[38] Bill 56 Royal Assent (PDF)
Bill 56 2006
An Act to amend the
Emergency Management Act,
the Employment Standards Act, 2000
and the Workplace Safety and
Insurance Act, 1997
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Emergency Management Act
1. (1) The title of the Emergency Management Act is repealed and the following substituted:
Emergency Management and
Civil Protection Act
(2) The definition of "emergency" in section 1 of the Act is repealed and the following substituted:
"emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise; ("situation d'urgence")
(3) The Act is amended by adding the following section:
Cabinet advisory committee
2.0.1 The Lieutenant Governor in Council may appoint, from among the members of the Executive Council, a committee to advise the Lieutenant Governor in Council on matters relating to emergencies.
(4) Section 7 of the Act is repealed and the following substituted:
Definitions
7. In sections 7.0.1 to 7.0.11,
"animal" means a domestic animal or bird or an animal or bird that is wild by nature that is in captivity; ("animal")
"Commissioner of Emergency Management" means the person appointed from time to time by order in council as the Commissioner of Emergency Management; ("commissaire à la gestion des situations d'urgence")
"municipality" includes a local board of a municipality, a district social services administration board and, despite subsection 6 (2) of the Northern Services Boards Act, a local services board; ("municipalité")
"necessary goods, services and resources" includes food, water, electricity, fossil fuels, clothing, equipment, transportation and medical services and supplies. ("denrées, services et ressources nécessaires")
Declaration of emergency
7.0.1 (1) Subject to subsection (3), the Lieutenant Governor in Council or the Premier, if in the Premier's opinion the urgency of the situation requires that an order be made immediately, may by order declare that an emergency exists throughout Ontario or in any part of Ontario.
Confirmation of urgent declaration
(2) An order of the Premier that declares an emergency is terminated after 72 hours unless the order is confirmed by order of the Lieutenant Governor in Council before it terminates.
Criteria for declaration
(3) An order declaring that an emergency exists throughout Ontario or any part of it may be made under this section if, in the opinion of the Lieutenant Governor in Council or the Premier, as the case may be, the following criteria are satisfied:
1. There is an emergency that requires immediate action to prevent, reduce or mitigate a danger of major proportions that could result in serious harm to persons or substantial damage to property.
2. One of the following circumstances exists:
i. The resources normally available to a ministry of the Government of Ontario or an agency, board or commission or other branch of the government, including existing legislation, cannot be relied upon without the risk of serious delay.
ii. The resources referred to in subparagraph i may be insufficiently effective to address the emergency.
iii. It is not possible, without the risk of serious delay, to ascertain whether the resources referred to in subparagraph i can be relied upon.
Emergency powers and orders
Purpose
7.0.2 (1) The purpose of making orders under this section is to promote the public good by protecting the health, safety and welfare of the people of Ontario in times of declared emergencies in a manner that is subject to the Canadian Charter of Rights and Freedoms.
Criteria for emergency orders
(2) During a declared emergency, the Lieutenant Governor in Council may make orders that the Lieutenant Governor in Council believes are necessary and essential in the circumstances to prevent, reduce or mitigate serious harm to persons or substantial damage to property, if in the opinion of the Lieutenant Governor in Council it is reasonable to believe that,
(a) the harm or damage will be alleviated by an order; and
(b) making an order is a reasonable alternative to other measures that might be taken to address the emergency.
Limitations on emergency order
(3) Orders made under this section are subject to the following limitations:
1. The actions authorized by an order shall be exercised in a manner which, consistent with the objectives of the order, limits their intrusiveness.
2. An order shall only apply to the areas of the Province where it is necessary.
3. Subject to section 7.0.8, an order shall be effective only for as long as is necessary.
Emergency orders
(4) In accordance with subsection (2) and subject to the limitations in subsection (3), the Lieutenant Governor in Council may make orders in respect of the following:
1. Implementing any emergency plans formulated under section 3, 6, 8 or 8.1.
2. Regulating or prohibiting travel or movement to, from or within any specified area.
3. Evacuating individuals and animals and removing personal property from any specified area and making arrangements for the adequate care and protection of individuals and property.
4. Establishing facilities for the care, welfare, safety and shelter of individuals, including emergency shelters and hospitals.
5. Closing any place, whether public or private, including any business, office, school, hospital or other establishment or institution.
6. To prevent, respond to or alleviate the effects of the emergency, constructing works, restoring necessary facilities and appropriating, using, destroying, removing or disposing of property.
7. Collecting, transporting, storing, processing and disposing of any type of waste.
8. Authorizing facilities, including electrical generating facilities, to operate as is necessary to respond to or alleviate the effects of the emergency.
9. Using any necessary goods, services and resources within any part of Ontario, distributing, and making available necessary goods, services and resources and establishing centres for their distribution.
10. Procuring necessary goods, services and resources.
11. Fixing prices for necessary goods, services and resources and prohibiting charging unconscionable prices in respect of necessary goods, services and resources.
12. Authorizing, but not requiring, any person, or any person of a class of persons, to render services of a type that that person, or a person of that class, is reasonably qualified to provide.
13. Subject to subsection (7), requiring that any person collect, use or disclose information that in the opinion of the Lieutenant Governor in Council may be necessary in order to prevent, respond to or alleviate the effects of the emergency.
14. Consistent with the powers authorized in this subsection, taking such other actions or implementing such other measures as the Lieutenant Governor in Council considers necessary in order to prevent, respond to or alleviate the effects of the emergency.
Terms and conditions for services
(5) An order under paragraph 12 of subsection (4) may provide for terms and conditions of service for persons providing and receiving services under that paragraph, including the payment of compensation to the person providing services.
Employment protected
(6) The employment of a person providing services under an order made under paragraph 12 of subsection (4) shall not be terminated because the person is providing those services.
Disclosure of information
(7) The following rules apply with respect to an order under paragraph 13 of subsection (4):
1. Information that is subject to the order must be used to prevent, respond to or alleviate the effects of the emergency and for no other purpose.
2. Information that is subject to the order that is personal information within the meaning of the Freedom of Information and Protection of Privacy Act is subject to any law with respect to the privacy and confidentiality of personal information when the declared emergency is terminated.
Exception
(8) Paragraph 2 of subsection (7) does not prohibit the use of data that is collected as a result of an order to disclose information under paragraph 13 of subsection (4) for research purposes if,
(a) information that could be used to identify a specific individual is removed from the data; or
(b) the individual to whom the information relates consents to its use.
Authorization to render information anonymous
(9) A person who has collected or used information as the result of an order under paragraph 13 of subsection (4) may remove information that could be used to identify a specific individual from the data for the purpose of clause (8) (a).
Powers of the Premier
Powers delegated to Premier
7.0.3 (1) If an order is made under section 7.0.1, the Premier may exercise any power or perform any duty conferred upon a minister of the Crown or a Crown employee by or under an Act of the Legislature.
Powers of Premier, municipal powers
(2) If an order is made under section 7.0.1 and the emergency area or any part of it is within the jurisdiction of a municipality, the Premier, where he or she considers it necessary, may by order made under this section,
(a) direct and control the administration, facilities and equipment of the municipality in the emergency area, and, without restricting the generality of the foregoing, the exercise by the municipality of its powers and duties in the emergency area, whether under an emergency plan or otherwise, is subject to the direction and control of the Premier; and
(b) require any municipality to provide such assistance as he or she considers necessary to an emergency area or any part of the emergency area that is not within the jurisdiction of the municipality and direct and control the provision of such assistance.
By-law not necessary
(3) Despite subsection 5 (3) of the Municipal Act, 2001, a municipality is authorized to exercise a municipal power in response to an order of the Premier or his or her delegate made under subsection (2) without a by-law.
Delegation of powers
7.0.4 (1) After an order has been made under section 7.0.1, the Lieutenant Governor in Council may delegate to a minister of the Crown or to the Commissioner of Emergency Management any of the powers of the Lieutenant Governor in Council under subsection 7.0.2 (4) and the Premier may delegate to a minister of the Crown or to the Commissioner of Emergency Management any of the Premier's powers under section 7.0.3.
Same
(2) A minister to whom powers have been delegated under subsection (1) may delegate any of his or her powers under subsection 7.0.2 (4) and section 7.0.3 to the Commissioner of Emergency Management.
Proceedings to restrain contravention of order
7.0.5 Despite any other remedy or any penalty, the contravention by any person of an order made under subsection 7.0.2 (4) may be restrained by order of a judge of the Superior Court of Justice upon application without notice by the Crown in right of Ontario, a member of the Executive Council or the Commissioner of Emergency Management, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.
Reports during an emergency
7.0.6 During an emergency, the Premier, or a Minister to whom the Premier delegates the responsibility, shall regularly report to the public with respect to the emergency.
Termination of emergency
7.0.7 (1) Subject to this section, an emergency declared under section 7.0.1 is terminated at the end of the 14th day following its declaration unless the Lieutenant Governor in Council by order declares it to be terminated at an earlier date.
Extension of emergency, L.G. in C.
(2) The Lieutenant Governor in Council may by order extend an emergency before it is terminated for one further period of no more than 14 days.
Extension of emergency, Assembly
(3) The Assembly, on the recommendation of the Premier, may by resolution extend the period of an emergency for additional periods of no more than 28 days.
Same
(4) If there is a resolution before the Assembly to extend the period of the emergency, the declaration of emergency shall continue until the resolution is voted on.
Revocation of orders
7.0.8 (1) Subject to this section, an order made under subsection 7.0.2 (4) is revoked 14 days after it is made unless it is revoked sooner.
Commissioner's orders
(2) An order of the Commissioner of Emergency Management made under subsection 7.0.2 (4) is revoked at the end of the second full day following its making unless it is confirmed before that time by order of the Lieutenant Governor in Council, the Premier or the Minister who delegated the power to make the order.
Extension of orders, L.G. in C., etc.
(3) During a declared emergency, the Lieutenant Governor in Council or a Minister to whom the power has been delegated may by order, before it is revoked, extend the effective period of an order made under subsection 7.0.2 (4) for periods of no more than 14 days.
Extension of order after emergency
(4) Despite the termination or disallowance of the emergency, the Lieutenant Governor in Council may by order extend the effective period of an order made under subsection 7.0.2 (4) for periods of no more than 14 days where the extension of the order is necessary to deal with the effects of the emergency.
Disallowance of emergency by Assembly
7.0.9 (1) Despite section 7.0.7, the Assembly may by resolution disallow the declaration of emergency under section 7.0.1 or the extension of an emergency.
Same
(2) If the Assembly passes a resolution disallowing the declaration of emergency or the extension of one, any order made under subsection 7.0.2 (4) is revoked as of the day the resolution passes.
Report on emergency
7.0.10 (1) The Premier shall table a report in respect of the emergency in the Assembly within 120 days after the termination of an emergency declared under section 7.0.1 and, if the Assembly is not then in session, the Premier shall table the report within seven days of the Assembly reconvening.
Content of report
(2) The report of the Premier shall include information,
(a) in respect of making any orders under subsection 7.0.2 (4) and an explanation of how the order met the criteria for making an order under subsection 7.0.2 (2) and how the order satisfied the limitations set out in subsection 7.0.2 (3); and
(b) in respect of making any orders under subsection 7.0.3 (2) and an explanation as to why he or she considered it necessary to make the order.
Consideration of report
(3) The Assembly shall consider the report within five sitting days after the report is tabled.
Commissioner's report
(4) If the Commissioner of Emergency Management makes any orders under subsection 7.0.2 (4) or 7.0.3 (2), he or she shall, within 90 days after the termination of an emergency declared under subsection 7.0.1 (1), make a report to the Premier in respect of the orders and the Premier shall include it in the report required by subsection (1).
Offences
7.0.11 (1) Every person who fails to comply with an order under subsection 7.0.2 (4) or who interferes with or obstructs any person in the exercise of a power or the performance of a duty conferred by an order under that subsection is guilty of an offence and is liable on conviction,
(a) in the case of an individual, subject to clause (b), to a fine of not more than $100,000 and for a term of imprisonment of not more than one year;
(b) in the case of an individual who is a director or officer of a corporation, to a fine of not more than $500,000 and for a term of imprisonment of not more than one year; and
(c) in the case of a corporation, to a fine of not more than $10,000,000.
Separate offence
(2) A person is guilty of a separate offence on each day that an offence under subsection (1) occurs or continues.
Increased penalty
(3) Despite the maximum fines set out in subsection (1), the court that convicts a person of an offence may increase a fine imposed on the person by an amount equal to the financial benefit that was acquired by or that accrued to the person as a result of the commission of the offence.
Exception
(4) No person shall be charged with an offence under subsection (1) for failing to comply with or interference or obstruction in respect of an order that is retroactive to a date that is specified in the order, if the failure to comply, interference or obstruction is in respect of conduct that occurred before the order was made but is after the retroactive date specified in the order.
(5) Section 7.1 of the Act is repealed and the following substituted:
Orders in emergency
Purpose
7.1 (1) The purpose of this section is to authorize the Lieutenant Governor in Council to make appropriate orders when, in the opinion of the Lieutenant Governor in Council, victims of an emergency or other persons affected by an emergency need greater services, benefits or compensation than the law of Ontario provides or may be prejudiced by the operation of the law of Ontario.
Order
(2) If the conditions set out in subsection (3) are satisfied, the Lieutenant Governor in Council may, by order made on the recommendation of the Attorney General, but only if the Lieutenant Governor in Council is of the opinion described in subsection (1),
(a) temporarily suspend the operation of a provision of a statute, regulation, rule, by-law or order of the Government of Ontario; and
(b) if it is appropriate to do so, set out a replacement provision to be in effect during the temporary suspension period only.
Conditions
(3) The conditions referred to in subsection (2) are:
1. A declaration has been made under section 7.0.1.
2. The provision,
i. governs services, benefits or compensation, including,
A. fixing maximum amounts,
B. establishing eligibility requirements,
C. requiring that something be proved or supplied before services, benefits or compensation become available,
D. restricting how often a service or benefit may be provided or a payment may be made in a given time period,
E. restricting the duration of services, benefits or compensation or the time period during which they may be provided,
ii. establishes a limitation period or a period of time within which a step must be taken in a proceeding, or
iii. requires the payment of fees in respect of a proceeding or in connection with anything done in the administration of justice.
3. In the opinion of the Lieutenant Governor in Council, the order would facilitate providing assistance to victims of the emergency or would otherwise help victims or other persons to deal with the emergency and its aftermath.
Maximum period, renewals and new orders
(4) The period of temporary suspension under an order shall not exceed 90 days, but the Lieutenant Governor in Council may,
(a) before the end of the period of temporary suspension, review the order and, if the conditions set out in subsection (3) continue to apply, make an order renewing the original order for a further period of temporary suspension not exceeding 90 days;
(b) at any time, make a new order under subsection (2) for a further period of temporary suspension not exceeding 90 days.
Further renewals
(5) An order that has previously been renewed under clause (4) (a) may be renewed again, and in that case clause (4) (a) applies with necessary modifications.
Effect of temporary suspension: time period
(6) If a provision establishing a limitation period or a period of time within which a step must be taken in a proceeding is temporarily suspended by the order and the order does not provide for a replacement limitation period or period of time, the limitation period or period of time resumes running on the date on which the temporary suspension ends and the temporary suspension period shall not be counted.
Effect of temporary suspension: fee
(7) If a provision requiring the payment of a fee is temporarily suspended by the order and the order does not provide for a replacement fee, no fee is payable at any time with respect to things done during the temporary suspension period.
Restriction
(8) This section does not authorize,
(a) making any reduction in respect of services, benefits or compensation;
(b) shortening a limitation period or a period of time within which a step must be taken in a proceeding; or
(c) increasing the amount of a fee.
Orders, general
Commencement
7.2 (1) An order made under subsection 7.0.2 (4) or 7.1 (2),
(a) takes effect immediately upon its making; or
(b) if it so provides, may be retroactive to a date specified in the order.
Notice
(2) Subsection 5 (3) of the Regulations Act does not apply to an order made under subsection 7.0.2 (4), 7.0.3 (2) or 7.1 (2), but the Lieutenant Governor in Council shall take steps to publish the order in order to bring it to the attention of affected persons pending publication under the Regulations Act.
General or specific
(3) An order made under subsection 7.0.2 (4) or 7.1 (2) may be general or specific in its application.
Conflict
(4) In the event of conflict between an order made under subsection 7.0.2 (4) or 7.1 (2) and any statute, regulation, rule, by-law, other order or instrument of a legislative nature, including a licence or approval, made or issued under a statute or regulation, the order made under subsection 7.0.2 (4) or 7.1 (2) prevails unless the statute, regulation, rule, by-law, other order or instrument of a legislative nature specifically provides that it is to apply despite this Act.
Chief Medical Officer of Health
(5) Except to the extent that there is a conflict with an order made under subsection 7.0.2 (4), nothing in this Act shall be construed as abrogating or derogating from any of the powers of the Chief Medical Officer of Health as defined in subsection 1 (1) of the Health Protection and Promotion Act.
Limitation
(6) Nothing in this Act shall be construed or applied so as to confer any power to make orders altering the provisions of this Act.
Same
(7) Nothing in this Act affects the rights of a person to bring an application for the judicial review of any act or failure to act under this Act.
Occupational Health and Safety Act
(8) Despite subsection (4), in the event of a conflict between this Act or an order made under subsection 7.0.2 (4) and the Occupational Health and Safety Act or a regulation made under it, the Occupational Health and Safety Act or the regulation made under it prevails.
(6) Section 11 of the Act is repealed and the following substituted:
Protection from action
11. (1) No action or other proceeding lies or shall be instituted against a member of council, an employee of a municipality, an employee of a local services board, an employee of a district social services administration board, a minister of the Crown, a Crown employee or any other individual acting pursuant to this Act or an order made under this Act for any act done in good faith in the exercise or performance or the intended exercise or performance of any power or duty under this Act or an order under this Act or for neglect or default in the good faith exercise or performance of such a power or duty.
Crown not relieved of liability
(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown or a Crown employee referred to in subsection (1) and the Crown is liable under that Act as if subsection (1) had not been enacted.
Municipality not relieved of liability
(3) Subsection (1) does not relieve a municipality of liability for the acts or omissions of a member of council or an employee of the municipality referred to in subsection (1), and the municipality is liable as if subsection (1) had not been enacted and, in the case of a member of council, as if the member were an employee of the municipality.
Application of subs. (1)
(4) In the case of an order that is made retroactive to a date specified in the order, subsection (1) applies to an individual referred to in that subsection in respect of any act or any neglect or default that occurs before the order is made but on or after the date specified in the order.
Definitions
(5) In this section,
"member of council" includes a member of a local board, a local services board or a district social service administration board; ("membre du conseil")
"municipality" includes a local board of a municipality. ("municipalité")
(7) The Act is amended by adding the following section:
Action not an expropriation
13.1 (1) Nothing done under this Act or under an order made under subsection 7.0.2 (4) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law and there is no compensation for the loss, including a taking, of any real or personal property except in accordance with subsection (3).
Payment of cost of assistance
(2) The Lieutenant Governor in Council may by order authorize the payment of the cost of providing any assistance that arises under this Act or as the result of an emergency out of funds appropriated by the Assembly.
Compensation for loss of property
(3) If, as the result of making an order under subsection 7.0.2 (4), a person suffers the loss, including a taking, of any real or personal property, the Lieutenant Governor in Council may by order authorize the reasonable compensation of the person for the loss in accordance with such guidelines as may be approved by the Lieutenant Governor in Council.
Compensation for municipalities
(4) Without limiting the generality of subsection (2), the Lieutenant Governor in Council may by order authorize the payment of the costs incurred by a municipality in respect of an order made under this Act out of funds appropriated by the Assembly.
(8) The Act is amended by adding the following section:
Crown bound
15. This Act binds the Crown.
Bill 14
2. (1) This section applies only if Bill 14 (Access to Justice Act, 2006), introduced on October 27, 2005, receives Royal Assent.
Same
(2) References in this section to provisions of Bill 14 are references to those provisions as they were numbered in the first reading version of the Bill and, if Bill 14 is renumbered, the references in this section shall be deemed to be references to the equivalent renumbered provisions of Bill 14.
Same
(3) On the later of the day Bill 14 receives Royal Assent and the day subsection 1 (5) comes into force, subsection 7.2 (2) of the Emergency Management and Civil Protection Act is repealed and the following substituted:
Notice
(2) Subsection 18 (4) of the Legislation Act, 2006 does not apply to an order made under subsection 7.0.2 (4) or 7.1 (2), but the Lieutenant Governor in Council shall take steps to publish the order in order to bring it to the attention of affected persons pending publication under the Legislation Act, 2006.
Employment Standards Act, 2000
3. (1) Subsection 15 (7) of the Employment Standards Act, 2000 is repealed and the following substituted:
Retain documents re leave
(7) An employer shall retain or arrange for some other person to retain all notices, certificates, correspondence and other documents given to or produced by the employer that relate to an employee taking pregnancy leave, parental leave, family medical leave, personal emergency leave or emergency leave during a declared emergency for three years after the day on which the leave expired.
(2) The heading immediately before section 50 of the Act is repealed and the following substituted:
Personal Emergency Leave
(3) The Act is amended by adding the following section:
Emergency Leave, Declared Emergencies
Emergency leave, declared emergencies
50.1 (1) An employee is entitled to a leave of absence without pay if the employee will not be performing the duties of his or her position because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and,
(a) because of an order that applies to him or her made under section 7.0.2 of the Emergency Management and Civil Protection Act;
(b) because of an order that applies to him or her made under the Health Protection and Promotion Act;
(c) because he or she is needed to provide care or assistance to an individual referred to in subsection (8); or
(d) because of such other reasons as may be prescribed.
Advising employer
(2) An employee who takes leave under this section shall advise his or her employer that he or she will be doing so.
Same
(3) If the employee begins the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.
Evidence of entitlement
(4) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances at a time that is reasonable in the circumstances that the employee is entitled to the leave.
Limit
(5) An employee is entitled to take a leave under this section for as long as he or she is not performing the duties of his or her position because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and a reason referred to in clause (1) (a), (b), (c) or (d), but, subject to subsection (6), the entitlement ends on the day the emergency is terminated or disallowed.
Same
(6) If an employee took leave because he or she was not performing the duties of his or her position because of an emergency that has been terminated or disallowed and because of an order made under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act and the order is extended under subsection 7.0.8 (4) of that Act, the employee's entitlement to leave continues during the period of the extension if he or she is not performing the duties of his or her position because of the order.
Additional to entitlement under s. 50
(7) The entitlement to leave under this section is in addition to the entitlement to leave under section 50.
Care or assistance, specified individuals
(8) Clause (1) (c) applies with respect to the following individuals:
1. The employee's spouse.
2. A parent, step-parent or foster parent of the employee or the employee's spouse.
3. A child, step-child or foster child of the employee or the employee's spouse.
4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee's spouse.
5. The spouse of a child of the employee.
6. The employee's brother or sister.
7. A relative of the employee who is dependent on the employee for care or assistance.
Definitions
(9) The definitions of "parent" and "spouse" in section 45 apply for the purpose of subsection (8).
Retroactive order
(10) If an order made under section 7.0.2 of the Emergency Management and Civil Protection Act is made retroactive pursuant to subsection 7.2 (1) of that Act,
(a) an employee who does not perform the duties of his or her position because of the declared emergency and the order is deemed to have been on leave beginning on the first day the employee did not perform the duties of his or her position on or after the date to which the order was made retroactive; and
(b) clause 74 (1) (a) applies with necessary modifications in relation to the deemed leave described in clause (a).
(4) Section 141 of the Act is amended by adding the following subsections:
Regulations re emergency leaves, declared emergencies
(2.1) If a regulation is made prescribing a reason for the purposes of clause 50.1 (1) (d), the regulation may,
(a) provide that it has effect as of the date specified in the regulation;
(b) provide that an employee who does not perform the duties of his or her position because of the declared emergency and the prescribed reason is deemed to have taken leave beginning on the first day the employee does not perform the duties of his or her position on or after the date specified in the regulation; and
(c) provide that clause 74 (1) (a) applies, with necessary modifications, in relation to the deemed leave described in clause (b).
Retroactive regulation
(2.2) A date specified in a regulation made under subsection (2.1) may be a date that is earlier than the day on which the regulation is made.
Regulation extending leave
(2.3) The Lieutenant Governor in Council may make a regulation providing that the entitlement of an employee to take leave under section 50.1 is extended beyond the day on which the entitlement would otherwise end under subsection 50.1 (5) or (6), if the employee is still not performing the duties of his or her position because of the effects of the emergency and because of a reason referred to in clause 50.1 (1) (a), (b), (c) or (d).
Same
(2.4) A regulation made under subsection (2.3) may limit the duration of the extended leave and may set conditions that must be met in order for the employee to be entitled to the extended leave.
Workplace Safety and Insurance Act, 1997
4. (1) Paragraph 8 of the definition of "worker" in subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:
8. A person who assists in connection with an emergency that has been declared by the Lieutenant Governor in Council or the Premier under section 7.0.1 of the Emergency Management and Civil Protection Act or by the head of council of a municipality under section 4 of that Act.
(2) Subsection 71 (3) of the Act is repealed and the following substituted:
Same, declaration of emergency
(3) The Crown shall be deemed to be the employer of a person who assists in connection with an emergency declared by the Lieutenant Governor in Council or the Premier under section 7.0.1 of the Emergency Management and Civil Protection Act.
(3) The French version of subsection 71 (4) of the Act is amended by striking out "un état d'urgence déclaré" and substituting "une situation d'urgence déclarée".
Commencement
5. (1) This section and section 6 come into force on the day this Act receives Royal Assent.
Same
(2) Sections 1 to 4 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
6. The short title of this Act is the Emergency Management Statute Law Amendment Act, 2006.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 56 and does not form part of the law. Bill 56 has been enacted as Chapter 13 of the Statutes of Ontario, 2006.
The Bill amends the Emergency Management Act and makes consequential amendments to the Employment Standards Act, 2000 and the Workplace Safety and Insurance Act, 1997.
The Bill changes the name of the Emergency Management Act to the Emergency Management and Civil Protection Act (subsection 1 (1) of the Bill) and amends the definition of emergency to include dangers caused by disease or health risk (subsection 1 (2) of the Bill). The Bill adds a section to the Act that permits the establishment of a Cabinet Committee to advise the Cabinet on matters relating to emergencies (subsection 1 (3) of the Bill, section 2.0.1 of the Act).
The primary purpose of the Bill is to provide emergency powers to the Lieutenant Governor in Council and to the Premier to deal with emergencies. These are dealt with in subsection 1 (4 ) of the Bill, re-enacting section 7 of the Act and adding sections 7.0.1 to 7.0.11 to the Act.
The Bill provides that an emergency may be declared by an order of the Lieutenant Governor in Council or the Premier, if in the Premier's opinion the urgency of the situation requires an immediate order (subsection 7.0.1 (1) of the Act). An order of the Premier that declares an emergency is terminated after 72 hours unless it is confirmed by an order of the Lieutenant Governor in Council (subsection 7.0.1 (2) of the Act). An order declaring an emergency may be made if the Lieutenant Governor in Council or the Premier are of the opinion that an emergency exists that requires immediate action to prevent, reduce or mitigate a danger of major proportions and that one of the following conditions exists: the resources normally available to the Government cannot be relied upon without risk of serious delay, the resources normally available to the Government may be insufficiently effective to address the emergency or it is not possible, without the risk of serious delay, to ascertain whether the resources normally available can be relied upon (subsection 7.0.1 (3) of the Act).
The purpose of the power to make emergency orders is to promote the public good by protecting the health, safety and welfare of the people of Ontario in times of declared emergencies in a manner that is subject to the Canadian Charter of Rights and Freedoms (subsection 7.0.2 (1) of the Act). During a declared emergency, the Lieutenant Governor in Council may make emergency orders that the Lieutenant Governor in Council believes are necessary and essential to prevent, reduce or mitigate serious harm or substantial damage if, in the opinion of the Lieutenant Governor in Council, the harm or damage will be alleviated by the order and making an order is a reasonable alternative to other measures that might be taken to address the emergency (subsection 7.0.2 (2) of the Act). Limitations are placed on emergency orders (subsection 7.0.2 (3) of the Act).
Orders may be made in respect of many matters, including regulating or prohibiting travel or movement to or from a specified area, evacuating individuals and animals and removing personal property from a specified area, establishing facilities for the care, welfare, safety and shelter of individuals, constructing works and restoring necessary facilities, procuring necessary goods, services and resources, fixing of prices for necessary goods, services and resources and prohibiting charging unconscionable prices for such goods, services and resources, authorizing, but not requiring, any person to render services of a type the person is qualified to render and requiring that any person collect, use or disclose necessary information. This is all set out in subsection 7.0.2 (4) of the Act.
The powers of the Premier to act set out in the current subsections 7 (2) to (4) of the Act are continued in section 7.0.3.
The power to make orders may be delegated to a minister of the Crown or to the Commissioner of Emergency Management (section 7.0.4 of the Act). Where the Commissioner exercises the delegated power to make an order, the order is revoked within two days unless it is confirmed by the Lieutenant Governor in Council, the Premier or the Minister who delegated the power to make the order (subsection 7.0.8 (2) of the Act).
Generally, orders are effective as of when they are made but may be retroactive to a date specified in the order (subsection 7.2 (1) of the Act). Orders are effective for 14 days and, during a declared emergency, may be renewed for 14-day periods (subsection 7.0.8 (3) of the Act).
If there is a conflict between an order and any statute, regulation, rule, by-law, other order or instrument of a legislative nature, the order prevails unless the statute, regulation, rule, by-law, other order or instrument of a legislative nature specifically provides that it is to apply despite the Act. Except to the extent that there is a conflict with an order, nothing in the Act shall be construed as abrogating or derogating from the powers of the Chief Medical Officer of Health. The rights of a person to bring an application for judicial review are preserved. Despite the general provision, in the event of a conflict between the Act or an order made under it and the Occupational Health and Safety Act or a regulation made under it, the Occupational Health and Safety Act or the regulation made under it prevails (section 7.2 of the Act).
Upon application without notice, a judge of the Superior Court of Justice may make an order in respect of the contravention by any person of an order under subsection 7.0.2 (4) and the order of the judge may be enforced in the same manner as any other order or judgement of the Superior Court (section 7.0.5 of the Act).
During an emergency, the Premier, or a minister to whom the responsibility is delegated, must report to the public on the emergency (section 7.0.6 of the Act).
Declared emergencies are terminated 14 days or earlier after the day they are declared but may be extended by the Lieutenant Governor in Council for one period of 14 days. The Assembly may extend emergencies for periods of up to 28 days (section 7.0.7 of the Act).
The Assembly may by resolution disallow the declaration of emergency (section 7.0.9 of the Act). The Premier is required to report to the Assembly within 120 days after the termination of the emergency. The report must include information with respect to making orders and an explanation on how the order met the criteria for making an order and how the order satisfied the limitations on making an order (section 7.0.10 of the Act).
Offences and penalties are set out in section 7.0.11 of the Act. Failing to comply with an emergency order or interfering with a person acting under an emergency order are offences which carry a fine of up to $10,000,000 for corporations, $500,000 for corporate directors and officers and $100,000 for other persons. These fines may be further increased for convicted persons who profited financially from the offence. Individuals may be sentenced to imprisonment for up to one year.
The Bill replaces section 11 of the Act. Under the new section 11, no action or other proceeding lies or shall be instituted against a member of council, an employee of a municipality, an employee of a district social services administration board, an employee of a local services board, a minister of the Crown, a Crown employee or any other individual acting pursuant to the Act or an order made under the Act for any act done in good faith in the exercise or performance or the intended exercise or performance of any power or duty under this Act or an order under this Act or for neglect or default in the good faith exercise or performance of such a power or duty. Neither the Crown nor municipalities are, however, relieved of liability.
A new section, section 13.1, is added to the Act. It provides that nothing done under the Act or under an order under the Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. Generally, compensation is not paid for loss of property except in accordance with the Act. However, the Lieutenant Governor in Council may make an order authorizing the payment of costs for providing any assistance under the Act or as the result of an emergency and, if a person does suffer a loss to property as a result of an order, the Lieutenant Governor in Council may authorize the reasonable compensation of the person for the loss.
The Crown will be bound by the Act (section 15 of the Act).
The Employment Standards Act, 2000 is amended by, among other things, adding a section that provides employees with the right to unpaid leave in certain circumstances arising from declared emergencies (subsection 3 (3) of the Bill, section 50.1 of the Act).
The Workplace Safety and Insurance Act, 1997 is amended to reflect changes made to the Emergency Management Act by the Bill.