COVID-19 Emergency Legislation & Orders

Below you will find a compilation of relevant changes to federal legislation, relevant federal benefits, provincial orders and Emergency Orders as well as municipal orders and by-laws. We have done our best to keep this list up-to-date and to provide links to government summaries. Municipal by-laws are not as conveniently assembled but we will add links as we can when they are published online.

This list is meant to be a resource to help focus your search, and not as a substitute for your own search. Information is current as of April 4th, 2020 and will endeavour to update not less than weekly during the Covid-19 period.

FEDERAL PROGRAMS & LEGISLATION

For more information, see https://www.justice.gc.ca/eng/csj-sjc/covid.html

An Act to amend the Financial Administration Act (special warrant (S.C. 2020, c.4):

This enactment amends the Financial Administration Act to, among other things, permit that a special warrant, authorizing a payment out of the Consolidated Revenue Fund, may be issued while Parliament is in session but is not sitting. It also provides for the repeal of that amendment on June 24, 2020, such that special warrants will be issued, as before, only when Parliament is not in session. Basically, the government can commit and transfer funds while Parliament is not in session, as required by the emergency situation.

COVID-19 Emergency Response Act (S.C. 2020, c.5)

Part 1 implements, as part of the response to the coronavirus disease 2019 (COVID-19), certain income tax measures by

(a) introducing a one-time additional payment under the GST/HST tax credit;

(b) providing temporary additional amounts under the Canada Child Benefit;

(d) providing eligible small employers a temporary wage subsidy for a period of three months.

Part 2 enacts the Canada Emergency Response Benefit Act to authorize the making of income support payments to workers who suffer a loss of income for reasons related to the coronavirus disease 2019.

Part 3 enacts the Public Health Events of National Concern Payments Act, which authorizes payments to be made out of the Consolidated Revenue Fund in relation to public health events of national concern. It also provides for the repeal of the Act on September 30, 2020.

Part 4 amends the Canada Deposit Insurance Corporation Act to allow the Minister of Finance to increase the deposit insurance coverage limit until September 30, 2020.

Part 5 amends the Canada Mortgage and Housing Corporation Act to authorize the Minister of Finance, with the approval of the Governor in Council, to make payments to the Canada Mortgage and Housing Corporation out of the Consolidated Revenue Fund for the purpose of increasing the Corporation’s capital.

Part 6 amends the Export Development Act to broaden the purposes for which Export Development Canada is established and to permit the Minister of Finance, until September 30, 2020, to determine the amount of Export Development Canada’s authorized capital as well as the amount of certain limits applicable to Export Development Canada. It broadens the transactions for which the Minister of International Trade, with the concurrence of the Minister of Finance, may grant an authorization. It also provides for the suspension of certain provisions of the Export Development Canada Exercise of Certain Powers Regulations.

Part 7 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories for the fiscal year beginning on April 1, 2019.

Part 8 amends Part IV of the Financial Administration Act to authorize the Minister of Finance, until September 30, 2020, to borrow money under that Act for certain payments without the authorization of the Governor in Council, and it also amends that Part to extend the time for the tabling of the report on that Minister’s plans in relation to the management of the public debt. It also amends Part IV.1 of that Act to authorize that Minister to make payments to an entity and to procure the incorporation of a corporation or establish an entity, other than a corporation, for the purposes of promoting the stability or maintaining the efficiency of the financial system in Canada. Finally, it makes related amendments to the Borrowing Authority Act and a consequential amendment to the Canada Deposit Insurance Corporation Act.

Part 9 amends the Food and Drugs Act to, among other things, authorize the Governor in Council to make regulations

(a) requiring persons to provide information to the Minister of Health; and

(b) preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health.

Part 10 amends the Canada Labour Code to, among other things, create a regime which provides for a leave related to COVID-19 of up to 16 weeks. It also amends that Act to provide for the repeal of that regime and to provide for a quarantine leave under the medical leave regime.

Part 11 amends the National Housing Act to increase, for a period of five years, the maximum total for the outstanding insured amounts of all insured loans.

Part 12 amends the Patent Act to, among other things, provide that the Commissioner must, on the application of the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to a public health emergency that is a matter of national concern.

Part 13 amends the Canada Student Loans Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on a guaranteed student loan and no amount on account of principal or interest is required to be paid by the borrower.

Part 14 amends the Farm Credit Canada Act to authorize the Minister of Finance to determine the limit on the amounts that the Minister of Finance may pay to Farm Credit Canada out of the Consolidated Revenue Fund.

Part 15 amends the Canada Student Financial Assistance Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on a student loan and no amount on account of principal or interest is required to be paid by the borrower.

Part 16 amends the Business Development Bank of Canada Act to authorize the Minister of Finance to determine the limit on the aggregate of the paid-in capital — and any related contributed surplus — of the Business Development Bank and any proceeds prescribed as equity.

Part 17 amends the Apprentice Loans Act to provide that, during the period that begins on March 30, 2020 and ends on September 30, 2020, no interest is payable by a borrower on an apprentice loan and no amount on account of principal or interest is required to be paid by a borrower.

Division 1 of Part 18 amends the Employment Insurance Act to give the Minister of Employment and Social Development the power to make interim orders for the purpose of mitigating the economic effects of COVID-19.

Division 2 of Part 18 provides that every reference in any provision of the Employment Insurance Act and of regulations made under it to a certificate issued by a medical doctor or other medical professional or medical practitioner or by a nurse practitioner is deemed to be of no effect and that any benefit that would have been payable to a claimant had such a certificate been issued is payable to the claimant if the Canada Employment Insurance Commission is satisfied that the claimant is entitled to the benefit” Regulations:

Order pursuant to Section 32.1 of the Railway Safety Act Due to COVID-19 (Transport Canada)

This Ministerial Order requires intercity passenger rail carriers outlined in this order to implement mandatory health checks for COVID-19 and to refuse boarding of symptomatic passengers.

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 (Transport Canada)

This order establishes the requirement for mandatory health checks and refusal of boarding for all domestic and outbound travel in Canada.

Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from the United States) (Health Canada/Public Health Agency of Canada)

This order was made to broaden the scope of persons who are not prohibited from entering Canada while supporting Canada’s continued focus on reducing the introduction and further spread of COVID-19.

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) (Health Canada/Public Health Agency of Canada)

This order was made to manage all persons who enter Canada whether by air, land rail and sea, to minimize the travel related risk of introduction and spread of COVID-19 coronavirus disease by requiring all persons who enter Canada to isolate for 14 days from the day upon which they entered Canada.

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3 (Transport Canada)

This order was made to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public.

Regulations Maintaining the Safety of Persons in Ports and the Seaway

These Regulations temporarily restrict the number of persons arriving by cruise ship at ports managed by port authorities, at public ports, at public port facilities and in the Seaway to reduce the risk of persons in those areas contracting infectious diseases, including severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.

Interim Order Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19

This order was made to allow expedited access to COVID-19-related medical devices for use by healthcare providers, including diagnostic test kits.

Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Persons Not on Government Flight)

This order was made to protect the health of travellers who have or may have been exposed to the COVID-19 coronavirus disease outbreak, as well as the health and safety of the general public through heightened oversight of all individuals arriving in Canada from an outbreak area (i.e. high contagion risk), but who have either declined the Government of Canada’s express action to bring Canadians home or are foreign nationals not eligible for the repatriation effort.

Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order

This order was made to protect the health of exposed travellers as well as the health and safety of the general public from the COVID-19 coronavirus disease outbreak through heightened oversight of all individuals arriving to Canada from areas with a high contagion risk, as part of the Government of Canada’s action to bring Canadians home.

Minimizing the Risk of Exposure to 2019-nCoV Acute Respiratory Disease in Canada Order

This order was made to protect the health of exposed travellers as well as the health and safety of the general public from the 2019-nCoV acute respiratory disease outbreak through heightened oversight of all individuals arriving to Canada from Hubei Province, China as part of the Government of Canada’s action to bring Canadians home.

PROVINCIAL LEGISLATION

For more information, see https://www.ontario.ca/page/emergency-information#emergencyorders

Please also see https://www.emergencymanagementontario.ca/english/insideemo/legislationandregulation/handbook_EMCPA.html

One of the most important changes in Ontario has been the enactment of the Emergency Management and Protection Act, which allows various administrative bodies and municipalities to make rules as they see fit to address the problems they are seeing without having to go through the full normal processes of the provincial government, provided certain guidelines are followed. The Chief Medicial Officer of Health, the Lieutenant-Governor-In-Council (Cabinet), various Ministers and even some senior officials at Ministries can issue Orders. The fine and penalties for orders issued under this Act are unprecedented, both in the size of the penalties and the scope of organizations able to issue Orders. The Freedom of Information Act is partially inapplicable to such Orders or the reasoning behind them. For now, this legislation is critical to understand in terms of its impact.

Unfortunately, the only provision for making Orders and new legislation available at the municipal level is to have a copy available for viewing during business hours at the local municipal office. This shows very little thought given the restrictions on movement in place and the risks associated with going out. Or if you are of a more skeptical bent, a sinister and/or cynical thought process and an alarming direction to be taking in a time where information is more critical than ever, transmitted in a timely and obviously electronic manner.

We are not able to maintain an up-to-date list of such Orders given the breadth of the legislation but as we have time, we will add some of the most important to this page as they are posted online and/or they are brought to our attention.

For now we have canvassed available information for Oakville, Toronto and Brampton.

REGULATIONS

Declaration of Emergency (O.Reg. 50/20); Extended on March 30, 2020 (O. Reg. 105/20)

Extension and Reviewal of all emergency Orders (O. Reg. 106/20)

Enforcement of Orders (O. Reg. 114.20)

A police officer or any other provincial offences officer […] who has reasonable and probable grounds to believe that an individual has committed an offence under section 7.0.11 of the Emergency Management and Civil Protection Act may require the individual to provide the officer with the individual’s correct name, date of birth and address.

Closure of public places and establishments (O.Reg. 51/20)

The following establishments are ordered to close:

All facilities providing indoor recreational programs,
All public libraries,
All private schools as defined in the Education Act,
All child care centres within the meaning of the Child Care and Early Years Act, 2014, other than a child care centre that,
- i. is identified for the purposes of this paragraph by the Minister of Education or his delegate in consultation with service system managers or First Nations, as those terms are defined under the Child Care and Early Years Act, 2014,
- ii. provides care only for children whose parent or guardian is an individual set out in Schedule A, and
- iii. ensures that a maximum of 50 persons, including any children, are present at any time at the child care centre.
All bars and restaurants, except to the extent that such facilities provide takeout food and delivery,
All theatres including those offering live performances of music, dance, and other art forms, as well as cinemas that show movies, and
Concert venues.

Closure of all outdoor recreational amenities and parks (O.Reg. 104/20)

The following are outdoor recreation amenities and are ordered closed:

All outdoor playgrounds, play structures and equipment.
All outdoor sports facilities and multi-use fields, including,
- baseball diamonds,
- soccer fields,
- frisbee golf locations
- tennis, platform tennis, table tennis and pickleball courts,
- basketball courts,
- BMX parks, and
- skate parks.
All off-leash dog areas.
All portions of park and recreational areas containing outdoor fitness equipment.
All outdoor allotment gardens and community gardens.
All outdoor picnic sites, benches and shelters in park and recreational areas.

Prohibiting events and gatherings of more than five people (O.Reg. 52/20)

No person shall attend an organized public event of more than five people; a social gathering of more than five people or a gathering of five people for the purposes of conducting religious services. The order does not apply to gatherings of members of a single household or gathering for the purpose of a funeral service (which are limited to 10 people).

Closure of non-essential workplaces (O.Reg 82/20; updated April 3 as O.Reg 119/20)

Businesses which do not appear on the following list are to close: https://files.ontario.ca/solgen-oic-closure-nonessential-business-2020-04-03_0.pdf

Prohibiting unfair pricing on necessary goods (O.Reg. 98/20)

No person shall sell necessary goods at an unconscionable price. Necessary goods include:

Masks and gloves used as personal protective equipment in relation to infections.
Non-prescription medications for the treatment of the symptoms of the coronavirus (COVID-19), as those symptoms are described by Public Health Ontario.
Disinfecting agents intended for cleaning and disinfecting objects or humans.
Personal hygiene products, including soap products and paper products.

Work deployment for health service providers (O.Reg. 74.20)

Health services providers are authorized to any reasonably necessary measure to respond to, prevent and alleviate the outbreak of COVID-10, including staff redeployment, schedule change, vacation cancellation, etc., and may implement such measures without complying with the provisions of a collective agreement.

Work deployment for long-term care homes (O.Reg. 76/20)

Work deployment for boards of health (O.Reg. 116/20)

Work deployment measures in retirement homes (O.Reg. 118/20)

Service agencies providing services and support to adults with developmental disabilities (Order in Council)

Service agencies are authorized to any reasonably necessary measure to respond to, prevent and alleviate the outbreak of COVID-10, including staff redeployment, schedule change, vacation cancellation, etc., and may implement such measures without complying with the provisions of a collective agreement.

Off-peak electricity pricing (O.Reg. 80/20)

Residential and small business customers on time-of-use pricing under the Ontario Energy Boards Regulated Price Plan will pay 10.1 cents/kWh no matter what time of day the electricity is consumed.

Drinking water and sewage (O.Reg. 75/20)

Various deadline extensions and relief for drinking water systems and sewage works owners and operating authorities.

Streamlining requirements for long-term care homes (O.Reg. 95/20)

Licensees as defined in the Long-Term Care Homes Act, 2007 are authorized to take any reasonably necessary measures to respond to, prevent and alleviate the outbreak of COVID-10. Accordingly, certain regulations surrounding reporting; documentation; staffing; care requirements; admission, transfer and discharge; license and management contracts; and the administration of drugs are relaxed or rendered more flexible.

Traffic management (O.Reg. 89/20)

Ministry of Transportation officers may, inter alia, direct traffic and close highways or parts thereof.

Electronic service of documents (O.Reg. 76/20)

Service of documents on the Crown in right of Ontario, any Minister, the Children’s Lawyer, the Public Guardian and Trustee or the Director of the Family Responsibility Office in any proceeding other than a criminal proceeding shall only be effected by electronic means designated on the website of the Ministry of the Attorney General.

Meetings for corporations (O.Reg. 107/20)

Shareholders meetings and meetings of directors may be held by telephone or other electronic means; any shareholders meeting for the election of directors required to be held in 2020 and any annual meetings of shareholders shall be held no later than the 90th day after the day the emergency is terminated;

REGIONAL TORONTO:

By-Law 322-2020: To impose physical distancing regulations with respect to Parks, and Public Squares

Prohibiting individuals from remaining “for longer than an incidental period, closer than 2 metres to any other person who is not a member of the same household.

Medical Offer of Health Directive and Class Order (made pursuant to Section 22(5.0.1) of the Health Protection and Promotion Act):

All individuals with COVID-19 who are not hospitalized; with signs and symptoms of COVID-19, or who are waiting for their test results; and who have had close contact with someone who has COVID-19 or has the signs and symptoms of COVID-19 are ordered to self-isolate for 14 days.

BRAMPTON:

By-Law MO1-2020:

Prohibits people from maintaining less than a 2.0 metre distance from one another on any public property (other than people they live with);

Prohibits businesses to permit people to be seated or to be standing less than 2.0 metres apart whether inside or outside the business (other than people they live with);

Prohibits people from using any of the following City property:

playgrounds and other structures in parks;
leash-free dog parks;
picnic shelters;
outdoor sports facilities and outdoor fitness equipment, including sports fields, basketball and tennis courts;
recreation centres and surrounding lands; and
parking lots.

OAKVILLE:

Emergency Physical Distancing By-Law 2020-019:

Prohibits people from maintaining less than a 2.0 metre distance from one another on any public property (other than people they live with);

Authored by:

Trevor Moum, Associate Lawyer, Campbells LLP

Laughlin Campbell, Partner, Campbells LLP

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