This Explanatory Note was written as a reader’s aid to Bill 195 and does not form part of the law.
Bill 195 has been enacted as Chapter 17 of the Statutes of Ontario, 2020.
The Bill enacts the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
The Act continues orders made under sections 7.0.2 and 7.1 of the Emergency Management and Civil Protection Act in relation to COVID-19. Continued orders will cease to apply after 30 days but can be extended by the Lieutenant Governor in Council for additional periods of up to 30 days.
Orders may be amended by the Lieutenant Governor in Council, subject to limitations. A continued section 7.0.2 order may be amended if the amendment would have been authorized under the Emergency Management and Civil Protection Act and if it satisfies other specified requirements. Certain continued section 7.0.2 orders listed in the Act may not be amended. Any continued order may be amended to address transitional issues. Orders may also be revoked.
The power to extend, amend or revoke orders can be delegated to a Minister.
The powers to extend or amend orders cease to apply after one year but the Assembly, on the recommendation of the Premier, may extend those powers for additional periods of up to one year.
Enforcement provisions are included to provide for court orders to restrain contraventions and to provide for offences. Those provisions are based on provisions of the Emergency Management and Civil Protection Act.
The Premier, or a Minister, is required to report regularly to the public and, at least once every 30 days, appear before, and report to, a standing or select committee of the Assembly. The Premier is required to table a report in the Assembly after one year and after any extension of the power to extend or amend orders.
If the COVID-19 declared emergency has not already been terminated, the Act provides for its termination.
The Act comes into force on a day to be named by proclamation of the Lieutenant Governor.