Extension of Ontario Orders and Protections

October 21, 2020

The Government of Ontario made two announcements yesterday that may be of interest to you. 

The first is an extension of Emergency Orders, which is largely a matter of legislative housekeeping, while the second is an announcement of legislation to provide liability protection for employers and employees.

I have highlighted some important aspects of the announcements and include the full texts of both at the bottom of this email.

COVID-19 Liability Protection

The government is introducing legislation that will provide liability protection for workers, volunteers and organizations that “make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19.”

The Supporting Ontario’s Recovery Act, 2020 will also maintain the right of Ontarians to take legal action against those who willfully, or with gross negligence, endanger others.

Those specifically protected under the Act include:

  • Healthcare workers and institutions;
  • Frontline workers who serve the public everywhere from grocery stores to restaurants and retail stores;
  • Businesses and their employees;
  • Charities, non-profit organizations; and
  • Coaches, volunteers and minor sports associations.
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Extension of Emergency Orders

As I have advised on previous occasions regarding the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), the government has extended most orders under Act in what is largely a matter of housekeeping to comply with the necessity to review orders on a regular basis.

Orders in effect under the ROA have been extended by 30 days, until November 21, 2020,  with the following exceptions:

  1. Electricity Price for Regulated Price Plan (RPP) Consumers has only been extended until October 31, 2020.  Beginning November 1, 2020, time of use customers will have the option of choosing between time of use electricity rates or tiered pricing. 
  2. Access to Personal Health Information by Means of the Electronic Health Record will expire on October 22, 2020 as changes to the Personal Health Information Protection Act, 2004, that recently came into force, make the order unnecessary. 

There are also amendments to some orders:

Under modified Stage 2 regulations (Toronto, Ottawa, York and Peel Regions), classes delivered for the purpose of teaching or training amateur or professional dancers in dance techniques are permitted to operate provided specified conditions are met. 

Regulations Rules for Areas in Stage 2 and Rules for Areas in Stage 3 have been amended to remove restrictions on in-person teaching and instruction for fire departments.

I have included a list of all extended Orders at the bottom of this post.

News Release

Ontario Extends COVID-19 Orders to Protect the Public

Dance classes with conditions allowed in areas under modified Stage 2 regulations

October 20, 2020
Solicitor General

TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, is extending most orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA). This extension will be in effect until November 21, 2020 to ensure the government continues to have the necessary tools to contain the spread of COVID-19.

“With the cold and flu season upon us and the continuing high number of COVID-19 cases in certain parts of the province, it’s critical we continue to take the necessary steps to protect the health and safety of Ontarians,” said Solicitor General Sylvia Jones. “We have renewed the majority of orders to ensure we have the tools in place to address any urgent public health situations and support the continued delivery of critical services.”  

Orders in effect under the ROA have been extended by 30 days with the following exceptions:

Ontario is also amending emergency orders for regions under modified Stage 2 regulations (Toronto, Ottawa, York and Peel Regions) to clarify that classes delivered for the purpose of teaching or training amateur or professional dancers in dance techniques are permitted to operate provided specified conditions are met. This change to the regulation recognizes that dance styles such as ballet, hip hop, and ballroom, can still be taught and practised safely when certain public health measures are followed, similar to other permitted activities, such as cheerleading and gymnastics. Dance classes that do not meet the specified criteria (e. g. a Zumba class) would not be permitted.

Additionally, regulations Rules for Areas in Stage 2 and Rules for Areas in Stage 3 have been amended to remove restrictions on in-person teaching and instruction for fire departments. The amendments, similar to what is currently in place for police training, are critical for public safety and the safety of fire department personnel. 

The ROA came into force on July 24, 2020 to ensure important measures remained in place after the provincial declared emergency came to an end. Under the ROA, orders can be extended for up to 30 days at a time. The government will review all orders continued under the ROA and report on order extensions to the Select Committee on Emergency Management Oversight.

The list of orders under the ROA that have been extended can be found online on the Government of Ontario’s website.

Quick Facts

  • The ROA allows certain orders to be amended, subject to criteria, and does not allow new orders to be created.
  • The ROA requires the Premier to table a report on any amendments or extensions of any orders within 120 days after the first anniversary of the act coming into force.

Additional Resources

Related Topics

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Learn about the government services available to you and how government works. Learn more

Health and Wellness

Get help navigating Ontario’s health care system and connecting with the programs or services you’re looking for. Learn more

Law and Safety

Ontario’s laws and related information about our legal system, emergency services, the Ontario Provincial Police and victim services. Learn more

News Release

Ontario Protects Workers, Volunteers and Organizations Who Make Honest Efforts to Follow COVID-19 Public Health Guidelines and Laws

Proposed Legislation Will Still Allow for Legal Action Against Intentional Misconduct and Gross Negligence

October 20, 2020
Attorney General

TORONTO — The Ontario government is introducing the Supporting Ontario’s Recovery Act, 2020, that if passed, will provide liability protection for workers, volunteers and organizations that make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19. At the same time, it will maintain the right of Ontarians to take legal action against those who willfully, or with gross negligence, endanger others.

“After listening to the concerns of Ontarians, we want to ensure people can seek redress against gross negligence, intentional misconduct and bad actors who fail to make an honest effort to follow COVID-19 guidance and laws,” said Attorney General Doug Downey. “We are also providing protection to the hard-working women and men who make essential contributions to our communities, from frontline health care workers to people coaching minor sports teams, to those keeping our supply chain moving, to people volunteering at the local food bank or those simply showing up for work each day despite the unprecedented challenges of COVID-19.”

If passed, the Supporting Ontario’s Recovery Act, 2020 will provide targeted protection for those who are making an honest effort to follow public health guidelines and laws, including:

  • Healthcare workers and institutions;
  • Frontline workers who serve the public everywhere from grocery stores to restaurants and retail stores;
  • Businesses and their employees;
  • Charities, non-profit organizations; and
  • Coaches, volunteers and minor sports associations.

“The proposed legislation would ensure Ontarians, who are contributing to the recovery of our province and make good faith efforts to follow public health guidance and laws on COVID-19, are not discouraged from making a difference in their communities because they are afraid of civil liability,” said Attorney General Downey.

The proposed changes will also ensure court resources are used where they are needed most: to hold accountable bad actors who ignore public health guidance and laws or act with gross negligence.

Quick Facts

  • British Columbia and Nova Scotia have legislation in place to help protect workers supporting communities during the COVID-19 pandemic.
  • “Good faith” is the standard commonly used in existing Ontario immunity provisions, meaning an honest effort to act in accordance with applicable public health guidance and laws relating to COVID-19.
  • The proposed legislation also includes changes to the Municipal Elections Act, 1996 that would remove the option to use ranked ballots for municipal council elections, making the electoral process consistent across municipal, provincial and federal elections.

Related Topics

Law and Safety

Ontario’s laws and related information about our legal system, emergency services, the Ontario Provincial Police and victim services. Learn more

The following orders under the ROA have been extended until November 21, 2020: