Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

Interpretation

1 In this Act, “continued section 7.0.2 order” means an order continued under section 2 that was made under section 7.0.2 of the Emergency Management and Civil Protection Act; (“décret pris en vertu de l’article 7.0.2 et maintenu”) “COVID-19 declared emergency” means the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act. (“situation d’urgence déclarée en raison de la COVID-19”) “occupier” has the same meaning as in the Trespass to Property Act; (“occupant”) “premises” has the same meaning as in the Trespass to Property Act. (“lieux”) 2020, c. 17, s. 1; 2020, c. 23, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 23, Sched. 6, s. 1 - 01/10/2020

Orders

2 (1) The orders made under section 7.0.2 or 7.1 of the Emergency Management and Civil Protection Act that have not been revoked as of the day this subsection comes into force are continued as valid and effective orders under this Act and cease to be orders under the Emergency Management and Civil Protection Act. Exception (2) Subsection (1) does not apply to the order filed as Ontario Regulation 106/20 (Order Made Under the Act — Extensions and Renewals of Orders). Clarification (3) For greater certainty, an order that is in force is continued under subsection (1) even if, on the day that subsection comes into force, the order does not apply to any area of the Province.

3 (1) An order continued under section 2 ceases to apply 30 days after it is continued under section 2, subject to extension under subsection (2). Extension of orders (2) The Lieutenant Governor in Council may by order, before it ceases to apply, extend the effective period of an order for periods of no more than 30 days.

4 (1) The Lieutenant Governor in Council may, by order, (a) subject to subsections (2) and (5), amend a continued section 7.0.2 order in a way that would have been authorized under section 7.0.2 of the Emergency Management and Civil Protection Act if the COVID-19 declared emergency were still in effect and references in that section to the emergency were references to the COVID-19 pandemic and its effects; (b) amend an order continued under section 2 to address transitional matters relating to the termination of the COVID-19 declared emergency, the enactment of this Act or the continuation of orders under section 2. Limitation on amendments (2) An amendment may be made under clause (1) (a) only if, (a) the amendment relates to one or more of the subject matters listed in subsection (3); or (b) the amendment requires persons to act in compliance with any advice, recommendation or instruct…

5 The Lieutenant Governor in Council may by order revoke an order continued under section 2.

6 The Lieutenant Governor in Council may by order delegate to a minister of the Crown any of the powers of the Lieutenant Governor in Council under section 3, 4 or 5.

7 (1) Subsections 7.2 (3) to (8) of the Emergency Management and Civil Protection Act continue to apply, with necessary modifications, with respect to orders continued under section 2, including any amendments to such orders made under this Act. Same (2) Subsections 7.0.2 (6) to (9) of the Emergency Management and Civil Protection Act continue to apply, with necessary modifications and the modifications specified in subsection (3), with respect to continued section 7.0.2 orders, including any amendments to such orders made under this Act. Modifications (3) The modifications referred to in subsection (2) are the following: 1. The reference, in paragraph 1 of subsection 7.0.2 (7) of the Emergency Management and Civil Protection Act, to the emergency is deemed to be a reference to the COVID-19 pandemic and its effects. 2. The reference, in paragraph 2 of subsection 7.0.2 (7) of the Emergenc…

8 (1) The following powers cease to apply on the first anniversary of the day orders are continued under section 2: 1. The power under subsection 3 (2) to extend orders. 2. The power under section 4 to amend orders. Extension by Assembly resolution (2) The Assembly, on the recommendation of the Premier, may by resolution extend the expiry date mentioned in subsection (1) for additional periods of no more than one year. Same (3) If there is a resolution before the Assembly to extend the expiry date, the powers listed in subsection (1) shall continue until the resolution is voted on. Effect of orders after expiry of power to amend, extend (4) An order extended under subsection 3 (2) continues in effect until the date to which it was extended, even if that date is after the time the powers listed in subsection (1) cease to apply, unless it is revoked before that date.

Enforcement

9 Despite any other remedy or any penalty, the contravention by any person of a continued section 7.0.2 order 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 or a member of the Executive Council 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.

9.1 (1) A police officer, special constable or First Nations Constable may order that premises be temporarily closed if the police officer, special constable or First Nations Constable has reasonable grounds to believe that an organized public event or other gathering is occurring at the premises and that the number of people in attendance exceeds the number permitted under a continued section 7.0.2 order. 2020, c. 23, Sched. 6, s. 2. Compliance with order (2) Every individual who is on the premises shall comply with the order to temporarily close the premises by promptly vacating the premises after being informed of the order. 2020, c. 23, Sched. 6, s. 2. Same (3) No individual shall re-enter the premises on the same day that the premises were temporarily closed under subsection (1) unless a police officer, special constable or First Nations Constable authorizes the re-entry. 2020, c. 2…

10 (1) Every person who fails to comply with subsection 9.1 (2) or (3) or with a continued section 7.0.2 order or who interferes with or obstructs any person in the exercise of a power or the performance of a duty conferred by such an order 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. 2020, c. 17, s. 10 (1); 2020, c. 23, Sched. 6, s. 3. Separate offence (2) A person is guilty of a separate offence on each day that an offence under subsection (1) occurs or continues. 2020, c. 17, s. 10…

10.1 (1) A person is guilty of an offence if the person hosts or organizes a public event or other gathering at residential premises or other prescribed premises and the number of people in attendance exceeds the number permitted under a continued section 7.0.2 order. 2020, c. 23, Sched. 6, s. 4. Presumption that owner, etc. is hosting or organizing (2) If the owner or occupier of premises at which a public event or other gathering is held is present at the event or gathering, the owner or occupier is presumed, in the absence of evidence to the contrary, to be hosting or organizing the event or gathering. 2020, c. 23, Sched. 6, s. 4. Penalties (3) A person who is convicted of an offence under subsection (1) is liable, (a) in the case of an individual, subject to clause (b), to a fine of not less than $10,000 and not more than $100,000 and for a term of imprisonment of not more than one y…

Reporting

11 The Premier, or a Minister to whom the Premier delegates the responsibility, shall regularly report to the public with respect to the orders continued under section 2 that continue to apply.

12 At least once every 30 days, the Premier, or a Minister to whom the Premier delegates the responsibility, shall appear before, and report to, a standing or select committee designated by the Assembly concerning, (a) orders that were extended during the reporting period; and (b) the rationale for those extensions.

13 (1) Within 120 days after the first anniversary of the day orders are continued under section 2, the Premier shall table a report in the Assembly concerning, (a) orders that were amended under this Act; (b) orders that were extended under this Act; and (c) the rationale for those amendments and extensions, including how any applicable conditions and limitations on the making of the amendments were satisfied. Report, if extension under s. 8 (2) If the expiry date mentioned in subsection 8 (1) is extended under section 8, the Premier shall, within 120 days after the end of each extension period, table an additional report in the Assembly concerning, (a) the rationale for recommending the extension; (b) orders that were amended during the extension period; (c) orders that were extended during the extension period; and (d) the rationale for those amendments and extensions, including how a…

General

14 Section 11 of the Emergency Management and Civil Protection Act applies, with necessary modifications, with respect to orders continued, amended, extended or revoked under this Act.

15 (1) Section 13.1 of the Emergency Management and Civil Protection Act applies, with necessary modifications and the modification specified in subsection (2), with respect to this Act and orders continued, amended, extended or revoked under this Act. Modification (2) The modification referred to in subsection (1) is the following: 1. The reference, in subsection 13.1 (2) of the Emergency Management and Civil Protection Act, to the emergency is deemed to be a reference to the COVID-19 pandemic and its effects.

16 This Act binds the Crown.

17 Unless it has been terminated before this section comes into force, the COVID-19 declared emergency is terminated and Ontario Regulation 50/20 (Declaration of Emergency) is revoked.

18 Omitted (provides for coming into force of provisions of this Act).

19 Omitted (enacts short title of this Act). ______________