Bill 238 explained in plain English

Bill 238 updates Ontario's emergency management laws to modernize governance structures, require emergency planning for critical infrastructure, and authorize the Minister to issue directives to publicly-funded community and social services providers.

Bill 238, the Emergency Management Modernization Act, 2024, makes significant changes to how emergency management is organized and carried out in Ontario. **Main Changes to Emergency Management:** The bill updates the Emergency Management and Civil Protection Act by: 1. **Clarifying roles and leadership**: It establishes the Minister (assigned under the Executive Council Act) as the lead for emergency management across Ontario, replacing references to the Solicitor General. A new Commissioner of Emergency Management will operate under the Minister's direction and coordinate an "Ontario Corps" of personnel, services, equipment, and materials available for emergencies. 2. **Creating planning frameworks**: The government must develop and issue a provincial emergency management planning framework that describes how the province will coordinate emergency management, ensure government operations continue during emergencies, and manage nuclear and radiological emergencies. 3. **Updating municipal requirements**: Municipalities must develop emergency management programs that include emergency management plans. These plans must conform to the provincial framework. Municipal leaders can declare local emergencies if they consult the plan and believe emergency action is necessary. Municipal leaders must notify the Minister of emergency declarations and, after an emergency ends, report details to the Minister every 30 days while the emergency is ongoing. 4. **Expanding provincial emergency planning**: Ministers and prescribed government entities must develop emergency management programs and plans aligned with the provincial framework, identifying hazards and risks to public safety. 5. **Adding critical infrastructure requirements**: For the first time, entities operating or providing critical infrastructure (to be defined in regulations) may be required to develop emergency management programs and/or plans. 6. **Improving oversight**: The Minister can now request information about emergency management programs and plans from regulated entities and can issue directives requiring modifications if programs or plans do not meet legal requirements. The Minister can also issue guidelines on emergency management. **Changes to Community and Social Services:** The bill also amends the Ministry of Community and Social Services Act to: 1. **Grant directive authority**: The Minister can issue directives to prescribed entities that receive government funding to provide community and social services, addressing "extraordinary matters" defined in regulations. 2. **Create enforcement mechanisms**: If an entity fails to comply with a directive, the Minister can issue an order requiring the entity to achieve compliance or submit a compliance plan. Non-compliance can result in funding reduction or termination. 3. **Establish penalties**: Knowingly contravening a compliance order is an offence with fines of up to $5,000 for individuals and up to $25,000 for corporations. 4. **Public transparency**: The Minister must make directives and summaries of compliance orders publicly available. **Other Updates:** - References to the "Local Services Boards Act" are changed to the "Northern Services Boards Act." - The term "emergency plan" is replaced throughout with "emergency management plan." - Various French-language corrections are made. **Commencement:** Most provisions come into force on the day the bill receives Royal Assent. However, several specific provisions related to planning frameworks, critical infrastructure, and community services directives will come into force on a date to be proclaimed by the Lieutenant Governor.