Offenses during a State of Emergency

Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

7.0.2 (1) The purpose of making orders under this section is to promote the public good by protecting the health, safety and welfare of the people of Ontario in times of declared emergencies in a manner that is subject to the Canadian Charter of Rights and Freedoms.

(2) During a declared emergency, the Lieutenant Governor in Council may make orders that the Lieutenant Governor in Council believes are necessary and essential in the circumstances to prevent, reduce or mitigate serious harm to persons or substantial damage to property, if in the opinion of the Lieutenant Governor in Council it is reasonable to believe that,

(a) the harm or damage will be alleviated by an order; and

(b) making an order is a reasonable alternative to other measures that might be taken to address the emergency.

(3) Orders made under this section are subject to the following limitations:

1. The actions authorized by an order shall be exercised in a manner which, consistent with the objectives of the order, limits their intrusiveness.

2. An order shall only apply to the areas of the Province where it is necessary.

3. Subject to section 7.0.8, an order shall be effective only for as long as is necessary. 2006, c. 13, s. 1 (4).

(4) In accordance with subsection (2) and subject to the limitations in subsection :(3), the Lieutenant Governor in Council may make orders in respect of the following:

1. Implementing any emergency plans formulated under section 3, 6, 8 or 8.1.

2. Regulating or prohibiting travel or movement to, from or within any specified area.

3. Evacuating individuals and animals and removing personal property from any specified area and making arrangements for the adequate care and protection of individuals and property.

4. Establishing facilities for the care, welfare, safety and shelter of individuals, including emergency shelters and hospitals.

5. Closing any place, whether public or private, including any business, office, school, hospital or other establishment or institution.

6. To prevent, respond to or alleviate the effects of the emergency, constructing works, restoring necessary facilities and appropriating, using, destroying, removing or disposing of property.

7. Collecting, transporting, storing, processing and disposing of any type of waste.

8. Authorizing facilities, including electrical generating facilities, to operate as is necessary to respond to or alleviate the effects of the emergency.

9. Using any necessary goods, services and resources within any part of Ontario, distributing, and making available necessary goods, services and resources and establishing centres for their distribution.

10. Procuring necessary goods, services and resources.

11. Fixing prices for necessary goods, services and resources and prohibiting charging unconscionable prices in respect of necessary goods, services and resources.

12. Authorizing, but not requiring, any person, or any person of a class of persons, to render services of a type that that person, or a person of that class, is reasonably qualified to provide.

13. Subject to subsection (7), requiring that any person collect, use or disclose information that in the opinion of the Lieutenant Governor in Council may be necessary in order to prevent, respond to or alleviate the effects of the emergency.

14. Consistent with the powers authorized in this subsection, taking such other actions or implementing such other measures as the Lieutenant Governor in Council considers necessary in order to prevent, respond to or alleviate the effects of the emergency.

(5) An order under paragraph 12 of subsection (4) may provide for terms and conditions of service for persons providing and receiving services under that paragraph, including the payment of compensation to the person providing services. 2006, c. 13, s. 1 (4).

7.0.11 (1) Every person who fails to comply with an order under subsection 7.0.2 (4) or who interferes with or obstructs any person in the exercise of a power or the performance of a duty conferred by an order under that subsection 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.

(2) A person is guilty of a separate offence on each day that an offence under subsection (1) occurs or continues.

(3) Despite the maximum fines set out in subsection (1), the court that convicts a person of an offence may increase a fine imposed on the person by an amount equal to the financial benefit that was acquired by or that accrued to the person as a result of the commission of the offence.

(4) No person shall be charged with an offence under subsection (1) for failing to comply with or interference or obstruction in respect of an order that is retroactive to a date that is specified in the order, if the failure to comply, interference or obstruction is in respect of conduct that occurred before the order was made but is after the retroactive date specified in the order.

Order Under Subsection 7.0.2 (4) of the Act - Access to Covid-19 Status Information by Specified Persons, O Reg 120/20

Interpretation

1. In this Order,

“COVID-19 status information”, in relation to an individual, means the individual’s name, address and date of birth and whether the individual has had a positive test for the COVID-19 coronavirus;

“specified custodians” means,

(a) laboratories licensed under the Laboratory and Specimen Collection Centre Licensing Act; and

(b) medical officers of health within the meaning of subsection 1 (1) of the Health Protection and Promotion Act.

Request for COVID-19 status information

2. The following persons are authorized to make a request to a specified custodian for the disclosure of COVID-19 status information in relation to an individual specified in the request:

1. A police officer as defined in the Police Services Act.

2. A member of a police force other than a police officer as defined in the Police Services Act.

3. A First Nations Constable appointed under section 54 of the Police Services Act.

4. A member of a police service in which policing is delivered by First Nations Constables.

5. An individual employed as a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997.

6. An individual who is,

i. engaged in providing fire protection services as defined under section 1 of the Fire Protection and Prevention Act, 1997, and

ii. employed in a fire department as defined under section 1 of the Fire Protection and Prevention Act, 1997.

7. A paramedic as defined in the Ambulance Act.

8. A communications officer within the meaning of Ontario Regulation 257/00 (General) made under the Ambulance Act.

Disclosure of COVID-19 status information

3. (1) On request of a person listed in section 2, a specified custodian shall take all reasonable steps to ensure that any COVID-19 status information that is within the custodian’s custody or control is disclosed in a timely manner to the person making the request, and shall do so,

(a) by disclosing the information directly to the person, or

(b) if the Ministry of Health has developed a system to facilitate access to COVID-19 status information for the purpose of this Order, by disclosing the information to the Ministry so that the Ministry may make it available to the person making the request.

(2) Disclosure by a specified custodian to the Ministry of Health for the purpose of clause (1) (b) shall be made in accordance with any requirements specified by the Ministry of Health.

Authority to collect, use and disclose information

4. The Ministry of Health may, in accordance with this Order and as may be necessary in order to prevent, respond to or alleviate the effects of the emergency,

(a) collect COVID-19 status information; and

(b) use and disclose the COVID-19 status information by making it available to the persons listed in section 2.