We are living in unprecedented times. Ontario is in a state of emergency as of
March 17, 2020 due to concerns on slowing the COVID-19 pandemic.
What does a state of emergency mean and
what powers does that give the Ontario government?
A state of emergency in Ontario means that
the government has invoked its powers under the Emergency Management and
Civil Protection Act, R.S.O. 1990, c. E.9 (“EMCPA”). Section 7.0.2(4) of the EMCPA provides the
government with broad powers to make orders related, but not limited, to:
- Implementing any emergency plans (for municipalities);
- Regulating or prohibiting travel or movement to, from or within any specified area;
- 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;
- Establishing facilities for the care, welfare, safety and shelter of individuals, including emergency shelters and hospitals;
- Closing any place, whether public or private, including any business, office, school, hospital, or other establishment or institution;
- 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;
- Collecting, transporting, storing, processing and disposing of any type of waste;
- Authorizing facilities, including electrical generating facilities, to operate as is necessary to respond to or alleviate the effects of the emergency;
- 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;
- Procuring necessary goods, services and resources;
- Fixing prices for necessary goods, services and resources and prohibiting charging unconscionable prices in respect of necessary goods, services and resources;
- 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;
- Subject to exceptions, 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;
- 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.
Why is it important to know about the
government’s emergency powers?
They could affect you, your business, and
your information. For instance, if you
are in the business of providing a much-needed resource, the government could
require you to provide it, either at a fixed price for the emergency period, or
potentially without any compensation.
While there is no reason to believe the government would not pay for the
goods or services requested under their emergency powers, their ability to
provide compensation is not mandatory under the EMCPA.
Furthermore, the government could disclose
information that they would not normally disclose under non-emergency
circumstances. To the extent that they
can follow normal disclosure protocols, they are entitled to require people to
collect, use, or disclose information that is necessary to deal with the
emergency.
What happens if you refuse an order from
the government in a state of emergency?
It is an offence under the EMCPA to disobey
or interfere with an order under Section 7.0.2(4). As a business, you could be fined up to
$10,000,000. As the director or officer
of the corporation, you could be fined $500,000 or be required to serve a term
of imprisonment for up to one year. In
fact, a court that finds an offender guilty may impose an even greater fine if
the offender benefited financially from the offence.
What does this mean for Ontario
businesses?
On March 17, 2020, the Ontario government has
prohibited all organized public gathers of 50 people or more, including
parades, events, and services in houses of worship. The government also order that recreation
centres, public libraries, private schools, daycares, bars, restaurants,
theatres, concert venues and cinemas close immediately and remain closed until
at least March 31, 2020.
This means you should rethink any plans of
holding a corporate event, or other event held at venues like restaurants or
concert halls. Even holding events
outdoors where you could garner more than 50 people, would likely be considered
an offence under the EMCPA. And if the
government orders you to provide information to them, whether it is protected
information or not, you will likely have to provide the information.
These are unprecedented times, so
information and awareness are key to adjustment to the changes. We recommend consulting with necessary legal
counsel if you are in doubt about your rights or your obligations.
As always, our team is available and ready to address any further questions you may have. Please give us a call at 613-695-7899 or send us an email at info@businesslawadvice.com
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