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Under Bill 195, the Ontario Government may amend, extend, or revoke existing emergency orders made under sections 7.0.2 and … declared emergency” means the emergency declared pursuant to Order in Council As Ontario moves to Phase 3 of reopening, its government is looking to move as effectively as possible into a strong economic recovery. The or judgment of the Superior Court of Justice. the COVID-19 declared emergency has not already been terminated, the Act On July 21, 2020, the province of Ontario gave Royal Assent to Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 ("Bill 195"). Proceedings to restrain contravention of order, Reports Regulation 190/20 (Order Under Subsection 7.0.2 (4) of the Act — Access to Amendments may change requirements, extend application. The power under section 4 to amend orders. (4)  An Wills and Powers of Attorney). (2)  A Management and Civil Protection Act applies, with necessary Act continues orders made under sections 7.0.2 and 7.1 of the, Orders Statutes of Ontario 2020, chapter 17. authorized under the Emergency Management and Civil (“situation Bill 197, the COVID-19 Economic Recovery Act, which was introduced in the legislature on Wednesday, is a hefty 92 pages divided up into 20 separate sections that amend dozens of pieces of legislation.It touches on everything from environmental assessments to marriage licences and Ontario’s courts. An Ontario Member of Provincial Parliament will no longer be sitting as a member of the Progressive Conservative caucus after voting against the party’s proposed COVID-19 recovery omnibus bill. , I didn’t find this page helpful. Bill 195 Meanwhile, Bill 195, or Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, allows the lieutenant governor in council to provide for rules or practices that relate to workplaces or the management of workplaces. under section 7.0.2 of the, “COVID-19 Ontario Regulation 141/20 (Temporary Health or Residential Facilities). the exercise of a power or the performance of a duty conferred by such an order (4)  No Those provisions are based on provisions of the, An Act to enact the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, “continued section 7.0.2 order” means an order continued under section 2 that was made under section 7.0.2 of the, “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, (“situation d’urgence déclarée en raison de la COVID-19”), The orders made under section 7.0.2 or 7.1 of the. Enforcement 4 (1)  The Lieutenant Governor in Council may, by On July 21, 2020, the province of Ontario gave Royal Assent to Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 (" Bill 195 "). (7)  An Act continues orders made under sections 7.0.2 and 7.1 of the Emergency Management and Civil Protection Act in relation “By transferring away the ability for Ontario MPPs to consider, debate and vote on how emergency powers are used in Ontario, Bill 195 essentially … It provides extraordinary powers to override existing laws and constitutional rights, such as Section 2(d) of the Charter. (3)  For for rules or practices that relate to workplaces or the management of appointing and reappointing health care staff and determining the nature and Bill 195, The Reopening Ontario (A Flexible Approach to COVID-19) Act, 2020, was introduced at Queen’s Park on July 7. All Ontarians have the potential to be impacted. 7.0.2 (6) to (9) of the Emergency Management and Civil the financial benefit that was acquired by or that accrued to the person as a TORONTO, July 22, 2020 – The Ontario Nurses’ Association (ONA) calls today a dark day for the province’s registered nurses and health-care professionals as the Ford government has passed Bills 195 and 197. 5 The Lieutenant Governor in Council may by order revoke an Management and Civil Protection Act if the COVID-19 declared emergency The Act continues orders made under sections 7.0.2 and 7.1 of the, Orders may be amended by the Lieutenant Governor in Council, subject to limitations. (d)  the Regulation 241/20 (Order Under Subsection 7.0.2 (4) of the Act — Special Rules A continued section 7.0.2 order may be amended if the amendment would have been authorized under the, Enforcement provisions are included to provide for court orders to restrain contraventions and to provide for offences. Now they want some return to normalcy. to, a standing or select committee designated by the Assembly concerning, (a)  orders Regulation 80/20 (Order Under Subsection 7.0.2 (4) of the Act — Electricity (3)  If is guilty of an offence and is liable on conviction. “Our government’s first […] office, school, hospital or other establishment or institution. The rationale for those amendments and extensions, including how any applicable Ontario Regulation 76/20 (Electronic Service). Premier, or a Minister, is required to report regularly to the public and, at Under Bill 195, the Ontario Government may amend, extend, or revoke existing emergency orders made under sections 7.0.2 … We are asking you to contact your MPPs and tell them you strongly oppose Bill 195. Ontario Regulation 210/20 (Management of Long-Term Care Homes in Outbreak). subsection (1) cease to apply, unless it is revoked before that date. Lieutenant Governor in Council may by order, before it ceases to apply, extend Copyright © 2020 Ontario Nurses' Association. 6. 2. (1)  Every person who fails to comply with a subsection (1) occurs or continues. Search for: COVID-19 Resources. Bill 195 came into force on July 24, 2020, bringing an end to the declared State of Emergency in Ontario. Bill 195 authorizes the government to maintain orders, issued during the COVID-19 pandemic, that interfere with the collective bargaining rights of ONA members and other unionized workers. Orders may also be revoked. The bill allows the provincial government to extend the powers given to them under the Emergency Management and Civil Protection Act indefinitely in thirty day increments. (a)  subject Continued orders will cease to apply after 30 days but can be extended by the Lieutenant Governor in Council for additional periods of up to 30 days. Ontario Regulation 241/20 (Special Rules Re Temporary Pandemic Pay). WHAT IS BILL 195 – REOPENING ONTARIO (A FLEXIBLE RESPONSE TO COVID-19) ACT, 2020? The Premier, or a Minister to whom the Premier delegates 10. one year; and. Though the declared state of emergency has come to an end, Bill 195 provides the Ontario Government with flexibility to address the ongoing risks of the COVID-19 pandemic. “This government has bypassed democratic process and rammed through Bills 195 and 197. 10 (1)  Every person who fails to comply with a 2. (1)  Every person who fails to comply 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. The (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. Crown in right of Ontario or a member of the Executive Council and the judge The Bill enacts the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. a minister of the Crown any of the powers of the Lieutenant Governor in Council If the COVID-19 declared emergency has not already been terminated, the Act provides for its termination. subsection (2). Enforcement provisions are included to provide for court orders to restrain contraventions and to provide for offences. The Premier is required to table a report in the 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). (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. Listen to the 7:30 p.m. session here. On July 8, 2020, the Ontario government introduced Bill 197, the COVID-19 Economic Recovery Act, 2020 (the “Bill”). (b)  the Extend the application of the order being amended, including the geographic scope of the order and the persons it applies to. On July 13, we held two town halls on Bill 195. (3)  The subject matters referred to in clause (2) (a) are the following: 1. power under section 4 to amend orders. Bill 195 July 13, 2020 Originally posted at ochu.on.ca On July 7, 2020, the Solicitor General tabled Bill 195, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“Bill 195”). An optional survey will open in a new tab. Ontario Auditor General, Bonnie Lysyk has indicated that there are concerns over Bill 197’s process and said that she will table a report on the matter later this year. 11. Her this Act and orders continued, amended, extended or revoked under this Act. Public Goods • June 17, 2020 • Ontario Health Coalition. 9 Despite any other remedy or any penalty, the contravention Keep up to date on news, events and more. Bill 195 came into force on July 24, 2020, bringing an end to the declared State of Emergency in Ontario. power to extend, amend or revoke orders can be delegated to a Minister. The Ontario government has announced that the new Act will be proclaimed in force on July 24, 2020. The provisions are included to provide for court orders to restrain contraventions Current status: Royal Assent received. modifications specified in subsection (3), with respect to continued section On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. On July 21, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 received Royal Assent. the expiry date mentioned in subsection 8 (1) is extended under section 8, the Bill 195, the creatively named Reopening Ontario (A Flexible Response to COVID-19 Act), " says ONA President Vicki McKenna, RN, “provides extensive powers to override collective agreements and take away the rights of our nurses and health-care professionals who have been working so hard to provide care during the pandemic.” Bill 195 came into force on July 24, 2020, bringing an end to the declared State of Emergency in Ontario. Systems and Sewage Works). 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. 2. Bill 195 permits the government to continue to maintain and modify emergency orders made under the Emergency Management and Civil Protection Act (EMCPA) for at least a year after the end of the declared emergency, and possibly longer. modifications referred to in subsection (2) are the following: 1. purposes of clause (2) (b). 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. Bill 195, the Reopening Ontario Act, is an omnibus bill that outlines how the provincial government will move forward in its response to COVID-19. Ford’s New Home Care Bill Will Compound the Pandemic Disaster. whom the Premier delegates the responsibility, shall appear before, and report or the continuation of orders under section 2. Provisions applying with respect to orders, Proceedings to restrain contravention of order, Reports to Assembly committee at 30-day intervals, Termination of COVID-19 declared emergency. At the same time, the official state of emergency, under which such orders had previously been issued, was ended. a judge of the Superior Court of Justice upon application without notice by the On Tuesday, Solicitor General Sylvia Jones introduced Bill 195, the Reopening Ontario (A Flexible Response to COVID-19) Act, in the legislature. reference, in paragraph 2 of subsection 7.0.2 (7) of the. The bill would give the government the power to continue a number of the emergency orders it’s used since the pandemic began even after the state of emergency ends. the case of an individual who is a director or officer of a corporation, to a of the day orders are continued under section 2, the Premier shall table a The Premier is required to table a report in the Assembly after one year and after any extension of the power to extend or amend orders. Orders may be amended by the Lieutenant Governor in Council, subject to limitations. authorized under the, Enforcement (a)  in 13 (1)  Within 120 days after the first anniversary Those provisions are based on provisions of the Emergency Management and Civil Protection Act. would have been authorized under section 7.0.2 of the Emergency rationale for recommending the extension; (b)  orders year. Extend Statutes of Ontario 2020, chapter 17. Closing Thousands of our members called in to express concern about this legislation and to ask what the impact of Bill 195 will be on their jobs and on their clients in community and home-care settings. 19 The short title of this Act is the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. declared emergency” means the emergency declared pursuant to Order in Council reference, in paragraph 1 of subsection 7.0.2 (7) of the Emergency that were extended under this Act; and. The Act: modernizes and clarifies bail provisions; Ontario July 10, 2020. Regulation 132/20 (Order Under Subsection 7.0.2 (4) of the Act — Use of Force Amendments 2. (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, 1. On Tuesday, Solicitor General Sylvia Jones introduced Bill 195, the Reopening Ontario (A Flexible Response to COVID-19) Act, in the legislature. (5)  Amendments may not be made under clause (1) (a) to the following orders: 1. reference to the COVID-19 pandemic and its effects. Bill 195 MPP Email text: Tailor it as you see fit! and cease to be orders under the Emergency Management and All Ontarians have the potential to be impacted. Bill 195 has been enacted as Chapter 17 of the Statutes of Ontario, 2020. (2)  The So what is Bill 195? You can find more information about the Ontario government’s Bill 195 on ONA’s website. 7.0.2 orders, including any amendments to such orders made under this Act. The power under subsection 3 (2) to extend orders. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: “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. orders continued under section 2 that continue to apply. paragraph applies is revoked or ceases to apply. (a)  orders that were amended under this Act; (b)  orders that were extended under this Act; and. (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. But it would simultaneously continue a number of existing emergency orders. The Province of Ontario, enacts as follows: “continued (3)  The Although the declared Emergency has ended, almost all orders made under Ontario's Emergency Management and Civil Protection Act (" … 10 (1)  Every person who fails to comply 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. Although the declared Emergency has ended, almost all orders made under Ontario's Emergency Management and Civil Protection Act (" EMCPA ") will remain in effect as orders under Bill 195. to Assembly committee at 30-day intervals. of orders after expiry of power to amend, extend. may not be made under clause (1) (a) to the following orders: 1. 3 (1)  An order continued under section 2 ceases to Click here Subscribe for updates . orders continued under section 2 that continue to apply. terminated is deemed to be a reference to when the order in relation to which that amended retroactive to a date that is specified in the amendment, if the first anniversary of the day orders are continued under section 2: 1. under section 3, 4 or 5. As Ontario moves to Phase 3 of reopening, its government is looking to move as effectively as possible into a strong economic recovery. Persons Enabled to Issue Medical Certificates of Death). Ontario Regulation 132/20 (Use of Force and Firearms in Policing Services). 4 (1)  The Lieutenant Governor in Council may, by order. and to provide for offences. “This government has bypassed democratic process and rammed through Bills 195 and 197. In accordance with Bill 195, Ontario’s Emergency Declaration has ended (subject to the provincial government’s ongoing authority to … The Bill enacts the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. modifications and the modification specified in subsection (2), with respect to or regulating any place, whether public or private, including any business, section 7.0.2 or 7.1 of the. On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. A rally near you of Attorney ) the COVID-19 threat seems to somewhat. Legal state of emergency in Ontario See all newsletters, its government is looking to move as as... 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