Emergency Management And Civil Protection Act
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The ''Emergency Management and Civil Protection Act'' is an Act of the
Legislative Assembly of Ontario The Legislative Assembly of Ontario (OLA, french: Assemblée législative de l'Ontario) is the legislative chamber of the Canadian province of Ontario. Its elected members are known as Members of Provincial Parliament (MPPs). Bills passed by ...
that grants the
Premier of Ontario The premier of Ontario (french: premier ministre de l'Ontario) is the head of government of Ontario. Under the Westminster system, the premier governs with the Confidence and supply, confidence of a majority the elected Legislative Assembly of On ...
and the
Executive Council of Ontario The Executive Council of Ontario (french: Conseil des ministres de l'Ontario), often informally referred to as the Cabinet of Ontario (french: Cabinet de l'Ontario, links=no), is the cabinet of the Canadian province of Ontario. It comprises minis ...
the authority to declare a
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
. It was enacted on 30 June 2006. The Act grants to the
Lieutenant Governor of Ontario The lieutenant governor of Ontario (, in French: ''Lieutenant-gouverneur'' (if male) or ''Lieutenante-gouverneure'' (if female) ''de l'Ontario'') is the viceregal representative in Ontario of the , who operates distinctly within the province bu ...
the authority to suspend for an explicitly specified duration a set of legal provisions enabling the
Government of Ontario The government of Ontario (french: Gouvernement de l'Ontario) is the body responsible for the administration of the Canadian province of Ontario. A constitutional monarchy, the Crown—represented in the province by the lieutenant governor†...
to expediently respond to public emergencies and assist victims. This authority may be invoked only with respect to an emergency as defined in the ''Emergency Readiness Act''.


History

The ''Emergency Management and Civil Protection Act'' replaced the ''Emergency Management Act'' of 2002, which had replaced the ''Emergency Plans Act'' of 1983. One of the primary changes from previous Acts was the inclusion of emergencies related to disease or health risks, resulting from the poor response of the
Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...
and Government of Ontario to the
2002–2004 SARS outbreak The 2002–2004 outbreak of SARS, caused by severe acute respiratory syndrome coronavirus (SARS-CoV or SARS-CoV-1), infected over 8,000 people from 29 countries and territories, and resulted in at least 774 deaths worldwide. The outbreak wa ...
in Canada, centred in
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...
. The response was described as "very, very basic and minimal at best".


Uses

The ''Emergency Management and Civil Protection Act'' was used to declare an emergency during the
COVID-19 pandemic in Ontario The COVID-19 pandemic in Ontario is an ongoing viral pandemic of coronavirus disease 2019 (COVID-19), a novel infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first confirmed case of COVID-19 in C ...
in 2020 and in 2021. The Act was also used to declare an emergency in response to the
Freedom Convoy 2022 A series of protests and blockades in Canada against COVID-19 vaccine mandates and restrictions, called the Freedom Convoy (french: Convoi de la liberté, links=no) by organizers, began in early 2022. The initial convoy movement was created t ...
demonstrators in January 2022.


Requirements

The Act requires all ministries of the Government of Ontario to create an emergency management plan. The Premier of Ontario (via the Lieutenant Governor of Ontario) along with cabinet can invoke this legislation for up to 14 days and at the end of the 14 days can order a one-time extension of up to 14 additional days. At the end of such an extension, only the Legislative Assembly of Ontario can authorize a further extension of up to 28 additional days. When the declared emergency expires, the government has to report to the Legislative Assembly of Ontario within 120 days to review the declaration and actions taken.


Municipalities

The Act requires all municipalities in Ontario to develop an emergency preparedness and response program, the standards for which are defined in Ontario Regulation 380/04. Amongst its requirements are the development of an emergency plan, an annual training program for emergency response personnel, an annual response exercise program, public education campaigns, and to execute a Hazard Identification and Risk Assessment. Each municipality must establish an emergency operations centre and designate an emergency management coordinator.


Effects

A declaration of a state of emergency under the Act may result in the temporary suspension of employment for some individuals, for example because they are required to provide assistance to a member of the family. In such cases, the affected individuals are protected by the ''
Employment Standards Act The ''Employment Standards Act, 2000'' (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It diffe ...
'', which entitles them to an unpaid leave of absence.


References


External links


Emergency Management Ontario
*{{cite web , url=https://www.ontario.ca/laws/statute/90e09 , title=Emergency Management and Civil Protection Act, date=24 July 2014 RSO 1990, Chapter E.9 at eLaws Ontario
Ontario Regulation 380/04: Standards
at eLaws Ontario Ontario provincial legislation Emergency management in Canada