Purposes and Interpretation
The purposes of this Act are,
to provide for emergency management to safeguard the health, safety, welfare and property of the people of Ontario;
to facilitate co-ordination as part of emergency management, including amongst,
individuals,
municipalities,
Indigenous communities,
organizations in the public and private sectors,
federal, provincial and territorial governments, and
international organizations; and
to provide for emergency powers.
In this Act,
“emergency” means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise; (“situation d’urgence”)
“emergency area” means the area in which an emergency exists; (“zone de crise”)
“emergency management” means organized activities undertaken to prevent, mitigate, prepare for, respond to and recover from emergencies; (“gestion des situations d’urgence”)
“employee of a municipality” means an employee as defined in section 278 of the Municipal Act, 2001 or a designated employee as defined in section 217 of the City of Toronto Act, 2006, as the case may be; (“employé municipal”)
“head of council” includes a chair of the board of an improvement district; (“président du conseil”)
“local board” means a local board as defined in the Municipal Affairs Act; (“conseil local”)
“local services board” means a Local Services Board established under the Northern Services Boards Act; (“régie locale des services publics”)
“member of council” includes a trustee of the board of an improvement district; (“membre du conseil”)
“Minister” means the Minister of Emergency Preparedness and Response or such other member of the Executive Council to whom administration of this Act is assigned under the Executive Council Act; (“ministre”)
“necessary goods, services and resources” includes food, water, electricity, fossil fuels, clothing, equipment, transportation and medical services and supplies; (“denrées, services et ressources nécessaires”)
“prescribed” means prescribed by the regulations; (“prescrit”)
“provincial emergency management organization” means the entity required under section 2.0.3; (“organisme provincial de gestion des situations d’urgence”)
“public servant” means a public servant within the meaning of the Public Service of Ontario Act, 2006; (“fonctionnaire”)
“regulations” means regulations made under this Act. (“règlements”) ; ; ; ; ; ; ; ;
Governance
(1) The Minister shall provide leadership in and ensure co-ordination of emergency management in Ontario.
For the purposes of this Act, the Minister,
may monitor and assess hazards, risks, vulnerabilities, resources and facilities in Ontario, which may include,
authorizing surveys or studies to identify and record actual or potential hazards, risks and vulnerabilities that could cause or exacerbate an emergency in any part of Ontario, and
authorizing surveys or studies of resources and facilities to maintain and provide information necessary for the effective development of emergency management programs and emergency plans;
may monitor, review, assess and advise on the development and implementation of emergency management programs and emergency plans;
may co-ordinate or deliver training or exercises for the effective implementation of emergency management programs and emergency plans;
may oversee the co-ordination of the deployment and use of Ontario Corps under subsection 2.0.2 (4) by the Commissioner of Emergency Management;
may promote public awareness of matters related to emergency management;
may enter into agreements or other arrangements, such as mutual aid arrangements;
may liaise with individuals or entities including municipalities, Indigenous communities, organizations in the public and private sectors, federal, provincial and territorial governments and international organizations; and
may exercise any other prescribed powers and shall perform any other prescribed duties or functions.
The Minister may delegate, in writing, any of the Minister’s powers, duties or functions under this Act to the Commissioner of Emergency Management, subject to any conditions set out in the delegation.
(1) The Minister shall develop a provincial emergency management strategy that outlines strategic emergency management objectives for the Province.
The Minister shall prepare an annual report on the provincial emergency management strategy detailing the progress that has been made on achieving the strategic emergency management objectives.
At least every five years, the Minister shall review the provincial emergency management strategy and revise it as needed.
The Minister shall make the provincial emergency management strategy and the annual reports available to the public on a website of the Government of Ontario or in such other manner as may be prescribed.
For greater certainty, Part III (Regulations) of the Legislation Act, 2006 does not apply with respect to the provincial emergency management strategy.
(1) The Lieutenant Governor in Council shall appoint a Commissioner of Emergency Management, who shall operate under the Minister’s direction.
The Commissioner of Emergency Management,
shall direct the operations of the provincial emergency management organization; and
may exercise the powers and shall perform the duties and functions that may be prescribed or delegated to the Commissioner.
The Commissioner of Emergency Management shall establish a committee, comprised of public servants selected by the Commissioner, that shall advise the Commissioner, the Minister and the Cabinet advisory committee established under section 2.0.4 with respect to the co-ordination of emergency management.
The Commissioner of Emergency Management shall co-ordinate the deployment or use of personnel, services, equipment, materials and facilities that are available to the Commissioner for the purposes of this subsection to support emergency management.
The personnel, services, equipment, materials and facilities referred to in subsection (4) shall be known as “Ontario Corps” in English and “Corps de l’Ontario” in French.
The Commissioner of Emergency Management shall annually report to the Minister on the operations of the provincial emergency management organization and any other information specified by the Minister.
The Commissioner of Emergency Management may delegate, in writing, any of the Commissioner’s powers, duties or functions, including a power, duty or function delegated to the Commissioner by the Minister under subsection 2 (3), to a public servant, subject to any conditions set out in the delegation.
The individual who held the position of the Commissioner of Emergency Management immediately before the day subsection 3 (1) of Schedule 1 to the Emergency Management Modernization Act, 2025 came into force continues in that position until the end of their appointment.
There shall be a provincial emergency management organization that forms part of the Minister’s Ministry, which shall operate under the direction of the Commissioner of Emergency Management to assist the Minister in the co-ordination of emergency management in Ontario.
(1) A committee of the Executive Council is established for the purposes of this Act.
The committee shall be comprised of a chair, vice-chair and members appointed by the Lieutenant Governor in Council from among the members of the Executive Council.
The Commissioner of Emergency Management shall act as the secretary to the committee.
The committee shall,
perform any advisory duties or functions that the Executive Council directs, which may include direction to advise the Executive Council on the co-ordination of emergency management under this Act; and
report to the Executive Council at least annually on its activities.
The members of the committee immediately before the day subsection 3 (1) of Schedule 1 to the Emergency Management Modernization Act, 2025 came into force continue in that position until the end of their appointment.
Municipal Emergency Management and Declaration of Emergency
(1) Every municipality shall develop and implement an emergency management program and the council of the municipality shall by by-law adopt the emergency management program.
The emergency management program shall consist of,
an emergency plan as required by section 3;
training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities;
public education on risks to public safety and on public preparedness for emergencies; and
any other element required by the standards for emergency management programs set under section 14.
In developing its emergency management program, every municipality shall identify and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure that are at risk of being affected by emergencies.
Subject to subsection (5), a head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, may refuse under that Act to disclose a record if,
the record contains information required for the identification and assessment activities under subsection (3); and
its disclosure could reasonably be expected to prejudice the defence of Canada or of any foreign state allied or associated with Canada or be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism.
A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not disclose a record described in subsection (4),
if the institution is a municipality and the head of the institution is not the council of the municipality, without the prior approval of the council of the municipality;
if the institution is a board, commission or body of a municipality, without the prior approval of the council of the municipality or, if it is a board, commission or body of two or more municipalities, without the prior approval of the councils of those municipalities.
A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not, under that Act, disclose a record that,
contains information required for the identification and assessment activities under subsection (3); and
reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly.
The council of a municipality shall close to the public a meeting or part of a meeting if the subject matter being considered is the council’s approval for the purpose of subsection (5).
Nothing in this section affects a person’s right of appeal under section 39 of the Municipal Freedom of Information and Protection of Privacy Act with respect to a record described in this section.
(1) Every municipality shall formulate an emergency plan governing the provision of necessary services during an emergency and the procedures under and the manner in which employees of the municipality and other persons will respond to the emergency and the council of the municipality shall by by-law adopt the emergency plan.
[Repealed]
The council of a county may with the consent of the councils of the municipalities situated within the county co-ordinate and assist in the formulation of their emergency plans under subsection (1).
The Lieutenant Governor in Council may designate a municipality to address a specific type of emergency in its emergency plan and, if so required, the municipality shall include the type of emergency specified in its emergency plan.
Every municipality shall conduct training programs and exercises to ensure the readiness of employees of the municipality and other persons to act under the emergency plan.
Every municipality shall review and, if necessary, revise its emergency plan every year.
(1) The head of council of a municipality may declare that an emergency exists in the municipality or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area.
The head of council or the council of a municipality may at any time declare that an emergency has terminated.
The head of council shall ensure that the Minister is notified forthwith of a declaration made under subsection (1) or (2). ;
The Premier of Ontario may at any time declare that an emergency has terminated.
The emergency plan of a lower-tier municipality in an upper-tier municipality, excluding a county, shall conform to the emergency plan of the upper-tier municipality and has no effect to the extent of any inconsistency and, for the purposes of this section, The Corporation of the County of Lambton shall be deemed to be an upper-tier municipality.
Provincial Emergency Management
(1) Every minister of the Crown presiding over a ministry of the Government of Ontario and every agency, board, commission and other branch of government designated by the Lieutenant Governor in Council shall develop and implement an emergency management program consisting of,
an emergency plan as required by section 6;
training programs and exercises for public servants and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities;
public education on risks to public safety and on public preparedness for emergencies; and
any other element required by the standards for emergency management programs set under section 14. ;
In developing an emergency management program, every minister of the Crown and every designated agency, board, commission and other branch of government shall identify and regularly monitor and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure for which the minister or agency, board, commission or branch is responsible that are at risk of being affected by emergencies.
The emergency management program must include an identification of the necessary goods, services and resources that would be required to respond to the hazards and risks identified under subsection (2) and the availability and readiness of those necessary goods, services and resources.
Every minister of the Crown and every designated agency, board, commission and other branch of government shall provide information on the hazards and risks identified under subsection (2) and the related information described in subsection (2.1) to the Commissioner of Emergency Management annually and at any other time requested by the Commissioner. ;
A head of an institution, as defined in the Freedom of Information and Protection of Privacy Act, shall not, under that Act, disclose a record that,
contains information required for the identification and assessment activities under subsection (2); and
reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly.
Nothing in this section affects a person’s right of appeal under section 50 of the Freedom of Information and Protection of Privacy Act with respect to a record described in this section.
(1) It is the responsibility of,
each minister of the Crown presiding over a ministry of the Government of Ontario; and
each agency, board, commission or other branch of government designated by the Lieutenant Governor in Council,
to formulate an emergency plan for the ministry or branch of government, as the case may be, in respect of the type of emergency assigned to it by the Lieutenant Governor in Council, governing the provision of necessary services during an emergency and the procedures under and the manner in which public servants and other persons will respond to the emergency. ;
The emergency plan must reflect any relevant contents from the provincial emergency management plan formulated under section 6.0.1.
Every minister of the Crown described in clause (1) (a) and every agency, board, commission or other branch of government described in clause (1) (b) shall conduct training programs and exercises to ensure the readiness of public servants and other persons to act under their emergency plans. ;
Every minister of the Crown described in clause (1) (a) and every agency, board, commission or other branch of government described in clause (1) (b) shall review and, if necessary, revise its emergency plan every year.
(1) The Minister shall formulate a provincial emergency management plan that describes how Ontario will co-ordinate the response to any emergency that requires co-ordination at the provincial level. ;
The Minister shall conduct training programs and exercises to ensure the readiness of public servants and other persons to act under the provincial emergency management plan. ;
The Minister shall prepare an annual report detailing the progress that has been made on achieving the objectives of the provincial emergency management plan. ;
The Minister shall review the provincial emergency management plan and revise it at least every five years. ;
The Minister shall make the provincial emergency management plan and the annual report described in subsection (3) available to the public on a website of the Government of Ontario or in such other manner as may be prescribed. ;
[Repealed]
(1) The Minister shall develop a written framework for accountability and governance during emergencies. ;
The framework shall articulate,
the roles and responsibilities of each minister of the Crown presiding over a ministry of the Government of Ontario during an emergency. ;
The Minister shall make the framework available to the public on a website of the Government of Ontario or in such other manner as may be prescribed. ;
The Minister, the Commissioner of Emergency Management and any other prescribed ministers of the Crown presiding over a ministry of the Government of Ontario shall operate in compliance with the framework. ;
[Repealed]
Provincial Declaration of Emergency
“animal” means a domestic animal or bird or an animal or bird that is wild by nature that is in captivity; (“animal”)
“municipality” includes a local board of a district social services administration board and, despite subsection 6 (2) of the Northern Services Boards Act, a local services board. (“municipalité”) ; ;
(1) Subject to subsection (3), the Lieutenant Governor in Council or the Premier, if in the Premier’s opinion the urgency of the situation requires that an order be made immediately, may by order declare that an emergency exists throughout Ontario or in any part of Ontario.
An order of the Premier that declares an emergency is terminated after 72 hours unless the order is confirmed by order of the Lieutenant Governor in Council before it terminates.
An order declaring that an emergency exists throughout Ontario or any part of it may be made under this section if, in the opinion of the Lieutenant Governor in Council or the Premier, as the case may be, the following criteria are satisfied:
There is an emergency that requires immediate action to prevent, reduce or mitigate a danger of major proportions that could result in serious harm to persons or substantial damage to property.
One of the following circumstances exists:
The resources normally available to a ministry of the Government of Ontario or an agency, board or commission or other branch of the government, including existing legislation, cannot be relied upon without the risk of serious delay.
The resources referred to in subparagraph i may be insufficiently effective to address the emergency.
It is not possible, without the risk of serious delay, to ascertain whether the resources referred to in subparagraph i can be relied upon.
(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.
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,
the harm or damage will be alleviated by an order; and
making an order is a reasonable alternative to other measures that might be taken to address the emergency.
Orders made under this section are subject to the following limitations:
The actions authorized by an order shall be exercised in a manner which, consistent with the objectives of the order, limits their intrusiveness.
An order shall only apply to the areas of the Province where it is necessary.
Subject to section 7.0.8, an order shall be effective only for as long as is necessary.
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 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.
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.
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.
The employment of a person providing services under an order made under paragraph 12 of subsection (4) shall not be terminated because the person is providing those services.
The following rules apply with respect to an order under paragraph 13 of subsection (4):
Information that is subject to the order must be used to prevent, respond to or alleviate the effects of the emergency and for no other purpose.
Information that is subject to the order that is personal information within the meaning of the Freedom of Information and Protection of Privacy Act is subject to any law with respect to the privacy and confidentiality of personal information when the declared emergency is terminated.
information that could be used to identify a specific individual is removed from the data; or
the individual to whom the information relates consents to its use.
A person who has collected or used information as the result of an order under paragraph 13 of subsection (4) may remove information that could be used to identify a specific individual from the data for the purpose of clause (8) (a).
(1) If an order is made under section 7.0.1, the Premier may exercise any power or perform any duty conferred upon a minister of the Crown or an employee of the Crown by or under an Act. ; ;
If an order is made under section 7.0.1 and the emergency area or any part of it is within the jurisdiction of a municipality, the Premier, where he or she considers it necessary, may by order made under this section,
direct and control the administration, facilities and equipment of the municipality in the emergency area, and, without restricting the generality of the foregoing, the exercise by the municipality of its powers and duties in the emergency area, whether under an emergency plan or otherwise, is subject to the direction and control of the Premier; and
require any municipality to provide such assistance as he or she considers necessary to an emergency area or any part of the emergency area that is not within the jurisdiction of the municipality and direct and control the provision of such assistance.
Despite subsection 5 (3) of the Municipal Act, 2001, a municipality is authorized to exercise a municipal power in response to an order of the Premier or his or her delegate made under subsection (2) without a by-law.
(1) After an order has been made under section 7.0.1, the Lieutenant Governor in Council may delegate to a minister of the Crown or to the Commissioner of Emergency Management any of the powers of the Lieutenant Governor in Council under subsection 7.0.2 (4) and the Premier may delegate to a minister of the Crown or to the Commissioner of Emergency Management any of the Premier’s powers under section 7.0.3.
Despite any other remedy or any penalty, the contravention by any person of an order made under subsection 7.0.2 (4) may be restrained by order of a judge of the Superior Court of Justice upon application without notice by the Crown in right of Ontario, a member of the Executive Council or the Commissioner of Emergency Management, and the judge may make the order and it may be enforced in the same manner as any other order or judgment of the Superior Court of Justice.
During an emergency, the Premier, or a Minister to whom the Premier delegates the responsibility, shall regularly report to the public with respect to the emergency.
(1) Subject to this section, an emergency declared under section 7.0.1 is terminated at the end of the 14th day following its declaration unless the Lieutenant Governor in Council by order declares it to be terminated at an earlier date.
The Lieutenant Governor in Council may by order extend an emergency before it is terminated for one further period of no more than 14 days.
The Assembly, on the recommendation of the Premier, may by resolution extend the period of an emergency for additional periods of no more than 28 days.
If there is a resolution before the Assembly to extend the period of the emergency, the declaration of emergency shall continue until the resolution is voted on.
(1) Subject to this section, an order made under subsection 7.0.2 (4) is revoked 14 days after it is made unless it is revoked sooner.
An order of the Commissioner of Emergency Management made under subsection 7.0.2 (4) is revoked at the end of the second full day following its making unless it is confirmed before that time by order of the Lieutenant Governor in Council, the Premier or the Minister who delegated the power to make the order.
During a declared emergency, the Lieutenant Governor in Council or a Minister to whom the power has been delegated may by order, before it is revoked, extend the effective period of an order made under subsection 7.0.2 (4) for periods of no more than 14 days.
Despite the termination or disallowance of the emergency, the Lieutenant Governor in Council may by order extend the effective period of an order made under subsection 7.0.2 (4) for periods of no more than 14 days where the extension of the order is necessary to deal with the effects of the emergency.
If the Assembly passes a resolution disallowing the declaration of emergency or the extension of one, any order made under subsection 7.0.2 (4) is revoked as of the day the resolution passes.
(1) The Premier shall table a report in respect of the emergency in the Assembly within 120 days after the termination of an emergency declared under section 7.0.1 and, if the Assembly is not then in session, the Premier shall table the report within seven days of the Assembly reconvening.
The report of the Premier shall include information,
in respect of making any orders under subsection 7.0.3 (2) and an explanation as to why he or she considered it necessary to make the order.
The Assembly shall consider the report within five sitting days after the report is tabled.
If the Commissioner of Emergency Management makes any orders under subsection 7.0.2 (4) or 7.0.3 (2), he or she shall, within 90 days after the termination of an emergency declared under subsection 7.0.1 (1), make a report to the Premier in respect of the orders and the Premier shall include it in the report required by subsection (1).
(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,
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;
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
in the case of a corporation, to a fine of not more than $10,000,000.
A person is guilty of a separate offence on each day that an offence under subsection (1) occurs or continues.
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.
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.
(1) The purpose of this section is to authorize the Lieutenant Governor in Council to make appropriate orders when, in the opinion of the Lieutenant Governor in Council, victims of an emergency or other persons affected by an emergency need greater services, benefits or compensation than the law of Ontario provides or may be prejudiced by the operation of the law of Ontario.
If the conditions set out in subsection (3) are satisfied, the Lieutenant Governor in Council may, by order made on the recommendation of the Attorney General, but only if the Lieutenant Governor in Council is of the opinion described in subsection (1),
temporarily suspend the operation of a provision of a statute, regulation, rule, by-law or order of the Government of Ontario; and
if it is appropriate to do so, set out a replacement provision to be in effect during the temporary suspension period only.
The conditions referred to in subsection (2) are:
A declaration has been made under section 7.0.1.
The provision,
governs services, benefits or compensation, including,
fixing maximum amounts,
establishing eligibility requirements,
requiring that something be proved or supplied before services, benefits or compensation become available,
restricting how often a service or benefit may be provided or a payment may be made in a given time period,
restricting the duration of services, benefits or compensation or the time period during which they may be provided,
establishes a limitation period or a period of time within which a step must be taken in a proceeding, or
requires the payment of fees in respect of a proceeding or in connection with anything done in the administration of justice.
In the opinion of the Lieutenant Governor in Council, the order would facilitate providing assistance to victims of the emergency or would otherwise help victims or other persons to deal with the emergency and its aftermath.
The period of temporary suspension under an order shall not exceed 90 days, but the Lieutenant Governor in Council may,
before the end of the period of temporary suspension, review the order and, if the conditions set out in subsection (3) continue to apply, make an order renewing the original order for a further period of temporary suspension not exceeding 90 days;
at any time, make a new order under subsection (2) for a further period of temporary suspension not exceeding 90 days.
An order that has previously been renewed under clause (4) (a) may be renewed again, and in that case clause (4) (a) applies with necessary modifications.
If a provision establishing a limitation period or a period of time within which a step must be taken in a proceeding is temporarily suspended by the order and the order does not provide for a replacement limitation period or period of time, the limitation period or period of time resumes running on the date on which the temporary suspension ends and the temporary suspension period shall not be counted.
If a provision requiring the payment of a fee is temporarily suspended by the order and the order does not provide for a replacement fee, no fee is payable at any time with respect to things done during the temporary suspension period.
This section does not authorize,
making any reduction in respect of services, benefits or compensation;
shortening a limitation period or a period of time within which a step must be taken in a proceeding; or
increasing the amount of a fee.
takes effect immediately upon its making; or
if it so provides, may be retroactive to a date specified in the order.
Subsection 23 (2) of the Legislation Act, 2006 does not apply to an order made under subsection 7.0.2 (4) or 7.1 (2), but the Lieutenant Governor in Council shall take steps to publish the order in order to bring it to the attention of affected persons pending publication under the Legislation Act, 2006.
In the event of conflict between an order made under subsection 7.0.2 (4) or 7.1 (2) and any statute, regulation, rule, by-law, other order or instrument of a legislative nature, including a licence or approval, made or issued under a statute or regulation, the order made under subsection 7.0.2 (4) or 7.1 (2) prevails unless the statute, regulation, rule, by-law, other order or instrument of a legislative nature specifically provides that it is to apply despite this Act.
Except to the extent that there is a conflict with an order made under subsection 7.0.2 (4), nothing in this Act shall be construed as abrogating or derogating from any of the powers of the Chief Medical Officer of Health as defined in subsection 1 (1) of the Health Protection and Promotion Act.
Nothing in this Act shall be construed or applied so as to confer any power to make orders altering the provisions of this Act.
Nothing in this Act affects the rights of a person to bring an application for the judicial review of any act or failure to act under this Act.
Miscellaneous and Regulations
The Lieutenant Governor in Council shall formulate an emergency plan respecting emergencies arising in connection with nuclear facilities, and any provisions of an emergency plan of a municipality respecting such an emergency shall conform to the plan formulated by the Lieutenant Governor in Council and are subject to the approval of the Minister and the Minister may make such alterations as he or she considers necessary for the purpose of co-ordinating the plan with the plan formulated by the Lieutenant Governor in Council. ; ;
The Minister may, if he or she thinks it is necessary or desirable in the interests of emergency management and public safety, formulate emergency plans respecting types of emergencies other than those arising in connection with nuclear facilities. ;
specify procedures to be taken for the safety or evacuation of persons in an emergency area;
in the case of a municipality, designate one or more members of council who may exercise the powers and perform the duties of the head of council under this Act or the emergency plan during the absence of the head of council or during his or her inability to act;
establish committees and designate employees to be responsible for reviewing the emergency plan, training employees in their functions and implementing the emergency plan during an emergency;
provide for obtaining and distributing materials, equipment and supplies during an emergency;
provide for any other matter required by the standards for emergency plans set under section 14; and
provide for such other matters as are considered necessary or advisable for the implementation of the emergency plan during an emergency. ; ; ;
(1) In this section,
“regulated entity” means a person or entity, other than the Lieutenant Governor in Council, that is required under this Act to develop an emergency management program or emergency plan.
Every regulated entity shall submit a copy of its emergency plan and of any revisions to it to the Minister, and shall ensure that the Minister has the most current version.
If required by the Minister for the purposes of clause 2 (2) (b), a regulated entity shall submit to the Minister any information, including written information, respecting its emergency management program or emergency plan that the Minister specifies, within the time and in the manner that the Minister specifies.
If the Minister is satisfied that an emergency management program or emergency plan does not meet the requirements of this Act, the Minister may issue a directive to the regulated entity to make the modifications to the program or plan that the Minister specifies in the directive, within the time specified in the directive.
(1) The Minister may issue guidelines respecting the development or implementation of emergency management programs and emergency plans, or any other matter related to emergency management.
For greater certainty, the guidelines may include guidance on,
the objectives of emergency management programs and emergency plans;
the adequacy, effectiveness, co-ordination and continuous improvement of such programs and plans; and
performance indicators for such programs and plans.
The Minister shall make the guidelines available to the public on a website of the Government of Ontario or in such other manner as may be prescribed.
Except for plans respecting continuity of operations or services, an emergency plan formulated under section 3, 6, 6.0.1 or 8 shall be made available to the public for inspection and copying during ordinary business hours at an office of the municipality, ministry or branch of government, as the case may be. ; ;
(1) No action or other proceeding lies or shall be instituted against a member of council, an employee of a municipality, an employee of a local services board, an employee of a district social services administration board, a minister of the Crown, a public servant or any other individual acting pursuant to this Act or an order made under this Act for any act done in good faith in the exercise or performance or the intended exercise or performance of any power or duty under this Act or an order under this Act or for neglect or default in the good faith exercise or performance of such a power or duty. ;
Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown or a public servant referred to in subsection (1) and the Crown is liable under that Act as if subsection (1) had not been enacted. ; ;
Subsection (1) does not relieve a municipality of liability for the acts or omissions of a member of council or an employee of the municipality referred to in subsection (1), and the municipality is liable as if subsection (1) had not been enacted and, in the case of a member of council, as if the member were an employee of the municipality.
In the case of an order that is made retroactive to a date specified in the order, subsection (1) applies to an individual referred to in that subsection in respect of any act or any neglect or default that occurs before the order is made but on or after the date specified in the order.
In this section,
“member of council” includes a member of a local board, a local services board or a district social service administration board; (“membre du conseil”)
“municipality” includes a local board. (“municipalité”) ;
Where money is expended or cost is incurred by a municipality or the Crown in the implementation of an emergency plan or in connection with an emergency, the municipality or the Crown, as the case may be, has a right of action against any person who caused the emergency for the recovery of such money or cost, and for the purposes of this section, “municipality” includes a local board of a municipality and a local services board. ;
(1) The Minister, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada in respect of the payment by Canada to Ontario of any part of the cost to Ontario and to municipalities of the development and implementation of emergency management programs and the formulation and implementation of emergency plans. ; ;
The Minister, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada or with the government of any other province or territory of Canada for the provision of any personnel, service, equipment or material during an emergency. ;
The council of a municipality may make an agreement with the council of any other municipality or with any person for the provision of any personnel, service, equipment or material during an emergency. ;
(1) Nothing done under this Act or under an order made under subsection 7.0.2 (4) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law and there is no compensation for the loss, including a taking, of any real or personal property except in accordance with subsection (3).
The Lieutenant Governor in Council may by order authorize the payment of the cost of providing any assistance that arises under this Act or as the result of an emergency out of funds appropriated by the Assembly.
If, as the result of making an order under subsection 7.0.2 (4), a person suffers the loss, including a taking, of any real or personal property, the Lieutenant Governor in Council may by order authorize the reasonable compensation of the person for the loss in accordance with such guidelines as may be approved by the Lieutenant Governor in Council.
Without limiting the generality of subsection (2), the Lieutenant Governor in Council may by order authorize the payment of the costs incurred by a municipality in respect of an order made under this Act out of funds appropriated by the Assembly.
A regulation made under subsection (1) may be general or particular in its application.
Every municipality, minister of the Crown and designated agency, board, commission and other branch of government shall ensure that their emergency management programs and emergency plans conform to the standards set under this section.
The Lieutenant Governor in Council may make regulations prescribing anything that, under this Act, may or must be prescribed or done by regulation.
This Act binds the Crown.