C.1 Provincial roles and responsibilities

The provincial government has jurisdiction over public health and safety, property, and the environment within its borders. In the event of a radiological or nuclear emergency, the province is primarily responsible for mitigating the offsite consequences of the emergency, by conducting the offsite response to those emergencies as detailed in the PNERP. This annex is supplemental to provincial legislation found in Section 3.1.

C.2 Emergency Management and Civil Protection Act R.S.O 1990, Chapter E.9

The legislative authority for emergency management (including planning and response) in Ontario is the Emergency Management and Civil Protection Act (EMCPA).

One of the actions available to the province under the EMCPA is a provincial declaration of emergency. A provincial declaration of emergency can be made by the Lieutenant Governor in Council (LGIC) or the Premier for an emergency that exists throughout Ontario or in any part of Ontario. The provincial declaration of emergency allows the province to immediately make emergency orders to address the emergency quickly and effectively.

C.2.1 Emergency orders

Once a provincial declaration of emergency has been made, the LGIC has authority to make emergency orders and may delegate these powers to a Minister or to the CEM. All emergency orders are subject to the Canadian Charter of Rights and Freedoms.

A Minister to whom powers have been delegated may in turn delegate any of their powers to the Commissioner of Emergency Management (CEM).

In accordance with the EMCPA (s. 7.0.2(2)):

During a declared provincial 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, 
 

  1. the harm or damage will be alleviated by an order; and
  2. making an order is a reasonable alternative to other measures that might be taken to address the emergency.  

2006, c. 13, s. 1 (4).”.s. 7.0.2(3)(1) goes on to say that actions authorized by emergency orders "shall be exercised in a manner which, consistent with the objectives of the order, limits their intrusiveness."

C.2.2 Reporting requirements

Pursuant to Section 7.0.6 of the EMCPA, during a provincial emergency, the Premier or a Minister as delegated is required to regularly report to the public with respect to the emergency. Pursuant to subsection 7.0.10(1) of the EMCPA, the Premier is required to submit a report in respect of the declared emergency to the Assembly within 120 days following the termination of the declared emergency. If the Assembly is not in session at that time, the Premier is required to submit a report within seven (7) days of the Assembly reconvening.

C.2.3 Liability for action

Pursuant to subsection 11(1) of the EMCPA, ministers of the Crown, Crown employees, members of municipal councils, municipal employees, public servants, or any other individual acting pursuant to this Act or an order made under this Act for any act are protected from personal liability for doing any act done in good faith under the Act or pursuant to an Order made under the Act.

C.2.4 Authority

The responsibilities, functions, and tasks outlined in the PNERP, and its implementing plans shall carry the following authority in accordance with the EMCPA Section 9:

An emergency plan formulated under section 3, 6, 6.0.1 or 8 shall,

  1. in the case of a municipality, authorize employees of the municipality or, in the case of a plan formulated under section 6 or 8, authorize public servants to take action under the emergency plan where an emergency exists but has not yet been declared to exist;
  2. specify procedures to be taken for the safety or evacuation of persons in an emergency area;
  3. 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;
  4. 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;
  5. provide for obtaining and distributing materials, equipment and supplies during an emergency;
  6. provide for any other matter required by the standards for emergency plans set under section 14; and
  7. provide for such other matters as are considered necessary or advisable for the implementation of the emergency plan during an emergency.  R.S.O. 1990, c. E.9, s. 9; 2002, c. 14, s. 13; 2006, c. 35, Sched. C, s. 32 (5); 2022, c. 11, Sched. 1, s. 7.

C.3 Ontario Drinking Water Quality Standards (O. Reg. 169/03)

Provincial standards for water quality are set out in the Ontario Drinking Water Quality Standards (O. Reg. 169/03), a regulation under the Safe Drinking Water Act, 2002, S.O. 2002, c. 32.

C.4 Occupational Health and Safety Act, R.S.O. 1990, C. O.1

In the event of a conflict between an Emergency Order made under the EMCPA and the Occupational Health and Safety Act or a regulation made under it, OHSA or the regulation made under it prevails (subsection 7.2 (8) of the EMCPA).

C.5 Health Protection and Promotion Act, R.S.O. 1990, C. H.7

The Health Protection and Promotion Act (HPPA) includes provisions for the Minister of Health, Chief Medical Officer of Health, and local Medical Officers of Health to issue orders and directives. It further authorizes the Minister to publish public health standards for the provision of mandatory health programs and services, and every board of health shall comply with them.

C.6 Responsibilities

Where the PNERP assigns responsibilities to the province, those responsibilities are to be carried out by the Ontario provincial government as a whole, as coordinated by Emergency Management Ontario (EMO) through the Provincial Emergency Operations Centre (PEOC). The CEM is responsible for leading response and recovery coordination.

The responsibilities, functions, and tasks outlined in the PNERP, and its implementing plans shall carry the following authorities:

  1. In the case of those assigned to an organization, it should be the responsibility of the operational or administrative head of the organization to ensure their implementation.
  2. In the case of those assigned to a position, implementation shall also be the responsibility of any substitute, alternate, or the person next in line of authority if the permanent incumbent of that position is absent or otherwise unable to take the necessary action.