O. Reg. 98/20 (Prohibition on Certain Persons Charging Unconscionable Prices for Sales of Necessary Goods)

Description:

  • This order prohibited retailers and persons who did not normally engage in the sale of necessary goods before March 17, 2020 from selling or offering to sell necessary goods for “unconscionable prices”. An unconscionable price was defined as a price that grossly exceeds the price at which similar goods are available to like consumers, which is consistent with well-established principles from the Consumer Protection Act, 2002 (CPA).
  • This order came into effect on March 27, 2020 under the Emergency Management and Civil Protection Act (EMCPA) and continued under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) from July 24, 2020.

Why the emergency order was needed:

  • As confirmed cases of COVID-19covid 19 in Ontario rose, necessary goods, including protective supplies such as masks and hand sanitizer, were in short supply and high demand. Some retailers and individuals were capitalizing on demand for products by selling goods at prices significantly higher than fair market value.
  • This order was reasonable relative to other measures that could have been taken because it provided the timeliest response and approach in the initial days of the first declared provincial emergency in response to COVID-19covid 19. The existing CPA legislative and regulatory provisions address unconscionable pricing in the context of individual consumer transactions but did not identify particular goods and did not address the type of behaviour exhibited in the period leading up to the first declared provincial emergency. Given the need to ensure consumer access to reasonably priced necessary goods and address marketplace failures during the pandemic, no other feasible and timely measure was identified. This ensured that consumers would not be subject to unconscionable prices for necessary goods.

Amendments to the Order under ROA during the Reporting Period (July 24, 2021 – December 1, 2021):

  • No amendments were made to the order.

Revocation/Continuation under ROA during the Reporting Period (July 24, 2021 – December 1, 2021):

  • The order remained in effect as of December 1, 2021 as the circumstances required its extension.

O. Reg. 345/20 (Patios)

Description:

  • This order allowed municipalities to permit the temporary establishment and expansion of patios for restaurants and bars in an expedited manner to meet public health physical distancing requirements.
  • This order came into effect on July 2, 2020 under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • The order was needed by restaurants and bars to optimize the time-limited and critical summer and fall patio season, support small businesses across the province and help maintain and create hospitality sector jobs.
  • Restaurants and bars could temporarily create or extend outdoor patio spaces prior to this order under the Liquor Licence Act to safely accommodate patrons and staff once licensed establishments were permitted to reopen for business. However, due to land use planning legislative requirements for temporary use by-laws, in some instances it was not possible for municipalities to move quickly enough to permit restaurants and bars to establish or expand patios.
  • This order was a reasonable measure relative to others because it provided the timeliest response and enabled municipalities to expedite passing or amending temporary use by-laws for restaurant and bar patios that addressed local circumstances and needs.

Amendments to the Order under ROA during the Reporting Period (July 24, 2021 – December 1, 2021):

  • No amendments were made to the order.

Revocation/Continuation under ROA during the Reporting Period (July 24, 2021 – December 1, 2021):

  • The order remained in effect as of December 1, 2021 as the circumstances required its extension.