O. Reg. 76/20 (Electronic Service)

Description:

  • This emergency order required service of legal documents on the Crown and related entities to be effected electronically.
  • This order came into effect on March 23, 2020, under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • Service is when a copy of legal documents in a case is given to the other party. Documents must be served on the other party because that person has a right to know about a case that has been started against them.
  • Several Ontario statutes, regulations and rules require or permit documents to be served personally on the Crown and related entities. Accordingly, staff had to report physically to work to accept personal service of documents. Individuals would also need to travel in person to properly serve documents on the Crown or related entities.
  • This order required service to be delivered electronically instead of through personal attendance.
  • This order was needed to provide continued access to justice during the first declared provincial emergency in response to COVID-19covid 19 and after this emergency terminated by allowing litigation involving the Crown, ministers of the Crown including the Attorney General, Office of the Public Guardian and Trustee, Office of the Children's Lawyer or the Director of the Family Responsibility Office to be commenced or continued effectively, while maximizing the ability of staff to work remotely and practice physical distancing, and to minimize the need for members of the public to travel in order to effect personal service.
  • This order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not allow for this ability. It would not have been timely or feasible to make individual amendments temporarily overriding each of the numerous statutes, and regulations governing service, and particularly court rules which are not within the government’s control.

Amendments to the Order under ROA during the Reporting Period (December 2, 2021, to March 28, 2022):

  • No amendments were made to the order.

Extensions or Revocation of the Order under ROA during the Reporting Period (December 2, 2021, to March 28, 2022):

  • This order was extended as it remained necessary to respond to the effects of COVID-19covid 19 based on the circumstances at the time.
  • This order was revoked on April 27, 2022.

O. Reg. 195/20 (Treatment of Temporary COVID-19covid 19 Related Payments to Employees)

Description: 

  • This emergency order suspended certain provisions under the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (PSPSFGA) and replaced them with other provisions to clear barriers for employers to provide eligible frontline workers with time-limited payments in response to COVID-19covid 19 (e.g., temporary pandemic pay).
  • This order came into effect on May 1, 2020, retroactive to April 24, 2020, under the EMCPA and continued under ROA from July 24, 2020. 

Why the emergency order was needed:

  • This emergency order was needed to address COVID-19covid 19 related staffing shortages, support implementation of temporary pandemic pay and minimize the risk that temporary pandemic pay, and other temporary COVID-19covid 19 related payments made during a moderation period could be perceived as non-compliant with the PSPSFGA at a later date.

Amendments to the Order under ROA during the Reporting Period (December 2, 2021, to March 28, 2022):

  • No amendments were made to the order.

Extensions or Revocation of the Order under ROA during the Reporting Period (December 2, 2021, to March 28, 2022):

  • This order was extended as it remained necessary to respond to the effects of COVID-19covid 19 based on the circumstances at the time.
  • The order was revoked on April 27, 2022.

O. Reg. 95/20 (Streamlining Requirements for Long-Term Care Homes)

Description: 

  • This emergency order provided temporary flexibility related to staffing, care requirements, admissions, transfers and discharges, licences and management contracts, and administration of drugs, allowing long-term care homes to respond nimbly and effectively to meet the care and safety requirements of residents during the COVID-19covid 19 pandemic.
  • This order came into effect on March 27, 2020, under the EMCPA and continued under ROA from July 24, 2020.

Why the emergency order was needed:

  • In March 2020, there was growing concern from stakeholders and the Ministry of Long-Term Care that frontline workers in long-term care homes would become ill with COVID-19covid 19 and be unable to work, creating staffing shortages and leading to further spread of COVID-19covid 19 amongst residents.
  • There was also growing concern from stakeholders and the ministry that outbreaks of COVID-19covid 19 in long-term care homes would have a severe impact on the level of care required by residents due to potential staffing shortages.
  • The intent of the streamlined requirements in O. Reg. 95/20, including streamlined staff qualification requirements, was to support the homes’ efforts to address staffing challenges and prioritize care.
  • This order was the most responsive approach to providing the needed authority to implement these measures within a timely and consistent manner compared to other statutory amendments. The existing governing frameworks did not provide the greatest flexibility in responding to a rapidly evolving landscape and shifting on-the-ground priorities. There was an urgency to address potentially significant staffing shortages and administrative matters, and their potential impacts on the level of care provided to residents.

Amendments to the Order under ROA during the Reporting Period (December 2, 2021, to March 28, 2022):

  • No amendments were made to the order.

Extensions or Revocation of the Order under ROA during the Reporting Period (December 2, 2021, to March 28, 2022):

  • This order was extended as it remained necessary to respond to the effects of COVID-19covid 19 based on the circumstances at the time.
  • This order was revoked on April 27, 2022.