List of emergency orders issued intended to support vulnerable sectors during the COVID-19 emergency:

O. Reg. 193/20 (Hospital Credentialing Processes)

Description:

  • This emergency order provided hospitals with the authority and flexibility to more quickly appoint, reappoint and grant privileges to physicians and other professional staff where necessary to respond to, prevent and alleviate the outbreak of COVID-19.
  • It came into effect on May 1, 2020.

Why the order was needed:

  • The order was needed to address staffing shortages in health and other congregate care settings and ensure staff were deployed to critical areas of need. It was needed to enable hospitals to simplify and expedite their professional staff appointment and credentialing processes to effectively meet patient care demands.
  • It was intended to support effective and flexible human resources management in Ontario hospitals, facilitate hospitals’ efforts to provide critical outbreak management and prevention supports to long-term care homes and to meet direct patient care needs.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. It would not have been timely or feasible to make statutory and regulatory amendments under the Public Hospitals Act to ensure that all hospitals have mechanisms in place for managing professional staff resource demands on an urgent basis.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA):

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 74/20 (Work Redeployment for Certain Health Services Providers)

Description:

  • This emergency order authorized hospitals to take reasonably necessary measures with respect to staffing in order to respond to, prevent and alleviate the outbreak of COVID-19 for patients.
  • It came into effect on March 21, 2020.

Why the order was needed:

  • The order was needed to address staffing shortages in health and other congregate care settings and ensure staff were deployed to critical areas of need. It provided temporary measures to hospitals to allow the necessary flexibility to urgently respond to COVID-19.
  • The broader health care sector is covered by collective bargaining agreements which include processes that generally restrict the ability of public hospitals and other health service providers to quickly deploy staff to help address the demand created by the COVID-19 emergency.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement in the broader health care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • On April 24, 2020, the emergency order was amended to permit public hospitals and other health service providers to provide support and services in long-term care homes, including nursing and personal support services, infection prevention and control, and authorized such employers to redeploy staff to work in a long-term care home.
  • The order was also amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 156/20 (Deployment of Employees of Service Provider Organizations)

Description:

  • This emergency order provided Local Health Integration Networks with the authority and flexibility to make arrangements with contracted home care service providers to support the voluntary movement of available staff capacity at home care service provider organizations to high-priority congregate care settings, such as long-term care homes, during COVID-19.
  • It came into effect on April 16, 2020.

Why the emergency order was needed:

  • The order was needed to address staffing shortages in the long-term care sector and ensure staff were deployed to critical areas of need. It provided Local Health Integration Networks with the necessary flexibility to urgently respond to COVID-19.
  • The order allowed voluntary deployment of existing home care staff at service provider organizations to provide services, such as nursing, personal support services and therapy to other congregate care settings.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Hiring new staff or entering into new contracts with service provider organizations would have been a time-consuming process that would not support urgent same-day or same-week demands for services.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 163/20 (Work Deployment Measures for Mental Health and Addictions Agencies)

Description:

  • This emergency order provided mental health and addictions agencies with the authority and flexibility to make human resources decisions as necessary to respond to, prevent and alleviate the outbreak of COVID-19.
  • It came into effect on April 22, 2020.

Why the emergency order was needed:

  • The order was needed to provide community mental health and addictions agencies with temporary measures to allow flexibility in staffing and deployment to address outbreaks, staff shortages and shifting modes of service delivery to urgently respond to COVID-19.
  • The order was needed to support a highly vulnerable population who were at risk of frequent emergency department visits and/or hospitalization if services in the community were not available.
  • The mental health and addictions sector is covered by collective bargaining agreements that restrict the ability of service providers to appropriately redeploy staff.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement in the sector to reflect the temporary measures needed to respond to the pandemic.
  • As there is no governing legislation for the community mental health and addictions sector, alternate legislative/regulatory approaches were not possible.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 116/20 (Work Deployment Measures for Boards of Health)

Description:

  • This emergency order provided public health units (PHUs) with the authority and flexibility to make human resources decisions as necessary to respond to, prevent and alleviate the outbreak of COVID-19.
  • It came into effect on April 1, 2020.

Why the emergency order was needed:

  • The order was needed to provide PHUs with temporary measures to allow the necessary flexibility to address staffing shortages and urgently respond to COVID-19.
  • PHUs needed to be adequately resourced to manage and prevent the spread of COVID-19, including, but not limited to, expanding capacity to increase case and contact tracing to limit the spread of COVID-19 in communities across the province.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across each PHU to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 118/20 (Work Deployment Measures in Retirement Homes)

Description:

  • This emergency order provided retirement homes with the flexibility to redeploy staff to better address the staffing impact of the pandemic on retirement homes, as well as implement additional protocols and precautions in response to COVID-19.
  • It came into effect on April 2, 2020.

Why the emergency order was needed:

  • The order was needed to address staffing shortages in retirement homes and ensure staff were deployed to critical areas of need to maintain the health and safety of the residents who are particularly vulnerable to COVID-19. It provided retirement homes with temporary measures to allow the necessary flexibility to urgently respond to COVID-19.
  • The order enabled retirement home licensees to implement additional public health protocols and precautions to deal with the impact of outbreaks and prevent further outbreaks from occurring.
  • The order also allowed the Retirement Homes Regulatory Authority to assist with the implementation of effective infection control by requiring licensees to report an outbreak of COVID-19 to the Retirement Home Regulatory Authority in addition to required reporting to their local medical officer of health or designate.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing legislation governing retirement homes did not provide sufficient authority to address the items in the order. In addition, the order ensured that the Retirement Homes Regulatory Authority would receive reports on any outbreaks in retirement homes directly from the homes, without having to rely on inconsistent sharing of this information through public health units to the Retirement Homes Regulatory Authority.
  • The order was a reasonable measure in light of the government not being the employer and the involvement of numerous employers and bargaining agents in retirement homes across the province. It would not have been timely or feasible to amend or address each individual collective agreement across the sector to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The order was also amended to remove provisions related to certain necessary measures, including reporting and documentation. As a result, the related requirements set out in the Retirement Homes Act, 2010 and its regulation prior to the provincial declaration of emergency were again in effect. The requirement for licensees to report an infectious disease outbreak to the Retirement Homes Regulatory Authority was added to the regulations under the Retirement Homes Act, 2010.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 77/20 (Work Deployment Measures in Long-Term Care Homes)

Description:

  • This emergency order provided long-term care homes with greater flexibility to identify staffing priorities and develop, modify and implement redeployment plans to alleviate the effects of COVID-19 and deal with staff shortages and increased care required to address an outbreak.
  • It came into effect on March 23, 2020.

Why the emergency order was needed:

  • The order was needed to address staffing shortages in long-term care homes and ensure staff were deployed to critical areas of need to maintain the health and safety of the residents who are particularly vulnerable to COVID-19. It provided long-term care homes with temporary measures to allow the necessary flexibility to urgently respond to COVID-19.
  • It was needed to offer greater flexibility to identify staffing priorities and develop, modify and implement redeployment plans and deal with staff shortages and increased care required to address an outbreak.
  • The emergency order was needed to provide long-term care operators with the authority to develop and implement staff redeployment plans, where the long-term care home is of the view that redeployment of staff is reasonably necessary to respond to and provide care for residents due to COVID-19.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. There was urgency to address potentially significant staffing shortages and potential impacts to the level of care provided to residents. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the long-term care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on April 14, 2020, to ensure alignment with O. Reg. 146/20 to limit the redeployment authority for the purposes of ensuring that no employee is providing services at more than one long-term care home.
  • The order was subsequently amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 121/20 (Service Agencies Providing Services and Supports to Adults with Developmental Disabilities and Service Providers Providing Intervenor Services)

Description:

  • This emergency order provided temporary measures to allow flexibility to developmental service agencies with respect to work deployment and staffing and streamlined quality assurance measures, allowing them to meet the needs of adults with developmental disabilities during the COVID-19 pandemic.
  • It came into effect on April 3, 2020.

Why the emergency order was needed:

  • COVID-19 created staffing challenges for developmental services agencies.
  • The order was needed to address staffing shortages and ensure staff were deployed to critical areas of need. It provided the necessary flexibility to prevent, reduce and mitigate serious harm to vulnerable individuals receiving services and supports. In particular, residential settings had to remain operational and individuals had to continue to receive critical care and supports.
  • The order was needed to enable service agencies to redirect staff to meeting the immediate support needs of adults with a developmental disability in their care when staffing was limited and/or stretched, while retaining key health and safety measures.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the developmental services sector to reflect the temporary work deployment and staffing measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on April 24, 2020, to include intervenor service providers, which serve a range of deafblind people with different levels/combinations of hearing and vision loss. (Note: The provisions in the order streamlining quality assurance requirements for developmental services agencies do not apply to intervenor service providers).
  • The order was also amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/Continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 145/20 (Work Deployment Measures for Service Agencies Providing Violence Against Women Residential Services and Crisis Line Services)

Description:

  • This emergency order provided temporary measures to allow flexibility to service agencies in the violence against women (VAW), anti-human trafficking and crisis line services sectors with respect to work deployment and staffing, allowing them to meet the needs of vulnerable women and their dependents during the COVID-19 pandemic.
  • It came into effect on April 14, 2020.

Why the emergency order was needed:

  • As a result of COVID-19, VAW and anti-human trafficking residential agencies experienced several challenges, including increased demand for services and supports and the need to maintain the health and safety of residents and staff in communal situations.
  • The order was needed to address staffing shortages and ensure staff were deployed to critical areas of need. It provided the necessary flexibility to respond to increases in staff absenteeism, shortages and demand for unconventional staffing models (e.g. in hotels or other off-site locations) and monitor and assess the risk of asymptomatic transmission by staff.
  • This order was also required to help mitigate risks related to access or capacity in the VAW/anti-human trafficking shelter system, which could put women and their dependents at heightened risk of abuse and injury.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the VAW, anti-human trafficking and crisis line services sectors to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 157/20 (Work Deployment Measures for Municipalities)

Description:

  • This emergency order provided temporary measures to allow flexibility to municipalities with respect to work deployment and staffing, allowing them to ensure frontline services could continue to be delivered to meet the needs of their jurisdictions during the COVID-19 pandemic, including local public health needs.
  • It came into effect on April 16, 2020.

Why the emergency order was needed:

  • The order was needed to address staffing shortages at the municipal level and ensure staff were deployed to critical areas of need. It provided the necessary flexibility to urgently respond to COVID-19.
  • The order was needed to enable municipalities to redeploy existing staff with the appropriate training, change the assignment of work and employ volunteers and additional part-time/temporary staff or contractors.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the municipal sector to reflect the temporary work deployment and staffing measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 154/20 (Work Deployment Measures for District Social Services Administration Boards)

Description:

  • This emergency order provided temporary measures to allow flexibility to District Social Services Administration Boards (DSSABs) with respect to work deployment and staffing, allowing them to ensure the delivery of important frontline services during the COVID-19 pandemic.
  • It came into effect on April 16, 2020.

Why the emergency order was needed:

  • The order was needed to address staffing shortages and ensure staff were deployed to critical areas of need. It provided the necessary flexibility to urgently respond to COVID-19.
  • The order was needed to enable DSSABs to redeploy existing staff with the appropriate training, change the assignment of work and employ volunteers and additional part-time/temporary staff or contractors.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to amend or address each individual collective agreement across the DSSAB sector to reflect the temporary work deployment and staffing measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 205/20 (Education Sector)

Description:

  • This emergency order enabled available school board employees to be voluntarily redeployed to congregate care settings during the COVID-19 pandemic, including hospitals, long-term care homes, retirement homes and women's shelters.
  • Under the emergency order, school boards were authorized to develop and implement staff redeployment plans. Redeployed staff would maintain their employment relationship with the school board.
  • It came into effect on May 8, 2020.

Why the emergency order was needed:

  • The order was needed to address staffing shortages in congregate care settings and ensure staff were deployed to critical areas of need. It provided the necessary flexibility to urgently respond to COVID-19.
  • It enabled the education sector (e.g. custodial/maintenance, children and youth workers, social workers, paraprofessionals and educational assistants) to support staffing shortages within congregate care homes through the redeployment of school board employees. 
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The existing governing frameworks did not enable the movement of staff. It would not have been timely or feasible to make statutory and regulatory amendments under the Education Act or School Boards Collective Bargaining Act, 2014 to allow the redeployment of staff.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA: 

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 177/20 (Congregate Care Settings)

Description:

  • This emergency order introduced temporary measures to address the risk of transmission of COVID-19 and protect vulnerable populations residing in congregate care settings. The order included a requirement to follow all existing guidance issued by the Ministry of Health, a requirement for employees in these sectors to elect to work for one employer in the same sector and, in the event of an outbreak, restrict staff to working only at the outbreak location.
  • It came into effect on April 24, 2020.

Why the emergency order was needed:

  • The order was needed to prevent the introduction of COVID-19 in congregate residential settings in developmental services, violence against women and anti-human trafficking shelters and intervenor services sectors and to respond should an outbreak occur.
  • There are limitations to physical distancing in a congregate care setting due to the layout of some residences, direct staff to resident contact and, in the case of violence against women shelters, the large number of children in residence.
  • Given that the movement of staff between multiple employment locations can result in a significant risk of transmission of COVID-19 and the mobile nature of the workforce in these congregate residential settings, the order was needed to prevent widespread outbreak.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Limiting the movement of staff is beyond the authority under existing governing frameworks. It would not have been timely or feasible to amend or address each individual collective agreement in the congregate care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 146/20 (Limiting Work to a Single Long-Term Care Home)

Description:

  • This emergency order temporarily limited long-term care employees from working in other long-term care homes, retirement homes and health care settings and required long-term care home licensees to ensure that employees who work in a home do not work for any other home or health service provider, including retirement homes.
  • The order came into effect on April 14, 2020, with the requirements limiting where long-term care employees can work coming into effect on April 22, 2020.

Why the emergency order was needed:

  • The order was needed to reduce the movement of employees between facilities to ensure that an employee of one long-term care home did not inadvertently transmit COVID-19 to individuals in other long-term care homes or health care settings where that employee also worked.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. The use of an emergency order ensured a rapid, province-wide response to COVID-19 outbreaks in long-term care homes. There was no other statutory provision that provided authority for this type of action and other statutory amendments would have taken significant time which was not feasible given the urgency associated with COVID-19 outbreaks in long-term care homes. Nor would it have been timely or feasible to amend or address each individual collective agreement in the long-term care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

O. Reg. 158/20 (Limiting Work to a Single Retirement Home)

Description:

  • This emergency order temporarily limited retirement home employees from working in other retirement homes, long-term care homes and health care settings and required retirement home licensees to ensure that employees who work in a home do not work for any other home or health service provider, including long-term care homes.
  • The order came into effect on April 16, 2020, with the requirements limiting where retirement home staff can work coming into effect on April 22, 2020.

Why the emergency order was needed:

  • The order was needed to reduce the movement of employees between facilities to ensure that an employee of one retirement home did not inadvertently transmit COVID-19 to individuals in other retirement homes or healthcare settings where that employee may have also worked.
  • The order was a reasonable measure relative to others because it provided the timeliest response and most consistent approach. Limiting the movement of staff between homes is beyond the scope of the Chief Medical Officer of Health’s authority under the Health Protection and Promotion Act. Any statutory amendments would have taken significant time, which was not feasible given the urgency associated with COVID-19 outbreaks in retirement homes. Nor would it have been timely or feasible to amend or address each individual collective agreement in the long-term care sector to reflect the temporary measures needed to respond to the pandemic.

Amendments:

  • The emergency order was amended on July 15, 2020, to make technical changes to the language. The amendment did not change the substance of the order.

Revocation/continuation under ROA:

  • The emergency order remained in place for the duration of the declared provincial emergency because the circumstances that required its creation remained.
  • The order was continued under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.