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O. Reg. 141/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - TEMPORARY HEALTH OR RESIDENTIAL FACILITIES

under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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Versions
current July 15, 2020 (e-Laws currency date)
April 9, 2020 July 14, 2020

Emergency Management and Civil Protection Act

ONTARIO REGULATION 141/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - TEMPORARY HEALTH OR RESIDENTIAL FACILITIES

Historical version for the period April 9, 2020 to July 14, 2020.

Note: This Order is revoked on July 22, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

No amendments.

This is the English version of a bilingual regulation.

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

And Whereas in light of the impacts of the coronavirus (COVID 19), Ontario hospitals are experiencing severe space shortages and it is anticipated that there will be even further need to open up space and beds in hospitals in anticipation of a continued surge of patients who have the coronavirus (COVID-19);

And Whereas there is an urgent necessity to increase capacity and address pressures on the hospital system resulting from the coronavirus (COVID-19) pandemic, including supporting hospitals to find alternative accommodation or care for patients;

And Whereas a need has been identified to support municipalities to find alternative sleeping accommodations for individuals as part of the response to the coronavirus (COVID-19), including to help maintain physical distancing;

And Whereas it is necessary to address certain legislative provisions that are impeding the ability to quickly establish facilities for the care, welfare, safety and shelter of individuals, including emergency shelters and hospitals;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 4, 8 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order is retroactive to March 17, 2020;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

Schedule 1

Interpretation

1. In this Order,

“construction” means doing anything in the erection, installation, extension or material alteration or repair of a building or structure and includes the installation of a building unit fabricated or moved from elsewhere;

“proponent” means a person or entity described in clause (a) or (b) of the definition of “temporary health or residential facility”;

“temporary health or residential facility” means a building or structure that is used or intended to be used to provide, on a temporary basis for the purpose of responding to the declared emergency, health care or sleeping accommodation, by or on behalf of,

(a)  any health service provider as defined in paragraphs 1 to 5 of the definition of “health service provider” in subsection 1 (2) of the Connecting Care Act, 2019, or

(b)  any government, including, for greater certainty, a municipality.

Exemption from complying with certain laws

2. The construction of a temporary health or residential facility, the conversion of all or part of an existing building or structure to a temporary health or residential facility and the use of a temporary health or residential facility are exempt from the following requirements:

1.  Obtaining a permit under section 8 or 10 of the Building Code Act, 1992.

2.  Complying with Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992.

3.  Complying with any by-laws passed under section 34 or 38 of the Planning Act.

4.  Complying with section 41 of the Planning Act or section 114 of the City of Toronto Act, 2006.

Conditions for occupancy following construction

3. Where construction is undertaken to establish a temporary health or residential facility, before the facility or a part of the facility can be occupied the following conditions must be satisfied:

1.  An architect and a professional engineer, both of whom are licenced to practice in Ontario, have designed or taken responsibility for the design of the construction of the facility or the part of the facility and have provided the designs to the chief building official.

2.  The chief building official has provided to the proponent an attestation that the chief building official has received the designs described in paragraph 1.

3.  An architect and a professional engineer, both of whom are licenced to practice in Ontario, have,

i.  undertaken a general review of the construction of the facility or the part of the facility,

ii.  prepared written reports arising out of the general review, and

iii.  provided the reports to the chief building official.

4.  The chief building official has provided to the proponent an attestation that the chief building official has received the reports described in paragraph 3.

Same

4. Section 3 does not apply to a temporary health or residential facility or a part of the facility if the facility or the part of the facility was constructed and occupied on or before the day after April 9, 2020.

Inspections

5. A chief building official or an inspector appointed under the Building Code Act, 1992 shall, in accordance with section 6, undertake an inspection of the temporary health or residential facility pursuant to subsection 15.9 (1) of the Building Code Act, 1992 to determine whether the facility is unsafe as described in subsection 15.9 (2) of that Act.

Same

6. An inspection described in section 5 shall be undertaken on or before the following dates:

1.  The date the facility is occupied, or, where the facility is occupied in stages, the date each part of the facility is occupied.

2.  Despite paragraph 1, if the facility or part of the facility was occupied on or before April 9, 2020, the date that is two days after April 9, 2020.

3.  A date that is not later than one month after the date of the previous inspection.

Reports

7. When undertaking an inspection required under section 5, the inspector may consider reports concerning whether the temporary health or residential facility or part of the facility is unsafe as described in subsection 15.9 (2) of the Building Code Act, 1992.

Orders and actions by chief building official, etc.

8. For greater certainty, nothing in this Order derogates from the power of a chief building official or inspector appointed under the Building Code Act, 1992 to make an order or take any action under section 15.9 or 15.10 of that Act.