O. Reg. 8/21: ENFORCEMENT OF COVID-19 MEASURES

Emergency Management and Civil Protection Act

ONTARIO REGULATION 8/21

ENFORCEMENT OF COVID-19 MEASURES

Historical version for the period April 17, 2021 to June 1, 2021.

Note: This Order is revoked on June 16, 2021, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 25/21, Sched. 1, s. 1)

Last amendment: 298/21.

Legislative History: 41/21, 294/21, 298/21.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedule 1.

Schedule 1

Definition

1. In this Order,

“health unit” means a health unit as defined in the Health Protection and Promotion Act; (“circonscription sanitaire”)

“provincial offences officer” has the same meaning as in subsection 1 (1) of the Provincial Offences Act. (“agent des infractions provinciales”)

Requirement to identify

2. (1) A police officer or other provincial offences officer may require an individual to provide the officer with the individual’s correct name, date of birth and address if the officer has reasonable and probable grounds to believe that the individual has committed,

(a)  an offence under section 7.0.11 of the Act; or

(b)  an offence under subsection 100 (1) of the Health Protection and Promotion Act for failing to comply with an order made in respect of COVID-19 under section 22 of that Act.

(2) Every individual who is required under subsection (1) to provide a police officer or other provincial offences officer with their correct name, date of birth and address shall promptly comply.

Requirement to provide information

2.1 (1) Where a police officer or other provincial offences officer has reason to suspect that an individual may be participating in a gathering that is prohibited by clause 1 (1) (c) of Schedule 4 of Ontario Regulation 82/20 (Rules for Areas in Stage 1) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, and believes that it would be in the public interest to determine whether the individual is in compliance with that clause, the officer may require the individual to provide information for the purpose of determining whether they are in compliance with that clause.

(2) Every individual who is required under subsection (1) to provide a police officer or other provincial offences officer with information described in that subsection shall promptly comply.

(3) The power described in subsection (1) may only be exercised in a health unit to which Ontario Regulation 265/21 (Stay-at-Home Order) made under the Act applies.

Temporary closure

3. (1) A police officer or other provincial offences officer may order that premises be temporarily closed if they have reasonable grounds to believe that an organized public event or other gathering is occurring at the premises and that the number of people in attendance exceeds the number permitted under the Reopening Ontario (A Flexible Response to Covid-19) Act, 2020.

(2) Every individual who is on the premises shall comply with the order to temporarily close the premises by promptly vacating the premises after being informed of the order.

(3) No individual shall re-enter the premises on the same day that the premises were temporarily closed under subsection (1) unless a police officer or other provincial offences officer authorizes the re-entry.

(4) Subsections (2) and (3) do not apply to individuals residing in the premises.

Order to cease attendance or disperse

4. (1) A police officer or other provincial offences officer may order an individual attending an organized public event or other gathering that is prohibited under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 to cease attending the organized public event or gathering, as applicable, and may order individuals at the organized public event or gathering to disperse.

(2) Every individual who is ordered to cease attending an organized public event or other gathering or to disperse under subsection (1) shall promptly comply.

O. Reg. 8/21, Sched. 1; O. Reg. 41/21, s. 1; O. Reg. 294/21, s. 1; O. Reg. 298/21, s. 1.