O. Reg. 293/21: PERSONS ENTERING ONTARIO FROM MANITOBA OR QUEBEC, Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9
Emergency Management and Civil Protection Act
PERSONS ENTERING ONTARIO FROM MANITOBA OR QUEBEC
Note: This Order was revoked on June 16, 2021. (See: O. Reg. 25/21, Sched. 1, s. 1)
Last amendment: 307/21.
Legislative History: 307/21.
This is the English version of a bilingual regulation.
Terms of Order
1. The terms of this Order are set out in Schedule 1.
Application
2. This Order applies,
(a) as of 12:01 a.m. Central Time on April 19, 2021 in the Central Time Zone of Ontario; and
(b) as of 12:01 a.m. Eastern Time on April 19, 2021 in the Eastern Time Zone of Ontario.
Schedule 1
Persons Entering Ontario from manitoba OR QUEBEC
Application and interpretation
1. (1) This Order applies to travel into Ontario from Manitoba or Quebec.
(2) In this Order,
“enforcement official” means,
(a) a police officer within the meaning of the Police Services Act,
(b) a special constable appointed under the Police Services Act,
(c) a First Nations Constable appointed under the Police Services Act,
(d) an officer appointed for carrying out the provisions of the Highway Traffic Act,
(e) a conservation officer appointed under the Fish and Wildlife Conservation Act, 1997, or
(f) a person or class of persons designated by the Solicitor General for the purposes of this Order; (“agent d’application des lois”)
“post-secondary institution” means,
(a) a university,
(b) a college of applied arts and technology,
(c) a private career college,
(d) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017,
(e) an institution that is authorized to grant a degree by an act of the Legislature,
(f) a person who is delivering in-person teaching or instruction in accordance with a consent given under section 4 of the Post-secondary Education Choice and Excellence Act, 2000,
(g) a person approved to provide training for apprenticeship programs under paragraph 5 of section 64 of the Ontario College of Trades and Apprenticeship Act, 2009, or
(h) any other institution that is a designated learning institution within the meaning of section 211.1 of the Immigration and Refugee Protection Regulations (Canada), other than a school or private school within the meaning of the Education Act. (“établissement postsecondaire”)
Certain travel into Ontario from Manitoba and Quebec prohibited
2. No person shall travel into Ontario from Manitoba or Quebec unless,
(a) the person’s principal residence is in Ontario;
(b) the person is moving to Ontario in order to make their principal residence in Ontario;
(c) the person is travelling through Ontario without unnecessary stops to reach their principal residence in another jurisdiction;
(d) the person is travelling into or through Ontario by means of an international or interprovincial bus, train, ferry, or flight;
(e) the person is travelling to,
(i) perform work in Ontario,
(ii) attend a school or a post-secondary institution in Ontario,
(iii) transport a student to a school or a post-secondary institution in Ontario, or
(iv) pick up a student of a school or a post-secondary institution in Ontario;
(f) the person is transporting goods into or through Ontario as part of the operation of a business that involves the transportation of goods;
(g) the person’s health makes it necessary to travel into Ontario to obtain health care or social services;
(h) the person is travelling in a vehicle that is transporting or that will transport a person in Ontario to or from a hospital or health care facility in Manitoba or Quebec;
(i) the person is being transported from a hospital or health care facility in Manitoba or Quebec, whether by ambulance or by any other means;
(j) the person is,
(i) in the care of a children’s aid society in Ontario pursuant to a court order or a written agreement,
(ii) in the care of a person subject to the supervision of a children’s aid society in Ontario pursuant to a court order or a written agreement, or
(iii) at least 16 years old and receiving care, services or support in accordance with an agreement with a children’s aid society in Ontario made pursuant to section 77 or 124 of the Child, Youth and Family Services Act, 2017;
(k) the person must enter Ontario to exercise custody or access rights contained in an agreement;
(l) the person must enter Ontario to comply with an order contained in a decision or judgment of a court or tribunal, or as otherwise required by law;
(m) the person is travelling into Ontario for the purpose of exercising an Aboriginal or treaty right as recognized and affirmed by section 35 of the Constitution Act, 1982;
(n) the person is travelling into Ontario to respond to a critical incident, including travel for the purpose of,
(i) preventing injury or illness to persons,
(ii) preventing damage to property, or
(iii) performing a necessary action to respond to the critical incident;
(o) the travel is necessary for a humanitarian or compassionate reason, such as,
(i) providing care or services to a person who requires them due to their state of health,
(ii) attending on a person who is dying, or
(iii) attending a funeral;
(p) the person,
(i) is a child who is younger than 13 years old,
(ii) is being transported to a child care provider within the meaning of the Child Care and Early Years Act, 2014 in Ontario, and
(iii) is registered to receive child care within the meaning of the Child Care and Early Years Act, 2014 in Ontario; or
(q) the person is transporting a child referred to in subclause (p) (i) to a child care provider within the meaning of the Child Care and Early Years Act, 2014 in Ontario or is picking them up from such a child care provider.
Enforcement official powers
3. (1) Every person entering Ontario from Manitoba or Quebec at any point along the border shall stop when instructed to do so by an enforcement official.
(2) The person entering Ontario shall provide any available identification or documentation requested by the enforcement official and answer any questions asked by the enforcement official to determine whether the person is complying with section 2.
(3) An enforcement official may direct a person to return to Manitoba or Quebec, as applicable, if the enforcement official reasonably believes that the person is contravening section 2.
(4) A person who is directed to return to Manitoba or Quebec under subsection (3) shall promptly comply with the direction of the enforcement official.
O. Reg. 293/21, Sched. 1; O. Reg. 307/21, s. 1.