Minister’s message

The Ontario government remains firmly committed to protecting the province's international border and ensuring the smooth flow of goods and services. A strong, secure border is critical to public safety and to protecting our jobs, businesses, and families across the province. That’s why, in 2022, our government took action to prevent and respond to illegal border blockades that pose a direct threat to our economy.

The Keeping Ontario Open for Business Act, 2022, is a fundamental tool for effectively deterring and minimizing disruptions and helping supply chains stay open. It enables police services to act quickly, when necessary, to ensure our economy remains resilient and secure.

I want to express my sincere appreciation to everyone who participated in the legislative review of the Keeping Ontario Open for Business Act, 2022. Hearing directly from police services, transportation and labour partners, as well as the public about the effectiveness of the Act was one of the priorities for this review. Your perspectives were instrumental in making sure this Act continues to do what it was meant to – protect our trade corridors and keep Ontario open for business. 

Together, we will continue to protect international border crossings that are critical to Ontario’s economy and international trade.

Executive summary

The Keeping Ontario Open for Business Act, 2022 (KOOBA, the Act), was introduced and passed by the Ontario legislature in response to events unfolding in early 2022, including the significant economic disruptions caused by a six-day blockade of the Ambassador Bridge in Windsor.

In force as of April 14, 2022, KOOBA provides tools to respond to impediments disrupting ordinary economic activity or interfering with the safety, health or well-being of members of the public at protected transportation infrastructure. In circumstances where protected transportation infrastructure is impeded, the Act provides police officers with enforcement powers, including the ability to immediately impose roadside suspension of drivers’ licences, seize licence plates when a vehicle is used to impede protected transportation infrastructure, remove, and store objects impeding the protected transportation infrastructure, as well as lay charges.

The Act requires the Solicitor General (the minister) to conduct a review of the first 12 months of the application of the Act after it came into force, prepare a written report, publish it online, and table it in the Legislative Assembly. This report fulfills the legislated review of the Act.

This report summarizes the feedback from our engagements. Discussions happened in a number of key areas of focus, including the impact on impediments that restrict, prevent, and deter disruptions, police officer powers and enforcement activity.

Based on the input received through engagement, it is concluded that, to date, KOOBA is an important part of the province’s tools to prevent impeding of protected transportation infrastructure, particularly through its deterrent effect.

Summary of key findings

  1. Effective prohibition on impediments:
    • The prohibitions on impediments to protected transportation infrastructure have given police services additional tools to effectively prevent disruptions to protected transportation infrastructure, ensuring the continued movement of goods and people between Ontario and the U.S.
  2. Minimizing economic disruptions and investor confidence:
    • Potential border blockages that could result in economic disruptions have been effectively deterred or minimized by police services through public communication about the Act.
  3. Use of police officer powers and enforcement as a deterrent to unlawful activity:
    • Police services have actively been using KOOBA’s enforcement powers as a deterrent through their respective police liaison, public education and engagement work, with no known direct actions taken using the Act’s authority.
  4. Use of vehicle-specific powers and the registrar of motor vehicles as a deterrent focused on use of commercial vehicles:
    • The Registrar of Motor Vehicles has not utilized their powers under KOOBA to suspend or cancel a portion of a Commercial Vehicle Operator Registrations (CVORs) or issue vehicle-related penalties. Similarly, as far as it could be ascertained police services have not used any of the vehicle-specific powers under KOOBA.
  5. No negative impacts identified:
    • No unanticipated or anticipated negative impacts of the Act have been identified.
    • Although stakeholders identified potential unanticipated negative impacts on labour and protest activity during the review of the bill by Standing Committee, there is no known indication that the Act has infringed on the ability of workers to strike or engage in labour action or has significantly impacted any protest activity.
    • No known complaints have been received from community groups or Indigenous communities regarding potential infringements on protest rights.

Introduction

The Keeping Ontario Open for Business Act, 2022 (herein referred to as KOOBA or the Act), was tabled in the Ontario legislature on March 21, 2022, in response to events unfolding in the early months of that year, including the significant economic disruptions caused by a six-day blockade of the Ambassador Bridge in Windsor. Enforcement tools such as the Emergency Management and Civil Protection Act (EMCPA), the Highway Traffic Act (HTA), and the Criminal Code were used to address a variety of different incidents across the province, including in Ottawa. Private Injunctions pursuant to the Municipal Act, 2001 (s. 440) were also obtained in certain parts of Windsor and Ottawa.

KOOBA received Royal Assent and came into force on April 14, 2022. The intent of the Act was to better enable the province to effectively respond to future disruptions to transportation infrastructure critical in supporting international trade without declaring an emergency as well as to prevent economic disruption and maintain investor confidence in Ontario.

Legislative framework

The Act makes it illegal to impede or assist someone to impede protected transportation infrastructure (as defined in the Act, see below), if the impediment has, or is reasonably expected to have, the effect of “disrupting ordinary economic activity or interfering with the safety, health or well-being of members of the public”.

Protected transportation infrastructure is defined to mean (1) international border crossing points between Ontario and the United States, (2) any prescribed airport (i.e., an airport listed in regulation) that regularly accommodates flights directly between Ontario and a country other than Canada, and (3) any other prescribed transportation infrastructure (i.e., transportation infrastructure listed in regulation) that is of significance to international trade. No regulations have been made under the Act; thus, no international airports or other transportation infrastructure have been prescribed to date.

The Act provides police officers with additional enforcement powers to address impediments to protected transportation infrastructure. This includes the ability to direct people who they reasonably believe are obstructing protected transportation infrastructure to stop, disperse, or remove objects they are using to cause an obstruction. The Act also grants police officers the power to remove, maintain possession of and store objects used to impede access to protected transportation infrastructure, including vehicles, for 30 days. Police officers can also impose roadside suspension of drivers’ licences and vehicle permits or seize licence plates for 14 days if a vehicle is used to impede access to protected transportation infrastructure.

Commercial Vehicle Operator Registration

Additional powers are given to the Registrar of Motor Vehicles to suspend or cancel the plate portion of a commercial motor vehicle or trailer permit or a CVOR certificate. Commercial motor vehicles as defined in the Highway Traffic Act, include trucks, buses, and commercial trailers.

About the Review

The Act requires the minister to conduct a review of the first 12 months of the application of the Act, after it comes into force. The minister is also required to prepare a written report, publish it online, and table it in the Legislative Assembly no later than 18 months after the Act comes into force. For the purposes of this report, the review period is expanded beyond the 12 months following the Act coming into force as required and includes information up to March 28, 2025.

Approach

This report was informed by input received from engagement with stakeholders and partners (external and internal to government) in October and November 2024. Input was also solicited via the Ontario Regulatory Registry for 45 days between October 15 and November 28, 2024.

Engagement focused on those partners who play a critical role in economic planning, transportation sector oversight and management, as well as enforcement and those with jurisdiction over international border crossings between Ontario and the U.S.

Key findings

The engagements resulted in several key findings under the following themes:

  1. The Act’s prohibition on impediments
  2. Economic disruptions and investor confidence
  3. Police officer powers and enforcement
  4. Vehicle-specific officer powers and the Registrar of Motor Vehicles
  5. Potential negative impacts

An overarching theme throughout the engagement was the unique circumstances which led to the development of KOOBA in 2022 have not been replicated since. Some key respondents who are aware of and use the Act suggested that KOOBA has been one contributing factor in deterring unlawful impediments or blockades that cause disruptions to transportation infrastructure critical to supporting international trade.

Prohibition on Impediments

A cornerstone provision of KOOBA is the prohibition on impediments to protected transportation infrastructure, as defined in the Act. Protected transportation infrastructure is defined to mean (1) international border crossing points between Ontario and the United States, (2) any prescribed airport that regularly accommodates flights directly between Ontario and a country other than Canada, and (3) any other prescribed transportation infrastructure that is of significance to international trade. Since no regulations have been made under the Act to date; the prohibition on impediments only applies to international border crossings between Ontario and the United States.

These include:

  • Baudette – Rainy River International Bridge, Rainy River
  • Fort Frances–International Falls International Bridge, Fort Frances
  • Pigeon River Crossing, Thunder Bay
  • Sault Ste. Marie International Bridge, Sault Ste. Marie
  • Blue Water Bridge, Sarnia
  • Ambassador Bridge, Windsor
  • Detroit-Windsor Tunnel, Windsor
  • Gordie Howe International Bridge (under construction), Windsor
  • Peace Bridge, Fort Erie
  • Rainbow Bridge, Niagara Falls
  • Lewiston-Queenston Bridge, Queenston
  • Whirlpool Rapids Bridge, Niagara Falls
  • Thousand Islands Bridge, Ivy Lea
  • Ogdensburg-Prescott International Bridge, Prescott
  • Seaway International Bridge, Three Nations Crossing (North and South Channel Bridges), Cornwall
  • Horne’s Ferry, Kingston

The prohibitions on impediments under the Act have created the tools necessary for police services to effectively prevent blockades at border crossings that cause disruptions to economic activity, ensuring continued movement of goods and people between Ontario and the U.S.

Economic disruptions and investor confidence

We heard from police services that large scale gatherings have increasingly targeted transportation infrastructure due to its visibility and potential economic significance, making disruptions highly impactful.

For example, workers in various sectors around border crossings, like the Ambassador Bridge, may use the area for labour related action such as strikes and picketing. These actions often involve gathering near entrances to businesses, logistical hubs, industrial zones or around transportation routes leading to the bridge, or at access points to the bridge itself. Police services report that they frequently work proactively with individuals and groups to facilitate lawful, peaceful and safe demonstration activities (including protests, rallies, vigils, and labour action) while deterring unlawful, unpeaceful or unsafe behaviour. In doing so, a careful balance is achieved between maintaining public order and safety, upholding Charter rights (e.g., assembly) while minimizing potential disruptions to economic activity at sensitive border crossings between Ontario and the U.S.

Police officer powers and enforcement

The primary focus of the Act is the enforcement powers available to police officers to address impediments to protected transportation infrastructure, as defined under the Act. Participants from some areas noted that KOOBA was less relevant in their jurisdiction because no relevant infrastructure has been prescribed, for example international airports. Other policing participants highlighted that the size and frequency of protest activity in their jurisdiction did not typically cause impediments to protected transportation infrastructure and so did not warrant the use of KOOBA.

The potential utility of the Act was noted, should circumstances like the 2022 blockades re-occur. However, we heard from police that the powers under the Act have not been used to date beyond being communicated with the hopes of having a deterrent effect.

Feedback from review participants included how KOOBA has become a critical tool for police liaison and engagement with the public if an event could potentially cause impediments to protected transportation infrastructure. A municipal police service with jurisdiction over key international crossings has actively used the Act for deterrence and event management but has not employed its enforcement powers. Instead of relying on the enforcement provisions, police services use public education, communication and engagement to emphasize the legal consequences of non-compliance with the Act.

We heard consistently that KOOBA’s deterrent effect is largely driven by emphasizing the serious consequences of non-compliance through various educational and communication tools, including through social media. This includes financial penalties, asset seizure, arrest powers and vehicle-specific police powers. Further, it enables police enforcement action in relation to the surrounding infrastructure such as roadways and residential streets leading toward border crossings if that is where the impeding access to the border crossing is occurring.

However, when enforcement action is necessary, police services reported that the Criminal Code and injunctions are often prioritized over KOOBA. The observed preference for pre-existing tools like the Criminal Code and injunctions suggests that KOOBA is seen as a supplementary tool rather than a primary enforcement mechanism.

Overall, while the enforcement powers under the Act have not been actively employed to date, its role as a deterrent and potential tool for ensuring public order remains widely supported by police services, particularly when immediate police action is required.

Vehicle-specific police powers and the Registrar of Motor Vehicles

The Registrar of Motor Vehicles (the Registrar) is given powers to address impediments as set out under the Act. The Act allows the Registrar to suspend or cancel CVOR certificates and plate permits for commercial motor vehicles and trailers. It also allows police officers and transportation enforcement officers appointed under section 223 of the HTA to seize number plates from vehicles once the Registrar has ordered the suspension or cancellation of the permit.

Engagement confirmed that no vehicle-specific powers have been used to date, especially the Registrar’s power to suspend CVORs. It was noted that commercial vehicles impeding protected transportation infrastructure, captured within the scope of KOOBA, have not been repeated since 2022.

Despite the lack of use to date, police services view these powers as crucial for managing protests, particularly those that involve vehicles blocking protected transportation infrastructure. The immediate suspension or cancellation of CVORs under KOOBA could effectively remove impediments to protected transportation infrastructure, an advantage not provided under the HTA which requires a lengthier approach.

KOOBA’s vehicle-specific powers allow for the immediate suspension or cancellation of CVOR certificates and plate permits for those violating the Act or owners or operators of commercial motor vehicle trailers being used in contravention of the Act, even if that person is not, themselves, violating the Act. Such actions can significantly disrupt businesses, particularly small businesses reliant on the CVOR for operations. The financial strain caused by the inability to operate commercial vehicles along with potential job layoffs or business closures highlights the material consequences of using KOOBA’s vehicle-related enforcement powers.

We heard that police services emphasize the material consequences of non-compliance in their public engagement strategies, an approach that has proven to be the most effective method for deterring illegal obstructing of protected transportation infrastructure. Both the deterrence and enforcement effects were noted, particularly if protesters are resistant to arrest or are entrenched in their positions. However, the potential for significant economic impact on businesses reliant on commercial transportation (especially small operators) due to CVOR suspension remains a concern.

While the powers under KOOBA have yet to be utilized, overall their deterrent effect has been recognized as critical for managing and preventing significant disruptions to transportation infrastructure and, by extension, the economy.

Potential negative impacts

No unanticipated negative implications of the Act were identified through engagement.

Some concerns were raised by labour stakeholders during the Standing Committee review of the bill about potential negative impacts on labour action. However, since the Act came into force in April 2022 and over the period of the review, labour groups, unions, and the broader business community have not raised further concerns or suggested that the Act has impacted labour actions near or at border crossings. Furthermore, no known precedent has yet emerged to suggest that the Act has impacted protest activity, including Indigenous communities’ right to protest, or any person’s right to assembly around protected transportation infrastructure.

Police stakeholders noted their strong relationships with local labour groups, enabling effective proactive public engagement and liaison efforts to minimize disruptions when there is labour action or protest activity.

While, no unanticipated negative implications of the Act were identified through the engagement, some labour participants cautioned that potential issues may arise if the Act is amended to include broader provincial infrastructure to which the Act will apply. This may affect more provincially-regulated sectors, where concerns about impacts on workers’ rights could emerge which may resurface potential negative impacts on labour action.

Conclusion

Border security is a key priority for the province and in recent months has found increasing focus and attention.

Based on what we heard, the Act has proven effective in ensuring protected transportation infrastructure, namely, international border crossings, such as the Ambassador Bridge, are not impeded. The core provision of KOOBA, which prohibits impeding or assisting in the impeding of such infrastructure, has allowed police services to proactively prevent disruptions. Effective, proactive engagement has helped ensure the continued movement of goods and people, maintaining the flow of Ontario's economic activity. There has been no known need for reactive police enforcement up to this point.

The potential for economic disruption has been minimized since KOOBA’s implementation, as police services with jurisdiction over border crossings have been playing a key role in preventing impediment to vital trade routes. Their strategic use of public education and communication regarding KOOBA’s enforcement powers has served as an effective deterrent, helping to maintain investor confidence in Ontario.

With respect to the potential for negative impacts, including in relation to labour and protest activities, the enforcement powers under the Act have not been utilized and there is no known evidence suggesting it has interfered with labour action. Similarly, political protests and Indigenous demonstrations targeting high-visibility infrastructure have not raised any known concerns from stakeholders and no known complaints have been received from Indigenous communities about potential rights infringements.

The police enforcement powers enabled under KOOBA, including the authority to disperse groups and seize vehicles for obstructing protected transportation infrastructure, have been widely supported by police services. While no direct actions using these powers have been taken, the emphasis on deterrence through public education and engagement has proven effective in minimizing disruptions, particularly in high-traffic areas like Windsor, where international trade is crucial.

Additionally, while the vehicle-specific powers under KOOBA have not been utilized, the severity of the consequences for non-compliance has also acted as a deterrent, particularly for commercial vehicles potentially participating in blockades.

Finally, ongoing monitoring of the business and transportation sector may be needed to understand and mitigate any unintended impacts.

The ministry will continue to engage collaboratively across government, with Indigenous representatives, and sector stakeholders, if any expansion or future changes to the Act or development of regulations are considered.