Identify the team that will be operating the business operations (if not the whole workforce), the location from which operations will be undertaken, hours of operation, what will happen during hours the business is not open and how your business will handle partial closures of certain aspects of operations or closures in other jurisdictions (to the extent a portion of your operations are deemed “essential” or your operations are deemed “essential” in some but not all of the jurisdictions in which it operates). 3. [26] Government of Québec, “Coronavirus disease (COVID-19) in Québec”), Government of Québec, available: Despite this, health professionals can offer or provide non-essential health services at a place of business only if the services are deemed urgent by the health professional providing the service [s 7 - 8, Alberta Order]. [9] For a closer look at lessons learned from SARS and SARS-related litigation, please see our previous Osler Update, available here. Prince Edward Island has also published a list of essential and non-essential businesses (available here) but has not mandated the closure of all non-essential businesses. Businesses that hold a licence under the Liquor Control Act whose primary purpose is the consumption of beer, wine or spirts and that do not otherwise qualify for an exception under the order must close as well.[50]. [53] EMCPA, supra note 2 at section 7.02(4). The order only halts evictions for not paying rent. Notwithstanding the reconsideration of the categories, certain businesses may  fall within the  “essential” designation and be permitted to operate even if the previously overarching category is no longer included. The order in Ontario – made on March 23, about a week after Premier Doug Ford declared a state of emergency in the province – will come into effect on Tuesday, March 24 at 11:59 p.m. and will remain in place for at least two weeks. [4] Businesses not exempt by the Amending Ontario Order must close effective Saturday April 4, 2020 at 11:59 p.m. for a 14-day period. [48] Further, the Manitoba Order permits the operations or the delivery of services by the government of Canada, the government of Manitoba, any municipality and any person or publicly funded agency, organization or authority that delivers or supports government operations and services including health care operations and services. Under Order 07-2020, such non-essential places of business include any place of business offering or providing non-essential health services[33], personal services[34], wellness services (including but not limited to massage therapy services), and any retail stores or business offering providing only non-essential goods or services.[35]. [23] Ontario Regulation, supra note 3 at section 1(5). EXECUTIVE ORDER 10998 allows the government to seize all means of transportation, including personal cars, trucks or vehicles of any kind and total control over all highways, seaports, and waterways. 3/18 During this current epidemic, the City of Ontario will be suspending Utility shut-offs, penalties and late-fees. Outdated browsers lack safety features that keep your information secure, and they can also be slow. [26] Subsequently, the government of Québec has announced that the closing of all “non-essential” stores and services will be ordered as of March 25, 2020 until April 13, 2020. On March 17, 2020, Alberta declared a State of Emergency. [32] Government of Alberta, Chief Medical Officer of Health Order 07-2020 issued pursuant to the Public Health Act, section 29(2.1), available here: On March 17, 2020, the government of Ontario made an order[1] declaring an emergency under section 7.0.1(1) of the Emergency Management and Civil Protection Act[2] (the “EMCPA”) in response to COVID-19, allowing the government to exercise sweeping powers to respond to the emergency. Please see section 29 and 30 of Schedule 2 to the Amending Ontario Order for full details. The Ontario Order does not preclude the provision of work and services by non-essential businesses, provided that such provision is made either online, by telephone or other remote means or by mail, delivery or making goods available for pick-up. The Manitoba order also addresses health professionals under section 5, stating that a person who is a member of the College of Physicians and Surgeons of Manitoba, the College of Registered Nurses of Manitoba, the College of Licensed Practical Nurses of Manitoba or the College of Midwives of Manitoba may “practise their profession without restriction”. [Manitoba Order]. [49], On March 23, 2020, the Chief Medical Officer of Health of Newfoundland & Labrador issued a Special Measures Order pursuant to section 28 of the Public Health Protection and Promotion Act. [7] Therefore, it is important for employers to understand that despite the declaration of a state of emergency and issuance of orders under the EMCPA in Ontario, the statutory duty to take every reasonable precaution to protect their workers remains paramount. If restrictions on travel are implemented within or between Canadian provinces, there will be additional considerations for businesses that are determined to be “essential” and remain open in accordance with applicable laws in such jurisdiction. Accéder aux paramètres de votre navigateur. [46] The Schedule lists businesses organized under the following categories: However, temporary access to a closed place of business that is not listed in the Schedule is authorized, unless otherwise prohibited by an applicable law, for any of the following purposes: The Manitoba Order explicitly does not prevent a business not listed in the Schedule from operating remotely without attending at the place of the business for the purpose of providing goods by delivery or making goods available for pick-up; or providing services online, by telephone or other remote means. A business that is not listed in the schedule to the Manitoba Order (the “Schedule”, available here) must close effective April 1, 2020 until April 14, 2020. To assist your employees with attending at your business premises, provide them with a letter from the organization and ensure they have proper credentials to confirm to property managers or authorities that it is appropriate to allow them to have access to and operate in the premises. Contact us if you need an official, legal copy.