In addition to the new stay-at-home order, Ontario has taken steps to enhance its ability to enforce COVID-19-related measures and restrictions and has increased workplace inspections. Broadly, Ontarians can be required to provide their personal information, leave a gathering, or temporarily close their premises (e.g. a workplace) in certain circumstances.
In particular, on January 12, 2021, Ontario enacted a regulation to implement new enforcement measures and launched a workplace education and enforcement campaign to ensure compliance with a suite of new COVID-19-related restrictions it announced earlier that day. The new measures and campaign accompany the province’s declaration of emergency and stay-at-home order (for further details, see our blog on the measures announced on January 12, 2021 and our blog on the stay-at-home order).
New Enforcement Measures
To implement the new enforcement measures, the province enacted Regulation 8/21: Enforcement of COVID-19 Measures (“Regulation”) under the Emergency Management and Civil Protection Act [EMCPA].
The Regulation empowers police officers and other provincial offences officers (including constables, municipal law enforcement officers, by-law enforcement officers, and officers, employees, or agents of any municipality or local municipal board) (collectively “Officers”) to require an individual to “promptly” provide the Officer with their correct name, date of birth, and address, where the Officer has “reasonable and probable grounds” to believe that they have committed an offence under the EMCPA. Such offences include violating an emergency order issued under the EMPCA, such as the stay-at-home order, or interfering with or obstructing any person who is enforcing an emergency order.
An Officer may also order that premises be temporarily closed where the officer has “reasonable grounds” to believe that an organized public event or other gathering is occurring at the premises and the number of people in attendance exceeds the number permitted under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 [ROA].Where such an order is made, individuals are required to promptly vacate the premises after being informed of the order, and must not re-enter the premises on the same day of the temporary closure unless authorized to do so by an Officer.
Finally, an Officer may also order an individual attending an organized public event or other gathering that is prohibited under the ROA to “promptly” cease attending the event or gathering and disperse.
Non-compliance with public health requirements may result in the following penalties under the ROA and/or EMCPA:
- individuals may be fined between $750 and $100,000, and/or imprisoned for up to one year;
- directors or officers of corporations may be fined between $750 and $500,000, and/or be imprisoned for up to one year; and
- corporations may be fined between $1000 and $10,000,000.
Workplace Education and Enforcement Campaign
The Ministry of Labour has launched its “Stay Safe All Day” campaign to ensure that employers are aware of and following health and safety requirements related to COVID-19.
As part of the campaign, workplace inspections will be conducted in areas of high transmission, workplaces with reported outbreaks, and workplaces in certain industries. During inspections, employers will be provided with new educational materials to promote safe behaviour at work.
On January 14, 2021, Ontario followed up on the campaign’s launch and announced that beginning on January 16, 2021, officers will embark on a “blitz” of workplace inspections of big box retail stores in Toronto, Hamilton, Peel, York, and Durham. Workplaces found to be noncompliant may be subject to the enforcement measures and penalties outlined above.
Takeaways for Employers
In light of the enhanced enforcement powers and blitz of workplace inspections discussed above, it is more important than ever for employers to ensure that their workplaces are operating in compliance with all applicable public health requirements under the ROA and the EMCPA, as well as any additional requirements issued by local health authorities. Employers that fail to do so will not only endanger their employees, they may also lose legitimacy in the eyes of their workers and face potentially severe penalties.
Details regarding other measures announced by the province are still forthcoming. We will continue monitoring the progression of these measures and post further updates as they become available.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.