The Reopening Ontario Act (ROA) can ONLY be invoked in a declared state of emergency. Below is the breakdown of how the Emergency Management and Civil Protection Act (EMCPA) and the ROA intersect.
Let's first look at the definitions in the ROA to set the stage:
1 In this Act,
“continued section 7.0.2 order” means an order continued under section 2 that was made under section 7.0.2 of the Emergency Management and Civil Protection Act; (“décret pris en vertu de l’article 7.0.2 et maintenu”)
“COVID-19 declared emergency” means the emergency declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act. (“situation d’urgence déclarée en raison de la COVID-19”)
Now, let's look at the orders within the ROA to validate invoking the Act:
2 (1) The orders made under section 7.0.2 or 7.1 of the Emergency Management and Civil Protection Act that have not been revoked as of the day this subsection comes into force are continued as valid and effective orders under this Act and cease to be orders under the Emergency Management and Civil Protection Act."
What does section 7.0.2 of the EMCPA state?
"Declaration of emergency
Emergency powers and orders
7.0.2 (1) The purpose of making orders under this section is to promote the public good by protecting the health, safety and welfare of the people of Ontario in times of declared emergencies in a manner that is subject to the Canadian Charter of Rights and Freedoms. 2006, c. 13, s. 1 (4).
What does section 7.1 of the EMCPA state?
"Declaration of emergency
7.0.1 (1) Subject to subsection (3), the Lieutenant Governor in Council or the Premier, if in the Premier’s opinion the urgency of the situation requires that an order be made immediately, may by order declare that an emergency exists throughout Ontario or in any part of Ontario. 2006, c. 13, s. 1 (4)."
Now what the provincial government did to resolve the lack of emergency, they created a bill, 197, to give them "powers" to create a bill. They can create one, however, they still need a reason to enforce it. What was the solution, it was to use the Health Promotion and Protection Act, Section 22.
What we have uncovered, Public Health are considered Peace Officers. Why is this important? Because peace officers are included in the Criminal Code of Canada. And what does this mean? It means that they fall under the Bill of Rights, just like police officers and therefore CANNOT violate our rights in order to enforce the ROA.
WE ARE NOT HELPLESS... WE HAVE RIGHTS... WE MUST LEARN THEM AND EXERCISE THEM.
Watch Rocco Galati's interpretation of the Act HERE.
Here are the links to the Acts:
Health Promotion and Protection Act:
Criminal Code of Canada - Public Health: