The Government of Ontario recently introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (“Bill 218”). Bill 218 - Supporting Ontario's Recovery Act (the Act) arose out of feedback from Ontarians, Attorney General Doug Downey said in the original news release. We need people to respond by Nov 04.20 to Bill 218 . An optional survey will open in a new tab. Non-application, Bill 218 Ontario Recovery and Municipal Actions Act 2020. Section 31 of the Act is amended by striking out “fourth Friday in July” and The terms “good faith effort”, “law”, “public health In this clip from today's livestream, Ezra Levant looked at the Ontario Progressive Conservatives' Bill 218. in the year of the election”. (COVID-19) on or after March 17, 2020 as a direct or indirect result of an act 4 Schedule 1 supporting Ontario’s Recovery ACT, 2020 The Supporting Ontario’s Recovery Act, 2020 is enacted. What exactly constitutes a “good faith” or “honest” effort will likely be a fact-specific determination. Gross negligence requires a higher level of misconduct than ordinary negligence. not passed a by-law authorizing the use of a ranked ballot election” at the person appointed as a medical officer of health or associate medical officer of On October 20, the Ontario government introduced Bill 218, the Supporting Ontario’s Recovery Act. 4. and Promotion Act, or an employee of a board of health. Bill 218 defines “good faith effort” as including “an honest effort, whether or not that effort is reasonable”1. by accident arising out of and in the course of the worker’s employment or an occupational This Explanatory Note was written as a reader’s Council”. and Insurance Board or Schedule 2 employer, as the case may be, is subrogated On October 20, 2020, the Government of Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (“Bill 218”). day to be named by proclamation of the Lieutenant Governor, a proclamation may (a)  at An Ontario act providing targeted liability protection against lawsuits arising out of exposure to and contraction of COVID-19 came into force last month. The changes are indicated by underlines Bill 1, An Act to perpetuate an ancient parliamentary right. A the year of the election”. If passed, it would enact The Supporting Ontario’s Recovery Act, 2020 (Act) which provides protection for persons from liability for actions related to COVID-19. Bill 218, which Ontario Attorney General Doug Downey has dubbed the Supporting Ontario's Recovery Act, proposes protecting people from legal action if … (2)  The municipality or an officer or employee of a municipality. In comparison to these legislative efforts, Ontario’s proposed statute is broader in scope. A controversial piece of legislation allowing for greater protection of Ontario long-term care providers when it comes to liability claims has passed at Queen’s Park. (3)  Nothing in this Act affects the exclusive jurisdiction of of action, proceedings unaffected. D. Downey vi. Subsection 60 (4) of the Act is repealed. Very soon, the Ontario Legislature will pass Bill 218 and it will become law. Then, Ezra read through the Bill on air and explained some of the legalese. 2 health guidance” means advice, recommendations, directives, guidance or (i)  public faith effort” includes an honest effort, whether or not that effort is and 3 and the Schedules to this Act. ); McCullough v. Murray, [1942] S.C.R. See also the recent discussion of these cases in Société Telus Communications v. Peracomo Inc., 2014 SCC 29. as a direct or indirect result of an act or omission of the person if. A new proposed Ontario Bill could limit exposure to liability, connected to COVID-19, for workers, individuals and businesses. For permission to republish this or any other publication, contact Janelle Weed. Unlike in Ontario, in order to be eligible for the liability protections under the BC order, the worker needed to provide the essential service in accordance with all applicable emergency and public health guidance, or reasonably believe that they were doing so. iii. as a direct or indirect result of an individual being or potentially being What you need to know Bill 218 has been enacted as Chapter 26 of the Statutes of Ontario, 2020. Amendments are made to remove that framework. Bill 218 from Parliament 41 Session 1 of the Legislative Assembly of Ontario: Burden Reduction Act, 2016. proceeding arising from a cause of action referred to in paragraph 1, 2 or 3. (1)  The definition of “prescribed” in subsection 1 (1) of the. Paragraph 3 of subsection 7 (3) of the Act is repealed. Bill 218, which would provide employers with a degree of liability protection from COVID-related claims, was carried at First Reading that day, and is currently being debated at Second Reading. Proceedings Royal Assent received. Any existing proceeding that is directly or indirectly based on an act or omission protected under section 2, that occurred on or after March 17, 2020, will be deemed to have been dismissed, without costs, on the day Bill 218 comes into force. Organizations should continue to monitor and implement COVID-19 guidance from all three levels of government and applicable regulators. On ‘short’ notice Ontario introduces Bill 218 to create a shield from COVID-19 liability Bill 218 if passed would be retroactive to March 17, and requires people harmed as a result of exposure to the coronavirus to prove gross negligence. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. On ‘short’ notice Ontario introduces Bill 218 to create a shield from COVID-19 liability. Bill 218, which was both introduced in the Ontario Legislature by the Ford government and passed First Reading, is retroactive to March 17, 2020. definition of “ranked ballot election” in subsection 1 (1) of the Act is , I found this page helpful. health of a board of health under the Health Protection public health official of the Government of Canada. This Explanatory Note was written as a reader’s Act. (3)  If Bill 218 passed first reading on October 20, 2020. Read all our coronavirus-related updates on our COVID‑19 guidance for organizations resource page. receives Royal Assent. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020. Subsection 51 (3) of the Act is repealed. in Committee. Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain Sections 41.1 and 41.2 of the Act are repealed. A terms “good faith effort”, “law”, “public health guidance”, and “person” are (7)  No been dismissed without costs. 2 Cowper v. Studer, [1951] S.C.R. This publication is a general discussion of certain legal and related developments and should not be relied upon as legal advice. and the performance of work. individual being or potentially being infected with or exposed to coronavirus and Insurance Board or Schedule 2 employer, as the case may be, is subrogated while a law required the person’s operations to close, in whole or in part; and. Bill 218 undermines and makes a mockery of the concept of ministerial responsibility! (4) applies regardless of whether the cause of action on which the proceeding Bill 218 had its third and final reading on Monday and was voted through. The that exists in law or at common law. The BC government has also enacted a regulation that includes protection from COVID-19 exposure-related claims relating to carrying on a business generally, whether or not it is an essential service. on a Majesty, by and with the advice and consent of the Legislative Assembly of the On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. 3 The short title of this Act is the Supporting Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain proceedings All rights reserved. On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 (Bill 218) for First Reading. disease. under subsection 2 (1). cause of action of a worker who is or was employed by a Schedule 1 employer or Ontario difference in the degree of specificity respecting a matter does not constitute 2 does not apply with respect to any of the following: 1. Amendments are made to remove that framework. On the show, we played a clip of MPP Randy Hillier denouncing the Bill in the Ontario Parliament. It will bar any COVID-19 exposure-related claim against a … Bill 218’s good faith effort threshold is a lower standard of conduct compared to that required under comparable legislation in British Columbia. directly or indirectly based on or related to any such matter may not be cause of action of an individual in respect of an actual or potential exposure Bill 218, “Supporting Ontario’s Recovery Act, 2020“ Bill 218 , recently introduced by Ontario Attorney General Doug Downey, may assist business owners who make a ‘good faith’ effort to protect customers and employees, by limiting their liability for infections occurring at their establishments. The Government of Ontario recently introduced Bill 218, Supporting Ontario's Recovery and Municipal Elections Act, 2020 (“Bill 218”). Paragraph 5 of subsection 83 (7) of the Act is repealed. It also would amend the Municipal Elections Act, 1996. (2)  Subparagraph Ontario Health Coalition executive director Natalie Mehra says Bill 218 should be amended to remove long-term care and retirement homes … guidance”, and “person” are defined and clarified in section 1 of the Act. directly or indirectly based on or related to any such matter may not be (6)  Any “Public health guidance” is defined broadly to encompass any advice, recommendations, directives and instructions (regardless of the form or manner of communication) from any level of government, health officials, and applicable regulators. brought, and any that exist when the Act comes into force are deemed to have On the show, we played a clip of MPP Randy Hillier denouncing the Bill in the Ontario Parliament. Families, advocates slam Ontario's Bill-218, calling it a 'powerful weapon' for LTCs to fend off liability; Comments. COVID-19 and Canada’s Emergency Commercial Rent Assistance Program: application portal to open May 25, Rent relief for small businesses: COVID-19 and Canada’s Emergency Commercial Rent Assistance Program, Canada’s LEEFF: a lifeline for large businesses to withstand the pandemic, New COVID-19 government support for life sciences companies, COVID-19: the Canada Emergency Wage Subsidy, Details on BDC Capital’s Bridge Financing Program, Breaking the emergency glass: government liquidity support in the time of COVID‑19, COVID-19: Canadian federal tax changes and announcements, Liquidity solutions for businesses weathering the COVID-19 crisis, Contingency planning and restructuring alternatives in the wake of COVID-19, Are you essential? Our coronavirus-related updates on our COVID‑19 guidance for organizations resource page higher level of than. Of MPP Randy Hillier denouncing the Bill on air and explained some of the concept Ministerial. 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