Ontario Extends Declaration of Emergency and Passes the COVID-19 Response and Reforms to Modernize

ONTARIO EXTENDS DECLARATION OF EMERGENCY AND PASSES THE COVID-19 RESPONSE AND REFORMS TO MODERNIZE ONTARIO ACT, 2020-PART 1

MALCOLM MACKILLOP

On May 12, 2020 the Ontario Government announced it had extended the Declaration of Emergency and all of its emergency measures under the Emergency Management and Civil Protection Act (the “EMCP�) to prevent the spread of COVID-19 and give the province more time to safely reopen businesses, services, and amenities. The Declaration of Emergency has been extended until June 2, 2020.

The Ontario Government has now released over 80 sector-specific guidelines to help employers prepare their workplaces for reopening. The guidelines, accessible here, now include guidance for curb-side pick up and delivery services. We reported on these guidelines in our previous blog post.

On May 12, 2020 the Ontario Government also passed the COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (the “Act�). The Act creates or amends provincial legislation with the goal of helping people conduct business while practising physical distancing.Among other changes, the Act creates or amends the following:

Alternative Filing Methods for Business Act, 2020 Schedule 1 of the Act creates the Alternative Filing Methods of Business Act, 2020 (the “AFMB�).

The AFMB allows documents that are required to be filed by in-person delivery or mail with the Minister, Director or Registrar under certain business statutes to now be filed via alternative methods. The AFMB also permits electronic signatures and electronic copies of certain documents to be used.

The AFMB applies to the following: The Business Corporations Act The Business Names Act The Corporations Act The Co-operative Corporations Act The Corporations Information Act The Extra-Provincial Corporations Act The Limited Partnerships Act Or any other prescribed act

Business Corporations Act (OBCA), Co-operative Corporations Act, and the Corporations Act Schedule 2, 6, and 7 of the Act temporarily suspends portions of the OBCA, the Co-operative Corporations Act, and the Corporations Act, respectively, and establishes replacement provisions that will apply during this temporary suspension period.

Continue reading in Part II