Bottom Line
The Ontario Government has empowered municipal by-law officers
and other persons designated in writing to enforce Orders made
under the Emergency Management and Civil Protection Act,
R.S.O. 1990, c. E.9. 9 (EMCPA), including the Order requiring the
closure of non-essential businesses.
Enforcement Powers
Prior to this development, only Police Officers and constables
who had been appointed by the Government had the authority to
enforce Orders under the EMCPA. Under section 1(3) of the
Provincial Offences Act ("POA") a Minister of
the Crown may designate in writing any person or class of persons
as provincial offences officers. The Government has elected to
exercise this power. Further, in a news release issued on March 31,
2020 the Provincial Government also announced that people who are
asked to identify themselves to a provincial offences officer must
do so, or else face additional consequences, likely in the form of
an additional ticket.
