Here's what a state of emergency means for Ontario

On Friday, Premier Doug Ford declared a state of emergency as the “Freedom Convoy” stretches into its second week.

This is the fourth time in Ford’s tenure as premier that he’s had to declare a state of emergency. The previous declarations were due to COVID-19.

You might also like:

What warrants a state of emergency?

A state of emergency can be declared by the premier or lieutenant governor in council if the premier believes that an emergency requires immediate action to prevent or reduce serious harm to people and property.

Ford is invoking government powers under section 7.0.1 of the Emergency Management and Civil Protection Act (EMCPA).

Today, I am using my authority as Premier of Ontario to declare a state of emergency in our province.

We must come together as Canadians. We must heal the divide that is fracturing our society.

To the protestors: It’s time to end these occupations and go home. pic.twitter.com/NvMUqfgGTL

— Doug Ford (@fordnation) February 11, 2022

The state of emergency was declared as “Freedom Convoy” protestors continue to occupy downtown Ottawa, heading into their second week. Protestors have also moved to block the Canada-US border at the Ambassador Bridge in Windsor. The border blockade has forced several automotive plants to close as parts, and other goods can’t move across the border.

What powers does this give the government?

The emergency declaration gives the government broad, sweeping powers to limit civilian movement, evacuate, close businesses, among other things.

The province will most likely focus on regulating protestors’ movements within Ottawa, at the Ambassador Bridge in Windsor, and as they may head for Toronto. The declaration also allows for emergency orders to evacuate certain areas.

On Friday, Ford told reporters that the emergency declaration is primarily to remove blockades at the border that have forced several automotive plants to shut down and prevented goods from making their way into Canada.

“I will convene cabinet to use legal authorities to urgently enact orders that will make crystal clear it is illegal and punishable to block and impede the movement of goods, people and services along critical infrastructure,” said Ford.

Additional protections extend to international border crossings, 400 series highways, airports, ports, bridges and railways.

“There will be consequences for these actions, and they will be severe,” he said.

Ford told reporters on Friday that protestors who do not abide by emergency orders can be fined up to $100,000 and face up to one year in jail.

A state of emergency is meant to be temporary but can be extended. Ford emphasized that he would be working to make some of the emergency orders to stop the blockades permanent laws.

“We have every intention to bring new legislation forward that will make these measures permanent in law,” he said.

He said that the authority could also be used to revoke personal and commercial licences of those who do not abide by the declaration.

The state of emergency also gives police in the province more powers to handle and fine protestors.

“This declaration includes orders that will strengthen our ability as police officers to protect public transit, ambulatory and medical services, municipal roadways and pedestrian walkways, among other areas. We will be reviewing these orders carefully and providing up-to-date operational direction to our members for this weekend,” Toronto Police Chief James Ramer said at a press conference.

Chief Ramer said that these additional powers would only be used on an as-needed basis.

“We’re assessing the tools that have been given to us, and during the course of any demonstration or protests, we’ll evaluate and determine whether any of them need to be implemented based on what is happening,” he said.

The full list of emergency orders Ontario can enact:

Implementing any emergency plans formulated under sections 3, 6, 8 or 8.1.
Regulating or prohibiting travel or movement to, from or within any specified area.
Evacuating individuals and animals and removing personal property from any specified area, and making arrangements for the adequate care and protection of individuals and property.
Establishing facilities for the care, welfare, safety and shelter of individuals, including emergency shelters and hospitals.
Closing any place, whether public or private, including any business, office, school, hospital or other establishment or institution.
To prevent, respond to or alleviate the effects of the emergency, constructing works, restoring necessary facilities and appropriating, using, destroying, removing or disposing of property.
Collecting, transporting, storing, processing and disposing of any type of waste.
Authorizing facilities, including electrical generating facilities, to operate as is necessary to respond to or alleviate the effects of the emergency.
Using any necessary goods, services and resources within any part of Ontario, distributing, and making available necessary goods, services and resources and establishing centres for their distribution.
Procuring necessary goods, services and resources.
Fixing prices for necessary goods, services and resources and prohibiting charging unconscionable prices in respect of necessary goods, services and resources.
Authorizing, but not requiring, any person, or any person of a class of persons, to render services of a type that that person, or a person of that class, is reasonably qualified to provide.
Subject to subsection (7), requiring that any person collect, use or disclose information that in the opinion of the Lieutenant Governor in Council may be necessary in order to prevent, respond to or alleviate the effects of the emergency.
Consistent with the powers authorized in this subsection, taking such other actions or implementing such other measures as the Lieutenant Governor in Council considers necessary in order to prevent, respond to or alleviate the effects of the emergency.