![workplace-with-people-in-walking-in-blurred-motion-in-modern-office-space_AdobeStock_714071973](https://www.nortonrosefulbright.com/-/media/images/nrf/hero/workplace-with-people-in-walking-in-blurred-motion-in-modern-office-space_adobestock_714071973.jpeg?w=265&revision=757b8aa8-f74f-4e2d-9ccd-084ec5192278&revision=5250277392097387904&hash=380B464034E4102358A0D456AAB43445)
Publication
Merger law reform in Australia: What next after the Exposure Draft?
As expected, the Australian Commonwealth Treasury released an exposure draft for the proposed new Australian merger regime on 24 July 2024.
Canada | Publication | July 31, 2020 - 10 AM ET
On July 21, 2020, Bill 195 (the Bill) received royal assent. The Bill’s purpose is to delegate, within limits, from the legislature to the cabinet, certain rule-making and revoking authorities so as to support the appropriate return of employees back to the physical workplace in response to the current threat of COVID-19.
The Bill came into force on July 24, 2020, enacting the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the Reopening Act). The Reopening Act continues previous emergency powers and orders made under sections 7.0.2 and 7.1 (the Relevant Sections) of the Emergency Management and Civil Protection Act (the Emergency Act) in relation to COVID-19. The Bill provides that any continued orders that fell under these Relevant Sections will cease to apply after 30 days, unless the cabinet extends any orders for additional periods of up to 30 days.
The Bill allows for any unrevoked orders previously made under the Relevant Sections of the Emergency Act to continue as effective orders under the Reopening Act, once terminated under the Emergency Act. Orders that fall under the Relevant Sections of the Emergency Act will continue regardless of whether they do not apply to any area of the province on the day of coming into force.
The Bill will affect each of the Relevant Sections of the Emergency Act and the orders that are continued under them as follows:
Section 7.0.2
Section 7.1
Section 7.2
The Bill will cause any orders that are continued by the cabinet under the Relevant Sections to end no more than 30 days after they are continued, unless the cabinet extends the order’s effective period before it ends.
In addition to the power to extend an order’s effective period, the cabinet will have the authority to make the following amendments:
The cabinet has the broad authority to make amendments requiring compliance with any advice, recommendation or instruction of a public health official, as well as amendments to any order relating to the following subject matter:
The cabinet does not have the power to amend certain orders under Ontario Regulations (OR), including, but not limited to:
An amendment may impose more onerous or different requirements, including in different parts of the province and in the future, and can be retroactively applied to any date on or after July 24, 2020. An amendment may also extend an amended order’s application, including its geographic scope and who it applies to.
The cabinet is authorized to extend and amend orders under the Relevant Sections for one year starting on July 24, 2020. This expiration can be extended for additional one year periods, if recommended by the Premier, by resolution by the legislature. While waiting for a resolution to be voted on, the cabinet’s power to extend and amend orders will continue. Previously extended and unrevoked orders will continue until the end of the extension date regardless of when the cabinet’s power ends.
Enforcement provisions included in the Bill provide orders for contravention and offences.
Any person who contravenes a continued section 7.0.2 order under the Reopening Act may be restrained by order of a judge of the Superior Court of Justice. The judge may make and enforce the order in the same manner as any other order or judgment of the Superior Court of Justice.
Any person who fails to comply with a continued section 7.0.2 order under the Reopening Act or who interferes with or obstructs any person in the exercise of power or performance of duty conferred by such an order is guilty of an offence and is liable on conviction. A person is guilty of a separate offence for each day that they fail to comply, interfere or obstruct performance of such an order. An individual cannot be charged with an offence in respect of an order that has been amended retroactively, if the conduct occurred before the retroactive amendment was made but after the retroactive date specified in the amendment.
The following are the possible fines and terms of imprisonment for the offence:
The Premier, or a delegated Minister, is required to report regularly to the public on any extended orders and the rationale behind those extensions to a standing or select committee of the legislature at least once every 30 days. The Premier has 120 days to table a report in the legislature on the rationale of all orders that they amended or extended, after one year or after any extension of the power to extend or amend orders.
Bill-195 provides the cabinet with broad authority to impose requirements and extend orders relating to Ontario’s public and private places, including workplaces, and the compliance with guidance provided by public health officials. All Ontarians have the potential to be impacted. As the consequences of non-compliance with applicable orders can be severe, employers would be wise to ensure that any continued orders are respected and followed this summer and beyond.
The authors wish to thank Breanne Matheson, summer student, for her help in preparing this legal update.Publication
As expected, the Australian Commonwealth Treasury released an exposure draft for the proposed new Australian merger regime on 24 July 2024.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023