BC Covid-19: Public Health Orders and Ministerial Orders all in one place

To assist those societies who provide essential services and those individuals searching for this information, here are all Public Health Orders and Ministerial Orders in one place. Current to May 15, 2020.

Public Health Orders

These are stored on the BC Government’s Website.

Orders of note include:

Ministerial Orders

These are stored on BC Laws.

  • M73/2020, Declaration of Provincial Emergency
  • M82/2020, Bylaw Enforcement Officer (Covid-19) Order
    • this requires all local government staff and officers responsible for the enforcement of one or more local government bylaws to assist the Provincial Health Officers (PHOs) in enforcing bylaws as directed, including by:
      • monitoring facilities and areas closed by PHO order;
      • providing warnings, information and advice to the public;
      • reporting suspected contraventions to PHO’s.
    • Such individuals may not fine or detain under the Provincial Health Act.
  • M93/2020, Provincial Compliance Officer (COVID-19) Order
    • As M82/2020 does, requires health officers, Cannabis Control, Liquor Control, and Gaming Control offers to provide the same assistance.
  • M83/2020, Local Government Meetings and Bylaw Process (Covid-19) Order (Replaced by M139/2020)
    • This permits a local government to host meetings, considered public, without the public in attendance and without a room or electronic facilities provided for the public to hear or view such meeting.
    • Those officials attending are deemed to be physically present and the meeting is considered open.
    • A bylaw may now be adopted at the same meeting it is introduced at a slightly lower threshold depending on whether it is a municipality or a regional district, subject to other restrictions.
  • M139/2020, Local Government Meetings and Bylaw Processes (Covid-19) Order No. 2
    • Now explicitly permits public hearings to be held electronically or by phone, with certain notice requirements and for provision of materials available for inspection electronically.
  • M84/2020, Local Authorities and Essential Goods and Supplies (Covid-19) Order
    • No secondary selling
      • This prohibits the secondary selling of essential goods or supplies, whether purchased or donated to the individual, whether inside or outside of BC;
        • essential goods or supplies include those necessary for the health, safety, and welfare of people, including food, water, other beverages; fuel and gas; health care goods, drugs and medical supplies; and personal hygiene, sanitation, and cleaning goods.
    • Ferry operations must be maintained
      • It requires all ferry operators to ensure priority boarding for residents of sailing destinations and shipments of essential goods and supplies; and it restricts BC Ferries from changing its minimum service levels without consulting with the province;
    • Local Governments
      • This order renders local government bylaws restricting deliveries of food, goods, and supplies ineffective;
      • This requires all local governments to use best efforts for the management and delivery of services for vulnerable populations, including food banks and shelters;
      • Requires local governments to implement emergency plans, update emergency and business continuity plans for other events (earthquake, wildfire) in line with the current pandemic; enter into mutual aid agreements with other jurisdictions for water, waste water, and first response services, and if not possible report problems to Emergency Management BC (“EMBC”), including those related to waste management;
      • Further requires local governments to identify resources and facilities that could be used to respond to or mitigate the pandemic, including facilities for testing, self-isolation, or warehouse supplies; and to report any critical supply needs to EMBC.
    • Ministerial powers
      • May request inventory of goods and supplies from retailers and others for those required for health care workers, first responders, and other prioritized essential service workers;
      • May set limit per transaction for goods;
      • May require a hotel operator or commercial lodging operator to make facilities available for self-isolation, supporting essential workers, or any other purpose identified;
      • direct suppliers, distributors, and retailers, as well as trucking associations, to coordinate on the delivery of essential goods and supplies.
  • M115/2020, Prohibition on Unconscionable Prices for Essential Goods and Supplies (Covid-19) Order
    • Prohibits a person from selling essential goods and supplies in a retail environment at an unconscionable price (e.g. food, water, beverages; fuel and gasoline; health care goods, pharmaceuticals, medical supplies; personal hygiene, sanitation, and cleaning goods).
  • M86/2020, Limitation Periods (Covid-19) Order (Repealed)
    • Suspends all limitation periods relating to civil and family proceedings, appeal, claim relating to the commencement of same;
    • Administrative tribunals and other statutory decision makers have the ability to waive, suspend, or extend mandatory time limits (e.g. judicial review or statutory appeal time limits).
  • M98/2020, Limitation Periods (Covid-19) Order No. 2 (Replacement)
    • Only change from M86/2020 is that Builders Lien Act limitation periods are not suspended — they continue to run.
  • M94/2020, Protection Against Liability (COVID-19) Order (Repealed)
    • For the period when the order is made (April 2, 2020) until the end of the provincial emergency, a person is not to be held liable for damages resulting directly or indirectly from an individual being or likely being infected with or exposed to Covid-19 as a result of that person providing an essential service, if at the relevant time, the person was operating the essential service in accordance with all applicable emergency and public health guidance or reasonably believed they were doing so. This does not apply if the person was grossly negligent.
  • M120/2020, Protection Against Liability (Covid-19) Order No. 2
    • Provides further information on what “essential service”, “exposed”, and “emergency and public health guidance” is. Otherwise the same as above.

Health and Hospital Orders

Residential Tenancy Orders

  • M89/2020, Residential Tenancy (Covid-19) Order
      • Prevents evictions and rent increases for the duration of the declared emergency;
      • Disallows notices to end tenancy as of the date of the order (March 30) — earlier notices remain in effect;
      • Prevents orders of possession from being made, except for emergency-related purposes (e.g. need for government possession, not a tenant/landlord emergency); restricts access to the Supreme Court for a writ of possession; Even if a writ of possession is issued based on a notice prior to the date of the order, it cannot be enforced while the order is in effect;
      • Disallows any rent increases, other than those agreed to by the tenant in their lease already, during this period; if a rent increase is charged improperly, a tenant may deduct it from rent;
      • Allows a landlord to restrict access to common property to comply with social distancing and other public health orders, as well as restrict visitors/guests but must allow visitors/guests in the rented unit;
      • Prevents the landlord from entering a rental unit subject to a tenancy unit even if notice is given – earlier notices to enter, if the date is after the date of the order, are invalid.
        • A landlord may now only enter if both the following apply: an emergency in relation to the Covid-19 pandemic exists and entry is necessary to protect the health, safety, or welfare of the landlord, a tenant, an occupant, a guest or the public (e.g. health concern for tenant; health concern for other tenants likely acceptable); and
      • Prevents personal service at present.
      • Similar provisions exist relating to manufactured home tenancy.

Other Orders

  • M85/2020, Freedom of Information and Protection of Privacy Act Order
    • Allows health organizations to share information outside of Canada relating to Covid-19;
    • Allows public sector organizations (and other organizations bound by FOIPPA) to use online and other tools where information is stored outside of Canada if the head of the public body is reasonably satisfied that:
      • the tools are being used to support and maintain activities of the public body;
      • the tools support public health recommendations or requirements (e.g. social distancing, working from home, etc); and
      • any disclosure of personal information is the minimum amount reasonably necessary for performance of the employee, officer, or elected official of the public body.
    •  The third party application must be reasonably secure, in the opinion of the head of the public body; and at the end of the emergency or such reasonable time thereafter, the public body makes all reasonable efforts to remove personal information from the application and back-up any records created (e.g. chat logs; documents created) and retains it in accordance with FOIPPA.
  • M87/M88/2020 Controlled Drugs and Substances Order
    • Pharmacists may now dispense street drugs as permitted
  • M114/2020, Electronic Attendance at Strata Property Meetings (Covid-19) Order
    • Allows for electronic attendance at strata annual meetings.
  • M116/2020, Electronic Attendance at Corporate Meetings (Covid-19) Order
    • Permits electronic members/shareholders meetings of co-ops, corporations, and societies.
  • M138/2020, Electronic Attendance at Credit Union Meetings (Covid-19) Order
    • Permits credit unions to hold meetings electronically.
  • M121/2020, Supreme Court Civil and Family Applications (Covid-19) Order
    • Permits the Chief Justice and the Associate Chief Justice of the BC Supreme Court to adjust the court rules in any manner reasonably necessary to ensure consistency with public health advisories to reduce the threat of Covid-19 to the health and safety of persons.
  • M128/2020, Encampment Health and Safety (Covid-19) Order (Repealed)
    • Requires all persons camping in designated areas to evacuate the area by no later than noon on May 9, 2020, and prohibits entry to such areas.
    • Areas include Oppenheimer Park in Vancouver; Topaz Park in Victoria, and Pandora Avenue/Vancouver Street in Victoria.
  • M150/2020, Encampment Health and Safety (Covid-19) Order No. 2
    • Moves the deadline for Oppenheimer Park to May 9;
    • Moves the deadline for Topaz Park and the Pandora Corridor to May 20, 2020;
  • M152/2020, Encampment Health and Safety (Covid-19) Vancouver Enforcement Order
    • Orders immediate evacuation of Oppenheimer Park as of May 9, 2020; permits Vancouver Police to enforce with operational discretion; City of Vancouver must provide personnel to remove and dispose of unclaimed personal property; prohibits entry for purpose of camping, residing, or occupying the park.
  • M133/2020, Employment and Assistance (Covid-19) Order
    • Adjusts requirements under the Employment and Assistance Act or the Employment and Assistance for Persons with Disabilities Act to provide information, to allow people to provide information verbally or by verbal confirmation rather than sign a record or agreement.

 

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