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

Steve

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 December 8, 2020 (updates ongoing). This may not be completed, so use due diligence and review. There is no substitute for careful review of the exact terms of the orders and obtain legal advice where applicable.

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  • M139/2020, Local Government Meetings and Bylaw Processes (Covid-19) Order No. 2 (Repealed by M193/2020)
    • 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.
  • M192/2020, Local Government Meetings and Bylaw Processes (Covid-19) Order No. 3
    • [insert description]
  • 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.
  • M183/2020, Protection Against Liability for Sports (COVID-19) Order
    • No liability if in compliance and acting reasonably with guidance and standards; doesn’t apply if gross negligence occurs.

Health and Hospital Orders

Residential Tenancy Orders

  • M89/2020, Residential Tenancy (Covid-19) Order [Repealed by M195/2020]
      • 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.
  • M195/2020

Other Orders

 

M416/2020, Food and Liquor Premises, Gatherings and Events (COVID-19) Order No. 2 (Nov 13/20)

  • prohibits promotion of events that are non-compliant with PHO Gatherings and Events order and the PHO Food and Liquid Premises Order; creates and offence for promotion and attendance, as well as belligerence. Allows local governments and certain others to produce information to Solicitor General on request re: compliance.
  • Formerly M358/2020, M314/2020

M336/2020 – Amends improvement district letters patent to allow elections on a different date than the AGM.

M334/2020 – Makes Crown Land use applications subject to mass gathering / food and beverage / other orders.

M324/2020 rescinds M257/2020, Haida Gwaii (COVID-19) Order.

M256/2020, BC Ferries Medical Travel (COVID-19) Order – Gives priority ferry boarding to medical travellers who arrive with proof 30 minutes in advance.

M220/2020, Health Care Labour Adjustment No. 2

M193/2020, Correction Centre Measures (COVID-19)

M179/2020, Commercial Tenancy (COVID-19) Order

M162/2020, Electronic Witnessing of Powers of Attorney

M161/2020, Electronic Witnessing of Wills

M159/2020, Local Government Finance (COVID-19) Order

 

 

 

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