On June 5, 2020, the Province amended O.Reg. 73/20, passed under section 7.1 of the Emergency Management and Civil Protection Act (the “EMCPA”), which provides for the suspension of limitation and time periods in proceedings.
The amendments, made via O.Reg. 258/20 and O.Reg. 259/20 , separate the duration of the suspension from the length of the Declaration of Emergency, allowing for the duration of O.Reg. 73/20 to apply outside of the current Declaration of Emergency. Further, the amendments extend the suspension of time periods and limitation periods until September 11, 2020, which is the maximum renewal period allowed under the EMCPA.
The changes also clarify who may exercise the discretion to vary time or limitation periods available to Courts and Tribunals to include:
- The person or persons who have jurisdiction to make orders in the proceeding;
- The Chief Justice of Ontario, in respect of any or all of the proceedings before the Court of Appeal for Ontario;
- The Chief Justice of the Superior Court of justice, in respect of any or all of the proceedings before the Superior Court of justice;
- The Chief Justice of the Ontario Court of justice, in respect of any or all of the proceedings before the Ontario Court of Justice; or
- The chair of a tribunal, in respect of any or all of the proceedings before the tribunal.
