Implications of Bill-195

Anna Malakhouskaya | September 8th, 2020

In the midst of a global crisis, such as the Covid-19 pandemic, citizens rely on the legislature to create bills that positively impact their lives. However, in unprecedented times, the legislature can pass bills that aim to help in theory but end up doing quite the opposite in practice. This idea is illustrated perfectly by Bill 195 which was passed through the Ontario legislature on July 21st, 2020. From a conservative MPP being booted from the PC caucus following the debate on the bill to union workers holding protests that are said to last until October, the bill has created a large amount of controversy. With so much uproar about the bill, what are the implications of Bill 195?

Bill 195, known as the Reopening Ontario Act, is a piece of legislation that on its surface does not appear to be any more controversial than other bills passed by the Ontario legislature during the COVID pandemic. In essence “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”(1); fundamentally, this bill shifts power away from the legislature and onto the Premier and his cabinet. Untimely for a period of up to two years, the cabinet, without oversight from the legislature, can “impose requirements and extend orders relating to Ontario’s public and private places”(2). Despite the legislature saying that Ontario is no longer in a state of emergency, Bill 195 essentially allows the Premier and his cabinet to preserve their emergency powers. Making changes to the schedules of healthcare workers, reallocating workers to different jobs and cities, laying off workers, and cancelling parental leave requests are a few examples of the emergency powers the bill allows the Premier to maintain.

The bill was introduced to the legislature by the PC caucus and they claim that the bill allows the cabinet to better protect workers as the bill can be extended every month without having to go through the legislative process. Yet from month to month, workers are left uncertain about if they will be able to take time off to care for their newborn, have a job, and where that job is located. The explanation given by the PC caucus seems like an attempt to find adequate justification for silencing the MPPs within the Ontario legislature through not allowing debate and leaving the people they love to call heroes, out in the cold.

A similar sentiment was shared by Cambridge MPP Belinda Karahalios, a Progressive Conservative Party member who voted against the bill and was subsequently kicked out of the PC caucus. Karahalios’ reasoning for voting against Bill 195 was that “At its core, Bill 195 takes away the legislature’s ability to vote on the use of extraordinary emergency powers on Ontarians for the next year. By transferring away from the ability for Ontario MPPs to consider, debate, and vote on how emergency powers are used on Ontarians, Bill 195 entirely silences every single Ontario MPP on the most important issue facing our legislature today”(3). This bill sets a dangerous precedent regarding the strength of Canadian democracy in times of uncertainty, such as a global pandemic. Ontarians elected these MPPs to represent them and give them a voice about issues that concern their livelihoods. Yet this bill bypasses not only the MPPs’ opinion but also the voice of thousands of essential workers who risked their lives to protect Ontario during the pandemic. Essential workers allowed the government to take away some of their worker rights in the name of public safety and the need to efficiently allocate limited resources. The emergency called for special circumstances that required the suspension of certain worker benefits in order to help the province through the emergency. But the Premier himself stated that the emergency is over, so that begs the question; why does the Premier need to maintain his emergency powers with no emergency? Why do essential workers have to wait in limbo for potentially two years despite the emergency ending?

These questions are being asked across Ontario as front-line workers take to the streets to demand their benefits and security be restored. They claim that Bill 195 is an abuse of power that puts workers at risk of having their benefits put on hold for at least a year. Michael Hurley, President of the Ontario Council of Hospital Unions of CUPE echoed this sentiment in a press release where he said “In July the government passed Bill 195 which said the COVID emergency was over, but went on to extend the override on these rights around scheduling, layoffs, parenting leave, vacations, and many other areas of the contract for a minimum of one year, could be as long as three years. We do appreciate the kind words, people being called heroes for their contributions, but what people would appreciate is having their rights back at work”(4). The increase in the cabinet's power during the height of the COVID crisis was accepted because it was an emergency situation that required special circumstances. However, now that the emergency is said to be over, extending the Premier’s control over worker rights seems less like a necessary evil to protect the province and more like a power grab when the people are at their lowest.

Endnotes

1. Richard J. Charney and Stéphane Erickson, "Ontario’s Enhanced Emergency Powers: What Employers Need to Know About Bill 195." Norton Rose Fulbright | Global Law Firm. Last modified July 31, 2020.

2. "Ontario’s Enhanced Emergency Powers: What Employers Need to Know About Bill 195."

3. Jackie Sharkey. "Cambridge MPP Belinda Karahalios Booted from PC Caucus After Voting Against COVID-19 Emergency Bill." CBC. Last modified July 21, 2020.

4. Jordan Rivers, "Union Seeks Changes to Bill 195." Kenoraonline.com. Last modified August 28, 2020.