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Author: Shaun Fluker Page 11 of 38

B.Comm. (Alberta), LL.B. (Victoria), LL.M. (Calgary).
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COVID-19 and the Suspension of Energy Reporting and Well Suspension Requirements in Alberta

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On April 10, 2020

In COVID-19, Energy

By: Shaun Fluker

PDF Version: COVID-19 and the Suspension of Energy Reporting and Well Suspension Requirements in Alberta

Order Commented On: Ministerial Order 219/2020 (Energy)

Section 52.1 of the Public Health Act, RSA 2000, c P-37 provides a minister with power to suspend, modify, or effectively amend the application of legislation which they are responsible for under the Government Organization Act, RSA 2000, c G-10. Ministerial orders exercising this power are being made with increasing frequency during the COVID-19 emergency, and these orders, together with other public health orders issued by Alberta during this crisis, are published here. One should also keep an eye on the Queen’s Printer website for Orders-in-Council which enact new, or amend existing, regulations to address COVID-19. Readers may recall that I previously commented here on Ministerial Order 17/2020 (Environment and Parks) which suspends routine environmental reporting. This post looks at Ministerial Order 219/2020 issued by the Minister of Energy on April 6, 2020 which suspends some reporting and inactive well suspension requirements under energy legislation.

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COVID-19 and Retroactive Law-Making in the Public Health (Emergency Powers) Amendment Act (Alberta)

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On April 6, 2020

In COVID-19, Health Law

By: Shaun Fluker

PDF Version: COVID-19 and Retroactive Law-Making in the Public Health (Emergency Powers) Amendment Act (Alberta)

Legislation Commented On: Public Health (Emergency Powers) Amendment Act, SA 2020 c 5

On April 2, Alberta amended provisions governing emergency powers under the Public Health Act, RSA 2000, c P-37. This post discusses amendments made to section 52.1, and also comments on their retroactive effect. I’ve previously commented here and here on the exercise of these emergency powers to address COVID-19.

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COVID-19 and the Suspension of Routine Environmental Reporting in Alberta

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On April 2, 2020

In COVID-19, Emergencies Act, Environmental

By: Shaun Fluker

PDF Version: COVID-19 and the Suspension of Routine Environmental Reporting in Alberta

Orders Commented On: Ministerial Orders 15/2020, 16/2020, 17/2020 (Environment and Parks)

Section 52.1 of the Public Health Act, RSA 2000, c P-37 provides a minister with power to suspend or modify the application of legislation which they are responsible for under the Government Organization Act, RSA 2000, c G-10. This post looks at 3 ministerial orders made by the Minister of Environment and Parks this week under section 52.1 which suspend certain reporting requirements under the Environmental Protection and Enhancement Act, RSA 2000 c E-12, the Water Act, RSA 2000 c W-3, the Public Lands Act, RSA 2000, c P-40, the Technology Innovation and Emissions Reduction Regulation, Alta Reg 133/2019, and the Renewable Fuels Standard Regulation, Alta Reg 29/2010, on the basis that these reporting obligations are not in the public interest during the COVID-19 public health emergency. These orders, together with other public health orders issued by Alberta during this crisis, are published here.

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COVID-19 and the Public Health Act (Alberta)

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On March 31, 2020

In COVID-19, Health Law

By: Shaun Fluker

PDF Version: COVID-19 and the Public Health Act (Alberta)

Legislation Commented On: Public Health Act, RSA 2000, c P-37

All levels of government in Canada are working hard to contain the COVID-19 pandemic and mitigate its severe impacts on public health. Despite the fact that COVID-19 is a national emergency, the federal government has not declared it as such under the Emergencies Act, RSC 1985, c 22 (4th Supp) (I previously wrote about this here). For now, we have a collaboration of public health emergency declarations made by provincial, territorial and municipal governments. Alberta declared a public health emergency on March 17, on the recommendation of the Minister of Health and on the advice of the Chief Medical Officer of Health, with Order in Council 80/2020 issued under section 52.1 of the Public Health Act, RSA 2000, c P-37. This post critically examines how Alberta is exercising its emergency legal power under this legislation.

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COVID-19 and the Emergencies Act (Canada)

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On March 27, 2020

In Constitutional, COVID-19, Emergencies Act

By: Shaun Fluker

PDF Version: COVID-19 and the Emergencies Act (Canada)

Legislation Commented On: Emergencies Act, RSC 1985, c 22 (4th Supp)

As we move deeper into the COVID-19 pandemic in Canada, provincial, territorial and municipal governments are now using legal rules to impose self-isolation and social distancing measures for the common good of preventing community transmission of the virus. The narrative in daily updates from government leaders and public health officials has shifted away from encouraging voluntary practices and more towards invoking command and control, as evidence mounts that voluntary suggestions are not being followed. Command and control is, however, largely going to be a general deterrence measure because actual enforcement in individual cases will be very difficult and resource intensive (hence why some jurisdictions, such as the State of Oregon, are encouraging citizens to help with enforcement by reporting violators of public health orders). All of this underscores the fact that we are truly in the midst of a socio-economic crisis, and has led to suggestions (e.g. see here and here) that federal cabinet issue a proclamation of national emergency under the Emergencies Act, RSC 1985, c 22 (4th Supp) and exercise the powers granted thereunder.

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