Ontario issued its third declaration of emergency on April 7, 2021 through Ontario Regulation 264/21 under the Emergency Management and Civil Protection Act (the “EMCPA”). On the same day, the provincial government issued a stay-at-home order as Ontario Regulation 265/21 under the EMCPA, stating that “[e]very individual shall remain at the residence at which they are currently residing at all times unless leaving their residence is necessary […]” for permitted activities, such as work, volunteering, school and child care; obtaining goods and services; moving residences; gathering for the purpose of a wedding, funeral or religious service; or for health, safety and legal purposes. Both the declaration of emergency and the stay-at-home order were extended on April 16, 2021 for another period of 14 days past April 21, 2021 until May 5, 2021, unless they are extended again.

The extension until May 5, 2021 applies to all orders issued under the EMCPA, including Ontario Regulation 272/21: Transfer of Hospital Patients and Ontario Regulation 271/21: Work Redeployment for Local Health Integration Networks and Ontario Health, both made on April 9, 2021, and Ontario Regulation 8/21: Enforcement of COVID-19 Measures, made on January 12, 2021. Of note, Ontario Regulation 8/21: Enforcement of COVID-19 Measures was initially amended to provide police officers and other provincial offences officers enhanced authority to support the enforcement of Ontario's stay-at-home order, including the power to “require any individual who is not in a place of residence to (a) provide the address of the residence at which they are currently residing; and (b) provide their purpose for not being at their residence” and require the driver of a vehicle to stop to answer such questions. However, a subsequent amendment to Ontario Regulation 8/21 clarified that such powers may only be exercised where “a police officer or other provincial offences officer has reason to suspect that an individual may be participating in a gathering that is prohibited […] and believes that it would be in the public interest to determine whether the individual is in compliance”.

As well, orders under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“ROA”) have been extended until May 20, 2021. Of note, Ontario Regulation 82/20: Rules for Areas in Stage 1, has been amended and now provides that a gathering, whether indoors or outdoors, for the purposes of a wedding, a funeral or a religious service, rite or ceremony is limited to no more than 10 people.