Definitions

1   In this Act:

"COVID-19 pandemic" means the pandemic that was the subject of the declaration of a state of emergency made under the Emergency Program Act on March 18, 2020;

"COVID-19 provision" means a provision enacted by section 3 (1);

"declaration of a state of emergency" has the same meaning as in the Emergency Program Act;

"EPA instrument" means an order or regulation, listed in Schedule 1 or 2, that was made under section 10 or 10.1 of the Emergency Program Act.

Conflict

2   If there is a conflict between

(a) this Act, including a COVID-19 provision, or a regulation under this Act, and

(b) any other Act or regulation,

the enactment referred to in paragraph (a) prevails.

Re-enactment and continuation of EPA instruments

3   (1) Each of the EPA instruments is enacted as a provision of this Act.

(2) An EPA instrument is repealed on its enactment as a COVID-19 provision by subsection (1).

(3) Subject to subsection (8) (b), the enactment of a COVID-19 provision by subsection (1) is effective,

(a) respecting EPA instruments in Schedule 1, on the date of the relevant declaration of a state of emergency, and

(b) respecting EPA instruments in Schedule 2, on the date the instrument was made under section 10 or 10.1 of the Emergency Program Act.

(4) For certainty, a COVID-19 provision remains in effect in accordance with this section despite

(a) the Emergency Program Act, and

(b) anything in the COVID-19 provisions to the contrary.

(5) Subject to subsections (6) and (8), a COVID-19 provision is repealed as follows:

(a) respecting items 1 to 6 in Schedule 1 and items 1, 2, 5, 7 to 9, 13, 16, 17, 19, 20 and 21 in Schedule 2, 90 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled;

(b) respecting items 3, 4, 6, 10 to 12, 14, 15 and 18 in Schedule 2, 45 days after the date on which the last extension of the declaration of a state of emergency made March 18, 2020 under section 9 (1) of the Emergency Program Act expires or is cancelled;

(c) respecting EPA instruments added to Schedule 1 or 2 after this Act comes into force, as determined by regulation.

(6) The Lieutenant Governor in Council may, before a COVID-19 provision is repealed under this section, specify by regulation a different date on which the COVID-19 provision is to be repealed, and if a different date is so specified, the COVID-19 provision is repealed on that specified date.

(7) The Lieutenant Governor in Council may not specify a date

(a) for the purposes of subsection (5) (c) that is later than December 31, 2021, and

(b) for the purposes of subsection (6) that would have retroactive effect or that is later than December 31, 2021.

(8) The Lieutenant Governor in Council may, by regulation,

(a) repeal a COVID-19 provision or a portion of a COVID-19 provision, and

(b) add to Schedule 1 or 2 an order made under section 10 of the Emergency Program Act or a regulation made under section 10.1 of that Act respecting the COVID-19 pandemic.

(9) The Lieutenant Governor in Council may make a regulation under subsection (6) or (8) (b) only if satisfied it is necessary to do so to respond to or alleviate the effects of the COVID-19 pandemic.

(10) A regulation under subsection (8) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.

(11) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

Reports

4   (0.1) In this section, "business day" means a day other than a Saturday or a holiday.

(1) Subject to subsection (2.1), the minister responsible for the administration of the Emergency Program Act must report to the Speaker of the Legislative Assembly on the following made under that Act respecting the COVID-19 pandemic:

(a) an order made under section 10;

(b) a regulation made under section 10.1.

(2) Subject to subsection (2.1), the minister responsible for the administration of this Act must report to the Speaker of the Legislative Assembly on a regulation made under this Act.

(2.1) If the report required under subsection (2) is in relation to a regulation referred to in section 3 (5) (c) or (8) (b),

(a) the report may be combined with the report required under subsection (1) of this section, and

(b) the combined report may be made by either minister or by both ministers.

(3) A report under this section must

(a) include a copy of the relevant order or regulation, and

(b) be made within 5 business days from the date the order or regulation was made.

(4) On receipt of a report under this section, the Speaker must lay the report before the Legislative Assembly as soon as possible.

No actions or proceedings

5   (1) Subject to subsection (2) and the regulations, no legal proceeding for prescribed damages related to the COVID-19 pandemic lies or may be commenced or maintained against a prescribed person or a person in a prescribed class of persons because of

(a) any prescribed act or omission of the person, or

(b) any act or omission of the person in a prescribed class of acts or omissions.

(2) Subsection (1) does not apply in relation to damages caused by gross negligence.

(3) The Lieutenant Governor in Council may make regulations for the purposes of this section, including, without limitation, regulations restricting the protection provided under subsection (1) or imposing conditions on the protection.

(4) A regulation under subsection (3) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.

Protection continues

6   For certainty, despite the repeal of section 5, the repeal does not affect any protection acquired under that section.

Commencement

10   This Act comes into force by regulation of the Lieutenant Governor in Council.