Discussion:

Before responding to the foregoing questions, a discussion is merited regarding the question of “essential services” within this specific context. The term “essential services” can be interpreted in two different ways.

Most specifically it refers to a service that is legislatively precluded from engaging in job action (an “Essential Service”). Examples of Essential Services include nurses, firefighters, and police officers. These professions are not permitted to go on strike, but instead engage in a process known as interest arbitration, where matters between employers and unions regarding settling contracts is done through an arbitration panel. The City itself does not designate Essential Services.

“Essential services” within a municipal context are largely defined by the municipality and the circumstance under which the definition is required. These services are necessary to preserve the wellbeing, health, security, and welfare of the municipality and its inhabitants. Along with policing, health care, and fire suppression, these services could include water and sewage management, some road maintenance, some financial and social services matters, among others.

The degree to which services are considered to be “essential” depends on why the definition is being invoked – whether it is in response to labour action, a natural, technological, or human-induced disaster, or in assessing budgetary needs and determining what service level is required and what is discretionary, for example. Regardless of whether a municipality defines a service as “essential” in this context would not affect the employees’ right to strike and would not place them in the category of Essential Services.

It is noted that during the pandemic, the provincial government has generated its own list of what services it considered to be essential and therefore could continue to function during that time. This is a good example of the contextual nature of that term.

With respect to the context of this question, Administration has interpreted the request to refer to a process by which the City’s Emergency Response Plan can recognise certain services as being important to preserve during an emergency, and beyond the scope of powers afforded to the Head of Council under subsection 4 (1) of the Emergency Management and Civil Protection Act (EMPCA). Emphasis is placed on public transit, although it is noted that any service may be identified in this manner.

1. What constitutes an essential service under pandemic response protocols and how does that designation inform service level commitments to the community from the City with a specific focus on Public Transit?

The EMCPA requires the following:

3 (1) Every municipality shall formulate an emergency plan governing the provision of necessary services during an emergency and the procedures under and the manner in which employees of the municipality and other persons will respond to the emergency and the council of the municipality shall by by-law adopt the emergency plan.