Premier Doug Ford has declared a state of emergency in Ontario, immediately ordering select closures of gatherings above 50 people — including bars and restaurants, except for take-out — but leaving malls, food stores, businesses, factories and construction sites open as the province fights COVID-19.

“This is not a provincial shutdown,” Ford stressed while cautioning, “this is changing hour by hour, day by day” and offering $304 million to boost the health-care system.

The measure announced Tuesday morning expires at the end of March and gives Ford broad powers, but for now closes only indoor recreation centres, public libraries, private schools, parades, places of worship, licenced day-care centres, cinemas, theatres, concerts and the like until the end of March.

It makes official recommendations from provincial chief medical officer of health Dr. David Williams. Most municipalities and affected businesses and venues had already announced they would comply.

Ford urged “calm,” saying the manufacturing and transportation sectors must remain open because “it’s critical we keep the supply chain going. We need grocery stores open.”

Williams said “we’re watching to see” if it becomes necessary to close shopping malls depending on spread patterns of the highly contagious virus, which has begun to circulate through person-to-person transmission.

The LCBO announced it is reducing hours to between 11 a.m. and 6 p.m. to increase cleaning at its stores.

Ontario had eight new cases Tuesday, including five in Hamilton, and one potential COVID-19 death in a 77-year-old Barrie-area man with underlying health conditions who tested positive after his death in hospital. He had been in close contact with a confirmed case.

Most cases came to Ontario through travellers who had been to China, Iran, Italy, Egypt and other countries, with a rising number coming from the neighbouring United States — which associate chief medical officer of health Dr. Barbara Yaffe said is a “concern.”

Ford said the emergency declaration was made under Ontario’s Emergency Management and Civil Protection Act because the COVID-19 pandemic is “a danger of major proportions” and the government needs “every power possible” to react to the spread of the virus as necessary.

“We must act decisively and we must not delay,” the premier added, declining to outline possible future steps at a news conference with Health Minister Christine Elliott, Finance Minister Rod Phillips and Solicitor General Sylvia Jones.

The emergency declaration gives the premier “vast powers” that include closing businesses, collecting information, fixing prices to stop profiteering, and circumvent professional licencing requirements, said Kent Roach, a law professor at the University of Toronto.

“Most emergency legislation concentrates power in the executive but this one goes beyond it and centralizes the power in the premier, who can exercise powers otherwise reserved for other ministers and municipalities,” Roach added.

He can also in “some circumstances” suspend existing laws, except for privacy legislation and Crown Liability Acts.

The premier must eventually prepare a report after the emergency which will be reviewed in the legislature, Roach said. And judges can enforce orders through contempt power which provides for some judicial review. There are offences punishable with up to a year’s imprisonment for infringing orders.

Michael Bryant, executive director and general counsel for the Canadian Civil Liberties Association, expressed concern about the vagueness of the declaration of a state of emergency.

Bryant, who was attorney general when the Emergency Management and Preparedness Act was updated after the 2003 SARS outbreak, warned there is the potential danger of vulnerable people — like the homeless — being denied services because some facilities may be closed under the guise of an emergency.

He stressed that an emergency declaration cannot override Charter rights.

“They can only infringe a right as little as possible.”

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In countries like Italy with severe outbreaks, pharmacies and food stores have remained open despite severe restrictions on commerce and movement.

The law gives the Ontario government broad but time-limited powers to cope with the crisis and will stop St. Patrick’s Day merry-makers from going to pubs.

Ford said the legislature will sit Thursday, bringing MPPs back from March Break, to pass legislation related to the fight to slow the spread of the new coronavirus — such as protecting the jobs of workers who must self-isolate — with hopes it can be done in one day.

NDP Leader Andrea Horwath said there will be a “skeleton crew” of MPPs to avoid travel and keep numbers down to allow for social distancing in the legislature.

“If it’s not completely everything we want but it’s headed in the right direction we certainly are going to be considering that,” Horwath said of the legislation, which she wants to include broad protections for workers.

Ford announced $304 million in “surge funding” to bolster the health-care system with an additional 75 critical-care beds, 500 post-acute care beds, and another 25 COVID-19 assessment centres at hospitals to keep potential patients out of emergency departments.

“We’re backing up our front-line public health workers with more resources for monitoring and testing,” the premier added.

“We’re purchasing more personal protective equipment like masks, gloves, surgical gowns for our nurses, doctors, and personal support workers as well as more ventilators.”

Nursing homes will share in the funding to augment infection control measures and cleaning and support in screening staff and visitors for the new coronavirus to help protect the vulnerable residents, who are at high risk for complications like potentially fatal pneumonia.

The surge funding includes money for 1,000 nurses and 1,000 personal support workers to help look after COVID-19 patients.

“We’re also providing funds for 50 physicians to cover emergency departments, urgent care, and primary care and Indigenous, northern, rural, and remote communities,” Ford said, calling it the first step in financial supports.

“We will spare no expense to support Ontarians in need,” he said.

Liberal Leader Steven Del Duca said he supported the premier’s emergency declaration.

“We must do everything we can to protect the people of Ontario,” said Del Duca.

“These are unprecedented times, but I have confidence that Ontarians will rise to the challenge,” he said.

Prince Edward Island declared a public health emergency on Monday.

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