Page - 113 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

113The Federal Emergencies Act: A Hollow Promise in the Face of COVID-19? of long-term care workers abandoning their roles, leaving patients dehydrated, hungry, and laying in squalor, the federal government has issued guidelines for COVID-19 infection control recommending (inter alia) that long-term care homes limit visitors and staff wear face masks and don robust personal protective equipment when assisting symptomatic residents.28 Besides guidelines, the federal government has offered financial support to boost the incomes of workers so they don’t need to work in multiple facilities. We contend there is a public health case for more robust federal measures beyond “guidance” and offers of funding. The Emergencies  Act could and should be used to (temporarily through the pandemic) require that optimal personal protective equipment is available and mandatory where appropriate, in long-term care homes and other facilities.29 This would allow the federal government to temporar- ily upgrade its guidelines to enforceable national rules. But we note again the limitations of the Act, which does not empower the federal government, even if it has declared an emergency, to mandate uni- form testing of long-term care workers. Conclusion As the pandemic outbreak evolves, it is possible other usages of the Emergencies  Act beyond the three-case scenarios presented here (pro- tecting residents and workers in long-term care homes, lockdown, and contact tracing) will emerge. Our aim has been to identify areas where the Act might arguably be used to address matters that have eclipsed the ability or the willingness of provinces to respond, as well as identify legal barriers and pragmatic limitations. Much of the media discussion seems to assume that use of the Emergencies  Act  will necessarily be draconian. In fact, the Act could <https://www.theglobeandmail.com/canada/article-with-an-early-focus-on- seniors-residences-kingston-has-so-far/>. 28. Government of Canada,  Infection  Prevention  and  Control  for  COVID-19:  Interim  Guidance  for  Long  Term  Care  Homes (Ottawa: Government of Canada, 8 April 2020), online: Government  of  Canada <https://www.canada.ca/en/public-health/services/ diseases/2019-novel-coronavirus-infection/prevent-control-covid-19-long-term- care-homes.html#a6.3.1>. 29. Canadian Federation of Nurses Unions, Press Release, “Canada Must Act Urgently to Protect all Health Care Workers, Before it’s too Late”, Silas Tells Federal Health Committee” (7 April 2020), online: Canadian Federation of Nurses Unions <https:// nursesunions.ca/canada-must-act-urgently-to-protect-all-health-care-workers- before-its-too-late/>.