Health Minister Robin Swann has opted to extend his department's powers under the Coronavirus Act for a further six months.
Mr Swann said he has "no plans and certainly no desire" to introduce any further Covid restrictions but he has been advised the risk of a new variant "cannot be excluded".
The UUP minister said there is "considerable uncertainty" as to whether he would be able to unilaterally introduce any new restrictions in the continuing absence of Stormont power-sharing.
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But he warned that allowing the powers to expire "could bind the hands of future ministers and the next Executive".
DUP Agriculture Minister Edwin Poots said his party's ministers will be writing to Mr Swann to oppose the planned extension.
Emergency powers, including over domestic restrictions and international travel regulations, were granted in the Coronavirus Act 2020 to allow the Department of Health to deal with public health risks caused by the pandemic.
They were first extended in March earlier this year until September 24.
Stormont has been in limbo for months with the DUP blocking the establishment of a new Executive in protest over Brexit's Northern Ireland Protocol.
Most ministers from the previous administration remain in post in a limited caretaker capacity.
In a statement to MLAs, Mr Swann said: "In the continuing absence of a functioning NI Executive, it has again fallen to me as Health Minister to decide whether to extend these powers for a further period."
The minister said he had received legal advice that extending the Coronavirus Act (CVA) order "is not considered significant or controversial".
He added: “However, actually making restrictions regulations under the CVA powers could be deemed significant or controversial, depending on their content and all relevant circumstances, simply extending the powers to make regulations for six months is not.
“I have no plans and certainly no desire to introduce any further restrictions.
“I am extremely hopeful that the question will not arise, given the trajectory of the pandemic, the success of our vaccination campaign and the effective Covid-19 treatments now available through the health service.
“Furthermore, there is at the very least considerable uncertainty as to whether I would have the power to unilaterally introduce fresh restrictions, in the absence of an Executive.
“It is one thing to retain the powers to make regulations, it would be another matter entirely to decide to use such powers.”
Mr Swann said allowing the powers to lapse would put Northern Ireland out of alignment with the rest of the UK "in the event that health protections measures are needed to be brought in at pace in response to a new Covid-19 variant of concern".
He said he had opted for a six-month extension after "due deliberation".
Mr Swann said he had asked his officials to draft the necessary order to ensure the legislation can take legal effect upon the Assembly’s approval.
Mr Poots told the BBC's Nolan Show he believed some of the powers used in the past were "excessive".
He said: "Most of us, certainly in our party, don’t believe that this extension is necessary and therefore the regulations are necessary and that Robin Swann would be better concentrating on other things.
"The problem is some of the powers that were used in the past, we believe, were excessive and it gives somebody the ability to use excessive powers."
But UUP MLA Alan Chambers, the party's health spokesperson, said the DUP's stance was "unbelievable".
He said: "Do they actually realise what they are saying? They are arguing for a health border down the Irish Sea, denying the people in this part of the United Kingdom the same health protections that are available in England, Scotland and Wales.
“The DUP have a long and dismal record of attempting to put obstacles in the way of the Health Minister throughout the course of the Covid pandemic and unfortunately this is carrying through to today.
"What Robin has proposed is an insurance policy which we never want to use. To do otherwise could leave us exposed in a way which would be grossly irresponsible."
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