On November 30, 2021 the Ontario Government passed Bill 27, Working for Workers Act, 2021, which received Royal Assent yesterday - December 2, 2021. Bill 27 amends the Employment Standards Act, 2000, Occupational Health and Safety Act, Workplace Safety and Insurance Act, 1997, Employment Protection for Foreign Nationals Act, 2009, Fair Access to Regulated Professions and Compulsory Trades Act, 2006, and Ministry of Agriculture, Food and Rural Affairs Act.
On October 25, 2021, the Ontario Government introduced Bill 27, Working for Workers Act, 2021. If passed, Bill 27 will amend the Employment Standards Act, 2000, Occupational Health and Safety Act, Workplace Safety and Insurance Act, 1997, Employment Protection for Foreign Nationals Act, 2009, Fair Access to Regulated Professions and Compulsory Trades Act, 2006, and Ministry of Agriculture, Food and Rural Affairs Act. This briefing note summarizes the key proposed amendments. Regulations will also be passed in due course.
Service Canada has published updated information to help employers issue records of employment (“ROE”s) for employees during the COVID-19 pandemic. This includes when an employee either does not report to work or is dismissed because they refuse the COVID-19 vaccination.
There have been a number of important COVID-19 updates within the past few days. We’ve summarized them in this Briefing Note. If you would like to learn more or need assistance, please contact us.
O. Reg 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step requires any business or organization open for business, to operate “in compliance with the advice, recommendations and instructions of public health officials…”. (emphasis added)
On August 20, 2021, the Medical Officer of Health for Toronto (MOHT) issued a “strong recommendation” that every local business implement a COVID-19 vaccination policy. The City of Toronto has also provided guidance on the key components of such a policy.
On June 30, 2021, the Office of the Chief Medical Officer of Health for Ontario updated its COVID-19 Screening Tool for Businesses and Organizations (Screening Workers). Every business or organization must ensure a worker is actively screened each day before the worker enters the workplace or starts their shift, regardless of vaccination status.
July 1, 2021 O. Reg. 420/21: Notices and Reports under Sections 51 To 53.1 of the Act - Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents under the Ontario Occupational Health and Safety Act (“Regulation 420/21”) came into effect, to streamline the notice and reporting requirements under the Occupational Health and Safety Act (“OHSA”).
As COVID-19 numbers continue to drop across Canada, there is increasing optimism that provinces, territories and borders will “open up”. In this “open” environment, an individual’s vaccination status may become highly relevant, and it will be imperative to ensure this information is up-to-date, accurate and accessible. The attached briefing note outlines the steps an individual can take to update their records if they received one or more doses of the COVID-19 vaccine outside their home province or territory, or Canada.
This week, the Ontario Superior Court of Justice (Divisional Court) set aside a decision of the Ontario Labour Relations Board (“OLRB”) in which the OLRB ruled that payroll means only Ontario payroll for purposes of severance pay entitlement under the province’s employment standards legislation. Describing the OLRB’s decision as “unreasonable”, “illogical” and “flawed”, the Divisional Court held the calculation of payroll includes an employer’s global payroll.
Six weeks after the Superior Court ruled a COVID-19-related temporary layoff deemed to be an Infectious Disease Emergency Leave (“IDEL”) could constitute a constructive dismissal under the common law, the same court (different judge) ruled the exact opposite. The latter decision, of Justice Jane Ferguson, dismisses the former as “wrong in law” and lacking in “common sense”. This stunning clash of two decisions of the same high ranking Ontario court will very likely make its way to the Court of Appeal for Ontario, and perhaps even to the Supreme Court of Canada. The stakes are high for all parties concerned and clarity is needed.
On May 29, 2020, the Government of Ontario introduced a regulation under the Employment Standards Act, 2000 (“ESA”) that provided relief to any employer that had temporarily laid off or reduced the wages and/or hours of a non-union employee due to COVID-19. The regulation largely exempts any such layoff or reduction from being deemed a termination of employment, such that there is no obligation to provide ESA notice or severance pay. The employee is deemed to be on an Infectious Disease Emergency Leave (“IDEL”).
Our April 30, 2021 briefing note addressed key components of Ontario’s paid Infectious Disease Emergency Leave (IDEL). A follow-up briefing note on May 10, 2021 answered FAQ from clients.
As we indicated in these notes, employer reimbursement of paid IDEL will be facilitated by Ontario’s Workplace Safety and Insurance Board through the COVID -19 Worker Income Protection Benefit Program. The portal through which an employer may apply for reimbursement is now open and can be accessed here.
A recent decision of the Ontario Superior Court, Coutinho v. Ocular Health Centre, could open the floodgates to constructive dismissal claims against employers from employees temporarily laid off as a result of the COVID-19 pandemic. Our Briefing Note breaks down the decision for employers.
On April 29, 2021, the Government of Ontario passed Bill 284, the COVID-19 Putting Workers First Act, 2021. The legislation amends the Ontario Employment Standards Act, 2000 (“ESA”) to provide time off (paid and unpaid) for COVID-19 related matters including vaccination.
On April 30, 2021, we published a briefing note to address key components of Bill 284. We now share with you common questions we have received from clients (not already addressed in the initial briefing note).
On April 29, 2021, the Government of Ontario passed Bill 284, the COVID-19 Putting Workers First Act, 2021. The legislation amends the Ontario Employment Standards Act, 2000 to provide time off (paid and unpaid) for COVID-19 related matters including vaccination. Bill 284 has important implications for Ontario employers. The key amendments, now in force, are set out in the attached briefing note.
Further to our earlier briefing note on this topic, the City of Toronto class order is now available. While many of the requirements are similar to that in the Peel class order, there are some differences. The attached briefing note specifically summarizes the requirements applicable in the City of Toronto.
Both the Region of Peel and City of Toronto have introduced a class order to mandate workplace closure to control the spread of COVID-19. The class orders take effect Friday, April 23, 2021.
With COVID-19 vaccination within reach for most Canadians, many employers want to know if they can require employees and, in some cases, customers to be vaccinated once vaccines are readily available. Employers are also uncertain about the information they can collect about vaccination and whether widespread vaccination in the workplace means fewer health and safety protocols such as distancing, masking, disinfecting, etc.
On January 1, 2021, the new Work Place Harassment and Violence Prevention Regulations (the “Regulation”) and associated changes to the Canada Labour Code (“Code”) came into force. The Regulation and amendments to the Code place substantial obligations on a federally-regulated employer to implement preventative and protective measures to address workplace violence and harassment.
In response to the COVID-19 pandemic, the Government of Ontario declared a second provincial emergency under the Emergency Management and Civil Protection Act (EMCPA), effective January 12, 2021. This declaration of emergency will automatically terminate in 14 days unless terminated earlier or extended. The declaration of a provincial emergency allows the Government to make new emergency orders under the EMCPA, including the enactment of a new enforcement order.
The City of Toronto’s Public Health unit has issued a Letter of Instruction to all employers in the City permitted to be open under the Reopening Ontario Act. The Letter requires every employer to take additional measures to reduce the spread of COVID-19.
