April 26, 2021

A brief note on paid sick leave: You are probably aware that the government of Ontario has issued various statements about a review of paid sick leave regulations and that an announcement will be made shortly. I will keep you up to date with any information I receive and what impact it may have on you and your business.

In the meantime, if you have a workplace in the Peel or Toronto Public Health Regions, you should be aware of the new orders that have been released by the public health officers in those regions

Public health offices are mandated to “superintend, provide or ensure…health protection and disease and injury prevention” under the Health Protection and Promotion Act and last week the Peel and Toronto offices issued notification that physical workplaces reporting five or more COVID-19 cases within a period of 14 calendar days may be ordered to close their physical workplaces for at least 10 days.

NOTE: You may have seen news reports that highlight the application of these orders to workplaces with five or more cases of COVID-19, but it is important to be aware that there are also obligations for workplaces reporting fewer than five cases of COVID-19.

The Toronto order is slightly broader than the Peel Region order because it includes both “confirmed and probable cases of COVID-19,” while the Peel Region order refers only to “laboratory-confirmed COVID-19 cases”. There is no definition of “Probable” in the Toronto order. 

Neither of these orders applies to workers operating remotely, as the purpose and intent is to prevent in-person transmission at physical workplaces. This is consistent with the provincial Stay-at-Home Order that requires Ontario employers to ensure that all employees work remotely unless the nature of their work requires them to be on-site in the workplace. 

These Toronto and Peel Region orders went into effect on Friday, April 23 and apply to most physical workplaces in the regions, with a limited number of exceptions, noted below.

Peel Region 

The Regional Municipality of Peel includes Mississauga, Brampton, and the Town of Caledon. The order issued on April 20 imposes a number of duties on “owners or occupiers of a workplace premises or persons responsible for a business or organization.”

The rules under the order went into effect on Friday, April 23, at 12:01 a.m and state that physical workplaces may be ordered to temporarily close by Peel Public Health for at least 10 days where: 

• the workplace premises has had five or more laboratory-confirmed cases of COVID-19;
• the cases have occurred within the previous 14-calendar-day period, 

And where:

• the cases could reasonably have acquired their infection in the workplaces premises; or 
• where no obvious source of infection has been identified outside of the workplace premises. 

Where these conditions are met, Peel Public Health has authority to issue a notice directing the workplace to close all or parts of the physical workplace premises and also reserves the right to require that workplaces take additional interventions as are necessary in the circumstances.

Where a workplace receives such notice, the owners or occupiers of the workplace premises, or persons responsible for the organization, must communicate certain instructions to all workers impacted by the closure. These instructions are specifically set out in the order: 

• COVID-19-positive workers must self-isolate per the region’s February 24 order (view »» here)
• Non-symptomatic workers in a workplace ordered to close must self-isolate for 10 calendar days, or for as long as the workplace is ordered to close
• Workers of a closed workplace cannot work at another workplace during isolation
• Symptomatic workers should be tested as soon as possible from symptoms
• Workers who test positive for COVID-19 should notify their employers immediately
• Non-symptomatic workers should be encouraged to be tested regardless

Instructions must be posted at the entrance of the premises and be visible to the public. 

Where a physical workplace is ordered to close, the order does allow “access” to the workplace under limited circumstances, notably for accessing goods or supplies or dealing with “critical matters” that cannot be attended to remotely. 

Exemptions
Certain workplaces are specifically exempt from the order: 

• Schools/childcare
• Pharmacies
• Healthcare facilities, including vaccination clinics
• Shelters
• First responder emergency services such as fire, paramedics, police and their communication services
• Critical infrastructure such as water/wastewater treatment facilities, utilities, telecommunications and IT, transportation, and energy
• Government services
• Services required to maintain the health of animals
• Other workplace premises exempted from closure by Peel Public Health

Obligations for workplaces with fewer than five cases
Physical workplaces that report two or more cases of COVID-19 within a 14 calendar-day period must take the following measures: 

• Prepare a list of close contacts of these persons and provide the list to Peel Public Health, when requested;
• Maintain a log of all persons who attend on the workplace premises and make this log available if requested by Peel Public Health for contact tracing purposes;
• Notify the Ontario Ministry of Labour, Training and Skills Development and Workplace Safety and Insurance Board or other relevant governmental authorities;
• Provide contact details of the most senior decision-maker at the workplace premises;
• Be readily available for contact by Peel Public Health to implement any additional measures immediately as required by Peel Public Health; and,
• Cooperate with infection prevention and control personnel from Peel Public Health.

The full Order can be viewed or downloaded from this link on the the Peel Region website:
https://peelregion.ca/coronavirus/_media/class-order-section-22.pdf

Toronto Public Health Region 

Similar to the Peel Region, the City of Toronto Health Unit issued a workplace order under the Health Protection and Promotion Act that went into effect Friday, April 23, at 12:01 a.m. 

With limited exceptions, the order applies to all persons who own, operate, or occupy a workplace in Toronto, as well as workers in those workplaces. As in Peel Region, “workplace” means a physical location, not work done remotely.

The Toronto Public Health has the authority to require workplaces to close for at least 10 calendar days where: 

• the workplace has five or more confirmed or probable cases of COVID-19; and
• the cases have occurred within a 14-calendar-day period.

Where these conditions are met Toronto Public Health may, in its judgment, issue a notice requiring all or parts of the workplace to close for at least 10 days. Toronto Public Health decides when a closure is needed. 

Owners, operators, or occupiers must post signage, in a form provided by Toronto Public Health, at all entrances where the workplace is ordered to fully close, indicating the workplace is closed.

Nothing in the order precludes workplaces from operating remotely and the following workplaces may be exempt:

• first responder emergency services such as fire, paramedics, police and their communication services
• shelters
• critical infrastructure such as water/wastewater treatment facilities, utilities, telecommunications and IT, transportation, and energy
• public-facing or other critical government services
• services required to maintain the health of animals
• other workplaces as determined by Toronto Public Health for reasons of health, safety or otherwise where in the public interest

Obligations for workplaces with fewer than five cases
Owners, operators, or occupiers must notify Toronto Public Health via the online COVID-19 Workplace Reporting Tool as soon as they become aware of: 

• two or more individuals who test positive for COVID-19 within a 14-calendar-day period; and
• five or more individuals who test positive for COVID-19 within a 14-calendar-day period.

The full Order can be viewed or downloaded from this link on the the City of Toronto website:
https://www.toronto.ca/wp-content/uploads/2021/04/9710-21-04-22-Workplace-class-order-closures.pdf

Also, some further information on Stay-at-Home order restrictions.

April 19, 2021

AstraZeneca COVID-19 Vaccine

Ontario’s Chief Medical Officer of Health issued the following statement today:

“Starting Tuesday, April 20, 2021, Ontario will offer the AstraZeneca COVID-19 vaccine to individuals aged 40 and over at pharmacy and primary care settings across the province.“

The full published statement can be found at »» this link on the government of Ontario website.

The list of pharmacies offering the vaccine is available at this page on the government of Ontario website: https://covid-19.ontario.ca/vaccine-locations

All Health Canada information about the AstraZeneca COVID-19 vaccine can be found through this page on the government of Canada website: https://www.canada.ca/en/health-canada/services/drugs-health-products/covid19-industry/drugs-vaccines-treatments/vaccines/astrazeneca.html
 

Revisions to Stay-at-Home Order restrictions

Playgrounds

While there have not been any official announcements by the government, the Premier on Saturday said through his twitter account that the regulations announced on Friday prohibiting gathering at playgrounds will not take effect:

• “Our regulations will be amended to allow playgrounds, but gatherings outside will still be enforced. Play outside safely. Parents keep your distance & wear masks if you can’t,”

Police powers

Similarly, Solicitor-General Sylvia Jones issued a statement clarifying the regulations announced Friday permitting police to question citizens about their public movements. The statement reads:

• “If a police officer or other provincial offences officer has reason to suspect that you are participating in an organized public event or social gathering, they may require you to provide information to ensure you are complying with restrictions.”

If you are interested in further information about the measures announced by Premier Ford on Friday, a list of all restrictions and regulations including hours for retail operations can be found at this page on the Ontario government website: https://covid-19.ontario.ca/zones-and-restrictions

April 12, 2021

I thought you might find this information about school attendance relevant as you plan staffing schedules in the coming weeks and in light of the new stay at home order and other restrictions.

The government today announced that:

“All publicly funded and private elementary and secondary schools in the province are to move to teacher-led remote learning when students return from the April break on April 19, 2021. Private schools operating in-person this week are to transition to remote learning by April 15, 2021.“

The full text of the announcement below can be found at »» this link on the government of Ontario website.

Yours truly

James

April 7, 2021

As anticipated, the Premier of Ontario today declared a third provincial emergency and announced a stay at home order which will begin April 8 at 12:01am.

I have noted some of the restrictions and regulations here.

The full text of the announcement can be found at »» this link on the government of Ontario website.

Retail

• Non essential retailers will be allowed to operate only for pick up and delivery by appointment.
• Malls will have limited access restricted to specified purposes, including curbside pick-up and delivery, via appointment, with only one designated location inside the shopping mall and any number of designated locations outside the shopping mall.
• Discount and big box stores will be open for in-person sales but restricted to grocery items, pet care supplies, household cleaning supplies, pharmaceutical items, health care items, and personal care items only.
• Outdoor garden centres and plant nurseries, and indoor greenhouses that engage in sales to the public, will be permitted with a 25 per cent capacity limit.
• Specified types of retailers and services will be open, with some restrictions, for in-person service. These include:
  • safety supply stores 
  • businesses that primarily sell, rent or repair assistive devices, aids or supplies 
  • rental and leasing services
  • optical stores
  • businesses that sell motor vehicles, boats and other watercraft
  • vehicle and equipment repair and essential maintenance and vehicle and equipment rental services, and
  • retail stores operated by a telecommunications provider or service
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Education
Schools and child care will remain open for in-person care and learning in public health regions where it is permitted, with strict safety measures in place.

Workplace Inspections
The announcement notes that “Health and Safety inspectors and provincial offenses officers will increase inspections and enforcement at essential businesses in regional hot zones to continue protecting essential workers while on the job”.

Solicitor General Sylvia Jones emphasized the government’s advice that any employee who can work at home should be working at home.

The announcement also provides updated information about vaccinations and rapid testing.

April 1, 2021

The Premier of Ontario today announced that the government is implementing a province wide ’emergency brake’ to address the recent surge in case numbers and COVID-19 hospitalizations. 

This is different from the full shutdown that was put in place December 26, 2020 and similar in many aspects to the grey lockdown protocols that some public health regions are operating under today.

The emergency brake will be effective Saturday, April 3, 2021, at 12:01 a.m. and the government intends to keep this in place for at least four weeks. 

The announcement also states that employers in all industries should make every effort to allow employees to work from home.

I have summarized some of the restrictions of the emergency brake for you below, followed by the full text of the announcement.

Measures in the emergency brake include, but are not limited to:

• Prohibiting indoor organized public events and social gatherings
• Limiting the capacity for outdoor organized public events or social gatherings to a 5-person maximum, except for gatherings with members of the same household (the people you live with) or gatherings of members of one household and one other person from another household who lives alone.
• Restricting in-person shopping in all retail settings:
  • 50 per cent capacity limit for supermarkets, grocery stores, convenience stores, indoor farmers’ markets, other stores that primarily sell food and pharmacies, and
  • 25 per cent capacity for all other retail including big box stores, along with other public health and workplace safety measures;
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• Prohibiting personal care services;
• Prohibiting indoor and outdoor dining. Restaurants, bars and other food or drink establishments will be permitted to operate by take-out, drive-through, and delivery only;
• Prohibiting the use of facilities for indoor or outdoor sports and recreational fitness (e.g., gyms) with very limited exceptions;
• Requiring day camps to close; and,
• Limiting capacity at weddings, funerals, and religious services, rites or ceremonies to 15 per cent occupancy per room indoors, and to the number of individuals that can maintain two metres of physical distance outdoors. This does not include social gatherings associated with these services such as receptions, which are not permitted indoors and are limited to five people outdoors.

Ontarians are asked to limit trips outside the home to necessities such as food, medication, medical appointments, supporting vulnerable community members, or exercising outdoors with members of their household.

The full text of the News release can be found at »» this link on the government of Ontario website.

March 5, 2021

The provincial government has announced that the three public health regions still under Stay-at-Home orders – Toronto, Peel, North Bay-Parry Sound – will be moving to the revised Grey-Lockdown level beginning Monday, March 8, 2021 at 12:01 a.m.

Seven other regions will also be moving to new levels.

Additionally, the Toronto Medical Officer of Health has implemented a Section 22 Class Order that details explicit instructions for employers in the region.

I have provided top line summaries for you followed by the full text of both News Releases.

Revised Grey Zone Level

While the the Grey Level – lockdown does loosen some restrictions, a number remain in place: 

• Indoor and outdoor dining service at restaurants remains prohibited
• Sports and indoor recreational fitness facilities remain closed, with limited exceptions
• Team sports, including shinny, remain prohibited at outdoor recreational amenities
• Meeting and event spaces remain closed
• Personal care services like hair and nail salons remain closed
• Indoor cinemas and performing arts facilities remain closed to the public and may be utilized only in limited circumstances

Other regions changing levels

These seven public health regions will be moving to the zones/levels indicated:

Red-Control

• Peterborough Public Health;
• Public Health Sudbury and Districts; and
• Simcoe-Muskoka District Health Unit.

Orange-Restrict

• Haldimand-Norfolk Health Unit; and
• Timiskaming Health Unit.

Yellow-Protect

• Haliburton, Kawartha, Pine Ridge District Health Unit; and
• Renfrew County and District Health Unit.

Toronto Section 22 Class Order

Employers should be aware of the requirements in the city’s Class Order which are complementary to – but distinct from – the provincial Grey Level regulations.

Under the Section 22 Class Order, all persons who own or operate a workplace will be required to comply with additional public health measures, including the following, during the period in which the workplace is in an active outbreak of COVID-19:

1. Ensure the use of masks by every worker in the workplace at all times for the duration of the outbreak. The only exceptions are if a worker is eating or drinking or other limited exemptions.
2. Follow Toronto Public Health instructions pertaining to COVID-19 testing for workers.
3. For a workplace common area (i.e. washrooms, lunch rooms, change rooms):
   • ensure that 2 meters distance between workers can be maintained;
   • limit capacity to 25% of maximum occupancy; and
   • post signage indicating the maximum number of people permitted in each common area.
4. Provide contact information for a designated contact person at the workplace to manage communications and implement any additional measures as required by Toronto Public Health.
5. Maintain a record of every worker that attends the workplace during the outbreak.
6. Comply with instructions from infection prevention and control personnel from Toronto Public Health, including allowing entry into the workplace for inspection and to support enhanced infection prevention and control measures.
7. Post Toronto Public Health signage about physical distancing, hand washing and mask wearing.

Failure to comply with the Class Order may result in enforcement action, including a fine of $5,000 for an individual or $25,000 for a corporation for every day or part of each day for which non-compliance occurs or a ticket in the amount of $750.

The full text of the News Release can be found at »» this link on the government of Ontario website.

March 3, 2021

Prime Minister Justin Trudeau and Deputy Prime Minister and Minister of Finance Chrystia Freeland today announced an extension of COVID-19 emergency economic benefits through June 5, 2021.

This extension includes the Canada Emergency Wage Subsidy, the Canada Emergency Rent Subsidy and the Lockdown Support.
 
This means that the following rates of support will remain in place until June 5:

• The maximum base wage subsidy rate for active employees would remain at 40%, and the maximum top-up wage subsidy rate for employers most adversely impacted by the pandemic would remain at 35% making the maximum combined wage subsidy rate 75%.
• The maximum rent subsidy rate would remain at 65%.
• Lockdown Support would remain at 25% and continue to be provided in addition to the rent subsidy, providing eligible hard-hit businesses with rent support of up to 90%.

The full government statement and detailed breakdowns of revenue-decline reference periods and guidelines can be found on this page of the Government of Canada website: Government Announces Wage and Rent Subsidy Amounts to Remain Unchanged Through to June

February 23, 2021

New health and safety education campaigns to help small businesses in the province reopen safely have been announced, in conjunction with inspections from provincial offences officers who will be visiting businesses and carrying out inspections in regions opening into grey, red and orange zones.

Educational resources available include:

• Free webinars on how to operate a business safely, and comply with health and safety requirements, during COVID-19.
• A free 30-minute online course on infection prevention and control provided by the Public Services Health and Safety Association. 
• Provincial Employment Standards Call Centre (webes@ontario.ca) and Occupational Health and Safety Contact Centre (webohs@ontario.ca) to answer small business health and safety questions.

Extension of Federal Benefits

At his Feb. 19 press conference, Prime Minister Justin Trudeau said the government will introduce regulatory and legislative amendments to increase the number of weeks available for benefits under the Canada Recovery Benefit (CRB) and the Canada Recovery Caregiving Benefit (CRCB) by 12 weeks, thus extending the maximum duration of the benefits to 38 weeks. The number of weeks available under the Canada Recovery Sickness Benefit (CRSB) would also be increased to four weeks from the current two.

The proposed changes would also increase the number of weeks of EI regular benefits available by up to 24 weeks to a maximum of 50 weeks for claims that are made between Sept. 27, 2020, and Sept. 25, 2021.

The full government of Canada News Release can be found »» at this link.

The full government of Ontario News Release can be found »» at this link.