The government of Ontario has extended the deadline for filing an accessibility compliance report from December 31, 2020 to June 30, 2021.
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing, implementing, and enforcing accessibility standards to make Ontario more accessible and inclusive by 2025.
You must submit an accessibility compliance report if you are: • a business or non-profit organization with 20 or more employees • a public-sector organization
The compliance report confirms that businesses have met their current accessibility requirements under the AODA. Consequences for failing to complete an accessibility compliance report can include financial penalties.
NOTE: While the deadline to file the report has been extended, the timelines for compliance have not changed.
Websites: Beginning January 1, 2021, the requirement to ensure all public websites and web content posted after January 1, 2012 meets WCAG 2.0 Level AA, (with limited exceptions) applies for:
private or non-profit organization with 50+ employees or
public sector organizations
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More information on the web accessibility requirements and deadline can be found on the Ontario government website: How to make websites accessible
As had been widely expected, the government of Ontario today announced a province-wide shutdown that will go into effect as of Saturday, December 26, 2020, at 12:01 a.m.
A new support grant program was also announced to assist small businesses required to close or restrict services under the shutdown.
The government is advising that employers in all industries should make every effort to allow employees to work from home.
I am providing a brief summary for you with the full News Release following.
General All Ontarians are advised to stay home as much as possible with trips outside the home limited to necessities such as food, medication, medical appointments, or supporting vulnerable community members.
These measures will override any restrictions currently in place. The impacts of the shutdown measures will be evaluated throughout 14 days in Northern Ontario and 28 days in Southern Ontario to determine if it is safe to lift any restrictions or if they need to be extended.
Measures in the shutdown include, but are not limited to:
Gatherings: The shutdown restricts indoor organized public events and social gatherings, except with members of the same household (the people you live with). Individuals who live alone may consider having exclusive close contact with one other household.
Shopping: In-person shopping in most retail settings will be prohibited. Curbside pickup and delivery can continue. Discount and big box retailers selling groceries will be limited to 25 per cent capacity for in-store shopping. Supermarkets, grocery stores and similar stores that primarily sell food, as well as pharmacies, will continue to operate at 50 per cent capacity for in-store shopping.
Shopping Malls: Indoor access to shopping malls will be restricted. Patrons may only go to a designated indoor pickup area (by appointment only), essential retail stores that are permitted to be open (e.g. pharmacy, grocery store), or, subject to physical distancing and face covering requirements, to the food court for takeout purchases. Shopping malls may also establish outdoor designated pickup areas.
Dining: Restaurants, bars and other food or drink establishments will be permitted to operate by take out, drive-through, and delivery only. Indoor and outdoor dining is prohibited.
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Schools All publicly funded and private elementary and secondary schools are to move to teacher-led remote learning when students return from the winter break on January 4, 2021.
Schools in some Northern Public Health Unit regions can resume in-person instruction on January 11, 2021 for both elementary and secondary students. In all other Public Health Unit regions, elementary school students are planned to be able to return to in-person learning on January 11, 2021, and secondary school students will continue learning remotely until January 25, 2021.
Small Business Support Grant
The new Ontario Small Business Support Grant will provide a minimum of $10,000 and up to $20,000 to eligible small business owners to help navigate this challenging period.
The grant can be used in whatever way makes the most sense for each individual business, including paying employee wages and/or rent.
Eligible small businesses include those that:
Are required to close or significantly restrict services subject to the Provincewide Shutdown effective 12:01 a.m. on December 26, 2020;
Have less than 100 employees at the enterprise level; and
Have experienced a minimum of 20 per cent revenue decline in April 2020 compared to April 2019.
The grant provides businesses with dollar for dollar funding to a maximum of $20,000 to help cover decreased revenue expected as a result of the Provincewide Shutdown. The business must demonstrate they experienced a revenue decline of at least 20 per cent when comparing monthly revenue in April 2019 and April 2020.
Essential businesses that are allowed to remain open will not be eligible for this grant.
More information about the Ontario Small Business Support Grant is available here. Further details, including how to apply, will be announced in January 2021.
Businesses that are impacted by the Provincewide Shutdown will also be eligible for the property tax and energy cost rebates previously announced. More information can be found on the government website: Get COVID-19 relief funding for your business
TORONTO — As COVID-19 cases continue to rise at an alarming rate, the Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, is imposing a Provincewide Shutdown. Additional restrictions will be put into place and reinforce that Ontarians should stay at home as much as possible to minimize transmission of the virus and prevent hospitals from becoming overwhelmed. The Provincewide Shutdown will go into effect as of Saturday, December 26, 2020, at 12:01 a.m.
Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Stephen Lecce, Minister of Education, Dr. David Williams, Chief Medical Officer of Health, and Dr. Naveed Mohammad, President and CEO, William Osler Health System.
“The number of daily cases continue to rise putting our hospitals and long-term care homes at risk,” said Premier Ford. “We need to stop the spread of this deadly virus. That’s why, on the advice of Dr. Williams and other health experts, we are taking the difficult but necessary decision to shutdown the province and ask people to stay home. Nothing is more important right now than the health and safety of all Ontarians.”
In response to these exceptional circumstances, the Provincewide Shutdown would put in place time-limited public health and workplace safety measures similar to those in other jurisdictions. It would help stop the trend of high COVID-19 transmission in communities, preserve health system capacity, safeguard vulnerable populations and those who care for them, and save lives. Measures include, but are not limited to:
Restricting indoor organized public events and social gatherings, except with members of the same household (the people you live with). Individuals who live alone may consider having exclusive close contact with one other household.
Prohibiting in-person shopping in most retail settings – curbside pickup and delivery can continue. Discount and big box retailers selling groceries will be limited to 25 per cent capacity for in-store shopping. Supermarkets, grocery stores and similar stores that primarily sell food, as well as pharmacies, will continue to operate at 50 per cent capacity for in-store shopping.
Restricting indoor access to shopping malls – patrons may only go to a designated indoor pickup area (by appointment only), essential retail stores that are permitted to be open (e.g. pharmacy, grocery store), or, subject to physical distancing and face covering requirements, to the food court for takeout purchases. Shopping malls may also establish outdoor designated pickup areas.
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.
On the advice of the Chief Medical Officer of Health, all Ontarians are advised to stay home as much as possible with trips outside the home limited to necessities such as food, medication, medical appointments, or supporting vulnerable community members. Employers in all industries should make every effort to allow employees to work from home.
The current COVID-19 Response Framework will be paused when the Provincewide Shutdown comes into effect. The impacts of these time-limited measures will be evaluated throughout the 14 days in Northern Ontario and 28 days in Southern Ontario to determine if it is safe to lift any restrictions or if they need to be extended. The Chief Medical Officer of Health will assess and apply lessons learned thus far to the COVID-19 Response Framework to ensure appropriate and effective measures are in place to protect the health of Ontarians and enable economic recovery after the Provincewide Shutdown ends. This will include an assessment of how a revised approach for the safe reopening of retail may be operationalized, according to the latest available evidence.
“This was not an easy decision before the holidays, but we have reached a tipping point,” said Minister Elliott. “We continue to see sharp increases in hospitalizations and occupancy in intensive care units is reaching concerning levels. Urgent action must be taken to prevent our health care system from becoming overwhelmed. By implementing a Provincewide Shutdown, we can work to stop the virus in its tracks, safeguard hospital capacity, and save lives.”
The government is also providing $12.5 million to implement a High Priority Communities Strategy to contain the virus in high-risk communities. The strategy will take a tailored, community-based approach to fund community agencies in 15 priority communities in the York, Peel, Durham, Ottawa, and Toronto regions. The funding will also allow for the hiring of community ambassadors to make people aware of available services and assistance, for coordination of increased testing opportunities and for the arrangement of wraparound supports for those who are COVID-positive. Additional funding of $42 million will also be available to establish isolation centres.
The province will work with our local municipal partners to establish new isolation centres to help those who may need to isolate following testing.
“We continue to see the number of cases in the province grow and the trends in public health indicators worsen. Additional measures are needed provincewide in order to interrupt this concerning growth,” said Dr. Williams. “We must work together to enable everyone to follow these new and time-limited restrictions and protect our health system and our communities.”
The government is working to limit the transmission of COVID-19 in workplaces by supporting essential businesses in doing whatever is necessary to keep workers safe. The Ministry of Labour, Training and Skills Development is leading a multi-ministry COVID-19 Safety Team. The team will partner with local authorities to carry out additional enforcement blitzes in sectors where they are needed most.
New School Protocols
While transmission in schools remains low, all publicly funded and private elementary and secondary schools are to move to teacher-led remote learning when students return from the winter break on January 4, 2021. This action is being taken in support of the Government’s broader efforts to limit the spread of COVID-19.
Schools located in the following Public Health Unit regions can resume in-person instruction on January 11, 2021 for both elementary and secondary students:
The District of Algoma Health Unit
North Bay Parry Sound District Health Unit
Northwestern Health Unit
Porcupine Health Unit
Sudbury and District Health Unit
Thunder Bay District Health Unit
Timiskaming Health Unit
For schools in all other Public Health Unit regions, elementary school students are planned to be able to return to in-person learning on January 11, 2021, and secondary school students will continue learning remotely until January 25, 2021, at which point they may resume in-person learning. During this period, child care centres, authorized recreational and skill building programs and home-based child care services will remain open. From January 4-8, 2021, when elementary students move to remote learning, before and after school programs will be closed and emergency child care for health care and frontline workers will be provided. As part of the government’s efforts to protect the most vulnerable, boards will be required to make provisions for continued in-person support for students with special education needs who cannot be accommodated through remote learning for whom remote learning is challenging.
“While our schools are not a source of rising community transmission, we can play an important part of the solution to save lives from COVID-19,” said Minister Lecce. “During this period, students will pivot to teacher-led online learning, with child care provided for our frontline workers. We are taking proactive and preventative action to protect schools following the holiday break to ensure kids can continue in-class learning — something we believe is so important — for the remainder of the year.”
The New Ontario Small Business Support Grant
The government recognizes that small businesses impacted by these necessary public health measures will require additional support so they can continue serving their communities and employing people in Ontario once the COVID-19 pandemic is over. That is why the government is announcing the new Ontario Small Business Support Grant, which will provide a minimum of $10,000 and up to $20,000 to eligible small business owners to help navigate this challenging period.
“Ontario’s business owners have shown remarkable resolve and ingenuity throughout the pandemic. They know better than anyone what they need to come through this very difficult time, so they can continue to serve and employ people in their communities,” said Rod Phillips, Minister of Finance. “The new Ontario Small Business Support Grant will provide significant financial support to eligible small business owners in addition to the other supports made available to our small business community.”
Small businesses required to close or restrict services under the Provincewide Shutdown will be able to apply for this one-time grant. Each small business will be able to use the support in whatever way makes the most sense for their individual business. For example, some businesses will need support paying employee wages or rent, while others will need support maintaining their inventory.
Eligible small businesses include those that:
Are required to close or significantly restrict services subject to the Provincewide Shutdown effective 12:01 a.m. on December 26, 2020;
Have less than 100 employees at the enterprise level; and
Have experienced a minimum of 20 per cent revenue decline in April 2020 compared to April 2019.
Starting at $10,000 for all eligible businesses, the grant will provide businesses with dollar for dollar funding to a maximum of $20,000 to help cover decreased revenue expected as a result of the Provincewide Shutdown. The business must demonstrate they experienced a revenue decline of at least 20 per cent when comparing monthly revenue in April 2019 and April 2020. This time period was selected because it reflects the impact of the public health measures in spring 2020, and as such provides a representation of the possible impact of these latest measures on small businesses.
Essential businesses that are allowed to remain open will not be eligible for this grant. More information about the Ontario Small Business Support Grant is available here. Further details, including how to apply, will be announced in January 2021.
Businesses that are impacted by the Provincewide Shutdown will also be eligible for the property tax and energy cost rebates. In November, the government launched a program to provide rebates to offset fixed costs such as property tax and energy bills for businesses that are required to shut down or significantly restrict services due to provincial public health measures. These Ontario Small Business Support Grant rebates will continue to be available for businesses impacted by the Provincewide Shutdown and earlier restrictions. Business can apply for the rebates here.
Quick Facts
Currently, hospitalizations for COVID-19 have increased by 74 per cent over the last four weeks and are more than 15 times higher than they were at the beginning of September. Intensive care unit (ICU) occupancy for COVID-19 has more than doubled over the last four weeks and is 20 times higher than at the beginning of September.
Ontario currently has 915 COVID-19 patients requiring acute care, 265 patients in ICU, with 152 on a ventilator.
Based on the latest modelling data, cases across the province are continuing to grow and the number of people requiring an intensive care bed is projected to rise well above 300 people within the next 10 days.
Some jurisdictions around the world, including those in Canada have implemented similar time-limited measures to respond to a dramatic resurgence in cases. Based on their experiences, measures of four to six weeks are expected to interrupt transmission of COVID-19 in Ontario.
Municipalities and local medical officers of health may have additional restrictions or targeted requirements in their region.
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert App. Visit Ontario.ca/covidtest to find the nearest testing location.
The Ontario Small Business Support Grant is part of the Province’s more than $13.5 billion in support for people and jobs outlined in the 2020 Budget, Ontario’s Action Plan: Protect, Support, Recover. It is also in addition to $4.8 billion to address critical areas to support a strong long-term recovery that helps workers, employers and communities get back on their feet, while building the foundation for recovery and growth.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
To stay safe you can download the COVID Alert App free from the Apple and Google Play app stores.
To date, as part of the province’s COVID-19 immunization program, over 3,000 frontline health care workers have been vaccinated.
Schools continue to be safe, and according to data reported by school boards, as of Friday, December 18: approximately 99.64 per cent of students in Ontario have not reported a case of COVID-19; approximately 92 per cent of schools across the province have had either no cases or one case reported within the last 14 days; and approximately 80 per cent of schools do not have an case of COVID-19.
The government of Ontario announced that it is extending regulatory changes to the Employment Standards Act that were originally brought forward to address the impact of the COVID pandemic.
The changes, previously set to expire January 2, 2021, have been extended to July 3, 2021. They effect all non-union employees and unionized employees in hospitality and other hard-hit industries.
Non-union employees Employers can put non-unionized employees on job-protected leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by the employer due to the pandemic
This measure is intended to provide relief to employers while preventing temporary layoffs from becoming permanent.
Union employees in hospitality and other hard-hit industries
The government is creating a special industry regulation allowing employers to negotiate alternative arrangements with unions for putting termination and severance pay into trust for laid-off employees.
Employers with laid-off unionized workers need to put all potential termination and severance payments in a trust after 35 weeks while employees wait to be recalled to their jobs.
For companies in effected industries, employers and unions have the option to use those funds to help keep business doors open.
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NOTE: The provision is only available if unions and employers both agree to create alternative arrangements. For instance, an employer and union could agree to only 50 per cent of termination and severance pay being put into trust. Employers will not be able to implement these changes unilaterally.
For your reference I have included the full News Release below.
I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and will continue to observe and practice the protocols and guidance provided by our Public Health officials, as difficult as it may be during the holiday season and coming weeks.
TORONTO – The Ontario government is taking action to protect jobs by helping businesses avoid costly payouts and potential closures and continues offering protection to workers that are laid off due to COVID-19. These measures are being adopted through the extension of regulatory amendments that were put in place at the outset of the pandemic and through the introduction of a new regulation.
“Business owners continue to face challenging times during this pandemic, with many struggling to keep their doors open. Having to come up with termination and severance pay at this time could drive many of them under,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “Our government will continue to provide businesses with the support they need until they can reopen and return to full operations. We want to ensure employees have jobs to return to when the economy rebounds from the COVID-19 economic crisis.
For employers with non-unionized employees, the government is extending regulatory changes brought forward under the Employment Standards Act to July 3, 2021.The regulation’s changes include putting non-unionized employees on job-protected leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by their employer due to the pandemic to prevent temporary layoffs from becoming permanent. Under the Act, temporary layoffs become terminations when they exceed the permitted period. Previously set to expire on January 2, 2021, the extension of this amendment ensures that workers remain employed while providing relief to employers.
To support the hospitality industry and other hard-hit industries, the government is creating a special industry regulation allowing employers to negotiate alternative arrangements with unions for putting termination and severance pay into trust for laid-off employees. Employers with laid-off unionized workers need to put all potential termination and severance payments in a trust after 35 weeks while employees wait to be recalled to their jobs.
Given the unique challenges that many employers in the tourism and hospitality industries are facing as a result of COVID-19, the government is providing employers and unions the option to use those funds to help keep business doors open. The provision is only available if unions and employers both agree to create alternative arrangements. For instance, an employer and union could agree to only 50 per cent of termination and severance pay being put into trust. Employers will not be able to implement these changes unilaterally.
“Allowing unions and employers in the hospitality, tourism and trade show industries to work together to develop a solution based approach during this crisis is critical to keep them open and allow them to fully recover,” said Lisa MacLeod, Minister of Heritage, Sport, Tourism and Culture Industries. “This initiative supports our government’s commitment laid out in the 2020 Ontario Budget to provide unprecedented support for people and jobs during this challenging time. These actions will help us lay the groundwork for a robust long-term economic recovery for the province.”
Learn about Ontario’s early years, education and training systems. Includes information on child care, elementary schools, secondary schools, colleges, universities, skills training and financial aid. Learn more
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The government of Ontario this week made four announcements that you should be aware of.
WSIB Premiums On Tuesday the government introduced the Workplace Safety and Insurance Amendment Act, 2020 that would, if passed, protect employers from an unexpected increase in WSIB premiums, while maintaining an increase to the maximum earnings cap for worker benefits.
Extension of Emergency Orders The most routine of the four announcements is that all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) will be extended to January 20, 2021.
As I have advised previously, this and other extensions are largely a matter of legislative ‘housekeeping’ in that the original Act requires periodic review and extension for certain COVID-19 related health and safety regulations to continue.
More regions moving to higher levels The government announced Friday that more regions will be moving to higher levels of regulations and restrictions.
The following public health regions will move from their current level in the framework to the following levels effective Monday, December 14, 2020 at 12:01 a.m.:
Grey-Lockdown
Windsor-Essex County Health Unit; and
York Region Public Health.
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Red-Control
Middlesex-London Health Unit;
Simcoe Muskoka District Health Unit; and
Wellington-Dufferin-Guelph Public Health.
Orange-Restrict
Eastern Ontario Health Unit.
Yellow-Protect
Leeds, Grenville and Lanark District Health Unit.
All other public health regions will remain at their current level. This page on the Ontario government website has the full list of public health region classifications: Ontario.ca/covidresponse Vaccine Distribution Strategy On Friday the government also outlined the strategy and general schedule for the provincial distribution of the COVID-19 vaccine. This will be a three-phase implementation plan to receive, store and administer COVID-19 vaccines.
This adds detail to the announcement on Thursday that the first shipments will be sent to the University Health Network in Toronto and Ottawa Hospital on Tuesday, December 15.
For your reference I have included the full announcements below.
I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and will continue to observe and practice the protocols and guidance provided by our Public Health officials, as difficult as it may be in the coming weeks.
TORONTO – The Ontario government introduced the Workplace Safety and Insurance Amendment Act, 2020 that would, if passed, protect employers from an unexpected increase in Workplace Safety and Insurance Board (WSIB) premiums, while maintaining an increase to the maximum earnings cap for worker benefits.
The loss of jobs among lower wage workers, including those in the retail, hospitality and the service sector, during the COVID-19 pandemic has resulted in an increase in the average industrial wage (AIG) of Ontario workers by 7.8 per cent, compared to an average increase of 2-3 per cent. The proposed amendment would limit the impact the increase the AIG has on WSIB premiums to 2 per cent, making sure struggling business owners aren’t subject to sudden undue costs during these challenging times.
Additionally, this new amendment will not impact the 7.8 per cent increase in the earning cap for workers, ensuring they will continue to be fairly compensated for work-related injuries and occupational diseases during the COVID-19 pandemic.
“Our government is protecting jobs during the COVID-19 pandemic by giving employers the support they need to get through this difficult time,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “Our proposed amendments will help businesses, while making sure that we continue to support workers who are injured on the job.”
The WSIB has frozen premium rates for Ontario employers for another year at the same levels paid in 2020.
The Workplace Safety and Insurance Board is Ontario’s workplace insurance provider and covers over five million people in more than 300,000 workplaces across Ontario.
The WSIB eliminated its unfunded liability charge in January 2020, leading to a $607 million reduction in costs to businesses.
Related Topics
Jobs and Employment
We’ve got the resource and supports to help connect job seekers with employers. Learn more
Law and Safety
Ontario’s laws and related information about our legal system, emergency services, the Ontario Provincial Police and victim services. Learn more
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, is extending all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) until January 20, 2021. This extension will support the safe delivery of health care and other critical services until COVID-19 vaccines are approved and widely available.
“Safeguarding the health and well-being of Ontarians remains our top priority at every stage of our COVID-19 response,” said Solicitor General Sylvia Jones. “As we prepare to implement a safe and effective immunization program, extending these orders will ensure tools remain in place to address urgent public health situations until all Ontarians can be vaccinated.”
Ontario continues to respond to the COVID-19 pandemic by taking the actions needed to support and keep Ontarians safe. Effective December 7, 2020, under the Keeping Ontario Safe and Open Framework, the government, in consultation with health officials, amended O.Reg. 363/20 (Stages of Reopening) to move three public health units to new levels. This action imposes stricter public health measures in an effort to reduce transmission in these regions and avoid broader closures.
The government also made amendments to O. Reg 82/20 (Rules for Areas in Stage 1) under the ROA, which applies to public health unit regions in the Stage 1 lockdown. These amendments, which came into force December 4, 2020, permit indoor farmer’s markets that primarily sell groceries, to be open. For post-secondary institutions, the amendments increase the limit on the number of persons permitted in an instructional space at any one time for in-person instruction or in-person exams from 10 to 50 people for certain programs critical to supporting the health care workforce as set out in the order.
The ROA requires the Premier to table a report on any amendments or extensions of any orders within 120 days after the first anniversary of the ROA coming into force.
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, is moving seven public health regions to new levels with stronger public health measures, including Windsor-Essex County Health Unit and York Region Public Health moving into Grey-Lockdown. These steps are being taken to stop the spread of COVID-19 in order to keep schools open in the regions where in-class learning is permitted, safeguard health system capacity, and protect the province’s most vulnerable populations. The regional levels and specific public health measures are set out in the Keeping Ontario Safe and Open Framework.
“Moving a region into Grey-Lockdown is not an easy decision, but it is one we needed to make in order to help stop the spread of the virus and safeguard the key services we rely on,” said Christine Elliott, Deputy Premier and Minister of Health. “As we enter the holiday season and as the province prepares to receive its first shipment of COVID-19 vaccines, it remains crucial for all Ontarians to continue adhering to public health advice and workplace safety measures to reduce the spread of the virus and keep each other safe.”
Based on the latest data, the following public health regions will move from their current level in the framework to the following levels effective Monday, December 14, 2020 at 12:01 a.m.:
Grey-Lockdown
Windsor-Essex County Health Unit; and
York Region Public Health.
Red-Control
Middlesex-London Health Unit;
Simcoe Muskoka District Health Unit; and
Wellington-Dufferin-Guelph Public Health.
Orange-Restrict
Eastern Ontario Health Unit.
Yellow-Protect
Leeds, Grenville and Lanark District Health Unit.
All other public health regions will remain at their current level. Please visit Ontario.ca/covidresponse for the full list of public health region classifications.
“Over the last week, public health indicators in the York and Windsor regions have continued to trend in the wrong direction and it is evident additional measures are needed to help limit the spread of the virus,” said Dr. David Williams, Chief Medical Officer of Health. “By making this difficult but necessary decision we can help to ensure that hospitals in these regions can work to provide patients with the care they need when they need it, including the performing of scheduled surgeries and other important procedures.”
For long-term care homes, visitor restrictions apply to those homes in the public health unit regions that are in the Orange-Restrict level or higher. In addition, long-term care homes must implement recently enhanced testing requirements.
Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a different level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The government and the Chief Medical Officer of Health will continue to consult regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.
Stay home if you have COVID-19 symptoms, even if they are mild;
Maintain two metres of physical distancing from anyone outside your household;
Avoid social gatherings and limit close contacts to your household or the people you live with;
Adhere to the restrictions in your region on public and private gatherings;
Wear a face covering indoors and wear one outdoors if physical distancing may not be maintained or if wearing one is required;
Wash your hands thoroughly and regularly;
Cover your cough;
Get tested if you have symptoms compatible with COVID-19, or if you’ve been advised of exposure by your local public health unit or through the COVID Alert mobile app;
Individuals and families from higher transmission regions should avoid travel to lower transmission regions, except for essential reasons; and
No matter where you live in the province, the safest way to spend the holidays this year is by only celebrating in person with the people you live with and celebrating virtually with everyone else. People who live alone may have exclusive close contact with one additional household to help prevent feelings of isolation and mitigate against negative mental health impacts.
The Ontario government is now providing $600 million in property tax and energy cost rebates to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support, Recover. To apply for this funding please visit Businesses: Get help with COVID-19 costs.
Learn how to celebrate the holidays safely with the people you live with by visiting Ontario.ca/celebratesafely.
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
To stay safe, you can download the COVID Alert App free from the Apple and Google Play app stores.
TORONTO — The Ontario government has developed a three-phase implementation plan to receive, store and administer COVID-19 vaccines to Ontarians as soon as they are received. Phase One will begin on Tuesday, December 15, 2020 with a pilot project in Toronto and Ottawa which will include the vaccination of over 2,500 health care workers with the Health Canada approved Pfizer-BioNTech vaccine.
Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Solicitor General Sylvia Jones and General Rick Hillier (retired), Chair of the COVID-19 Vaccine Distribution Task Force.
“We are ready to receive these vaccines as soon as they become available thanks to the excellent work of our health care officials and General Hillier and the COVID-19 Vaccine Distribution Task Force,” said Premier Ford. “We have one of the most robust and comprehensive plans in the country and I am confident that all the necessary security measures and the advanced logistics systems are in place. The progress we are making is a welcome sign, but we must continue to be vigilant and follow the public health guidelines until vaccines are widely available.”
As part of Phase One, Ontario will be participating in a COVID-19 vaccine readiness pilot in collaboration with the Public Health Agency of Canada and Pfizer-BioNTech. Two pilot sites at University Health Network in Toronto and The Ottawa Hospital will receive doses of the Pfizer vaccine to be administered to health care workers who are providing care in hospitals and long-term care homes.
This pilot will help inform the province’s preparedness plan to receive larger vaccine quantities as it moves forward in Phase One, providing the opportunity to test the logistics of delivery, reconstitution of the vaccine, clinic management, and post-vaccine surveillance. The pilot also affords the opportunity to learn from the experiences of those being immunized so lessons learned can be shared with sites that will receive the vaccine in the coming weeks and months.
The two locations were selected for the pilot because this will test the travel logistics in two different regions of the province. In addition, these sites already have the equipment necessary to safely store the Pfizer vaccine at -70 degrees and the trained staff to handle the vaccine. Since this vaccine cannot be transferred beyond the initial delivery location at this time, vaccinations will be administered to health care workers in high-risk areas such as long-term care and critical care units in the Toronto and Ottawa regions.
“Keeping everyone safe is our top priority and this vaccine is Health Canada approved and ready to be administered,” said Minister Elliott. “By vaccinating and protecting people who provide essential care in hospitals and long-term care homes, we will decrease the risk of COVID-19 outbreaks in these settings. Thank you to our frontline heroes, volunteers, and to all the researchers who made this vaccine possible. As we continue to receive more doses, we will ensure that every person who wants a vaccine will receive one.”
Phase One will continue with the following key milestones:
Based on per capita allocations, an expected 90,000 Pfizer-BioNTech doses received from the federal government will be delivered to up to 14 hospital sites in Grey-Lockdown and Red-Control zones in December, to vaccinate health care workers in hospitals, long-term care homes, retirement homes and other congregate settings caring for seniors.
Deliveries of an expected 35,000 to 85,000 doses of the Moderna vaccine, once approved, will enable vaccinations to be expanded to long-term care homes in the Grey-Lockdown areas.
In early 2021, expansion of additional hospital sites providing the Pfizer-BioNTech vaccine in Grey-Lockdown and Red-Control zones, with continued vaccination provided to health care workers and, with the appropriate safety protocols, to long-term care home and retirement home residents.
It is anticipated that by end of January over 20 hospitals across the province will be administering the Pfizer vaccine.
An expansion of the number of locations to administer the Moderna vaccine would include long-term care homes, retirement homes, public heath units, other congregate care settings for seniors, and remote Indigenous communities.
When an increased stockpile of vaccines becomes available to Ontario, the province will shift to Phase Two of its vaccination implementation plan, which is expected to begin later in the winter of 2021. During Phase Two, vaccinations will be administered to health care workers, as well as to residents in long-term care homes and retirement homes, to home care patients with chronic conditions and to additional First Nation communities and urban Indigenous populations, including Métis and Inuit individuals.
Ontario will enter Phase Three when vaccines are available for every Ontarian who wishes to be immunized. While vaccines will not be mandated, during Phase Three, people will be strongly encouraged to get vaccinated.
“The launch of Ontario’s three-phase vaccine implementation plan is a vital milestone in our ongoing work to keep Ontarians safe and overcome these unprecedented times,” said Solicitor General Jones. “This limited rollout in Toronto and Ottawa will allow us to test our process as we prepare for the increased availability of vaccines from the federal government.”
“In launching the vaccine distribution plan in three phases, we are able to test and refine the logistics involved to better ensure success in this massive undertaking,” said General Hillier. “The members of the COVID-19 Vaccine Distribution Task Force will closely monitor and assess the pilot project and provide recommendations for the next phases.”
As the province prepares to rollout its phased vaccination program and head into the holiday season, it remains critically important that all Ontarians continue following public health advice to protect our communities and most vulnerable populations, and to stop the spread of COVID-19.
Quick Facts
The province’s decision to identify key populations to receive the vaccine first is based on the advice of medical experts and ethicists, recommended by the Ministers’ COVID-19 Vaccine Distribution Task Force and aligned with the National Advisory Committee on Immunization’s recommendations.
On December 9, 2020, Health Canada authorized the first COVID-19 vaccine in Canada, manufactured by Pfizer-BioNTech. Health Canada authorized the vaccine after an independent and thorough scientific review for safety, effectiveness and quality. Health Canada will continue to monitor the safety and effectiveness of the vaccine.
The Ministers’ COVID-19 Vaccine Distribution Task Force is focusing on key areas such as delivery, logistics and administration, clinical guidance, and public education and outreach. The task force includes experts in public health and immunization, health and clinical domains, ethics, behavioural science, operations and logistics, federal-provincial and Indigenous relations, and information technology and data.
To help everyone stay safe, download the COVID Alert app. It is free to use and is available from the Apple and Google Play app stores. This app lets users know if they may have been exposed to the virus.
Following the federal government’s Fall Economic Statement of last week, Prime Minister Trudeau has announced that eligible businesses facing financial hardship as a result of the COVID-19 pandemic are able to access a second CEBA (Canada Emergency Business Account) loan of up to $20,000. This is available on top of the $40,000 from the initial CEBA program.
Half of this additional financing, up to $10,000, will be forgivable if the loan is repaid by December 31, 2022.
This effectively increases CEBA loans from the existing $40,000 to $60,000 for eligible businesses, of which a total of $20,000 will be forgiven if the balance of the loan is repaid on time.
The application deadline for CEBA has also been extended to March 31, 2021.
To apply, eligible businesses and not-for-profits need to contact the financial institution that provided their initial CEBA loan and provide the appropriate information and documentation.
Ontario: Three Public Health Units move to higher levels
On Friday, December 4, the Ontario government announced that these three public health regions will be moving to new levels of COVID measures.
Moving to Orange – Restrict
Middlesex-London Public Health Unit
Thunder Bay Public Health Unit
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Moving to Yellow – Protect:
Kawartha, Pine Ridge District Unit
All other public health regions will remain at their current level. This page on the Ontario government website has the full list of public health region classifications: COVID-19 Response framework
In announcing the change in levels, the government reiterated the recommendations that apply to all public health unit regions in the province:
Stay home if you have COVID-19 symptoms, even if they are mild;
Maintain two metres of physical distancing from everyone else;
Avoid social gatherings and limit close contacts to your household or the people you live with;
Adhere to the restrictions in your region on public and private gatherings;
Wear a face covering indoors and wear one outdoors if physical distancing may not be maintained or if wearing one is required;
Wash your hands thoroughly and regularly;
Cover your cough;
Get tested if you have symptoms compatible with COVID-19, or if you’ve been advised of exposure by your local public health unit or through the COVID Alert mobile app;
Individuals and families from higher transmission regions should avoid travel to lower transmission regions, except for essential reasons; and
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, is moving three public health regions to new levels with stronger public health measures as set out in the Keeping Ontario Safe and Open Framework. These steps are being taken to stop the spread of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province’s most vulnerable populations.
“Over the last seven days we have seen the trends in key public health indicators continue to go in the wrong direction in these three regions,” said Christine Elliott, Deputy Premier and Minister of Health. “By taking proactive action and moving these regions to a higher level in the framework, we are helping them to reduce transmission in the community and avoid broader closures. The health and well-being of Ontarians remains our top priority.”
Based on the latest data, the following public health regions will move from their current level in the framework to the following levels effective Monday, December 7, 2020 at 12:01 a.m.:
Orange-Restrict
Middlesex-London Health Unit; and
Thunder Bay District Health Unit.
Yellow-Protect
Haliburton, Kawartha, Pine Ridge District Health Unit.
All other public health regions will remain at their current level. Please visit Ontario.ca/covidresponse for the full list of public health region classifications.
For long-term care homes, visitor restrictions apply to those homes in the public health unit regions that are in the Orange-Restrict level or higher. In addition, long-term care homes must implement recently enhanced testing requirements.
Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a higher level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The Ministry of Health will continue to consult regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.
All Ontarians should avoid close contact with anyone not living in the same household. People who live alone may have exclusive close contact with one additional household to prevent feelings of isolation and mitigate against negative mental health impacts. Ontarians should also follow all required public health measures, and public health advice, as we approach the holiday season.
No matter where you live in the province, the safest way to spend the holidays this year is by only celebrating in person with the people you live with and celebrating virtually with everyone else. People who live alone may have exclusive close contact with one additional household.
“As we continue in our fight against the second wave of COVID-19 and begin preparing for the holiday season, it remains crucial for all Ontarians to continue following public health measures and advice,” said Dr. David Williams, Chief Medical Officer of Health. “By limiting close contact to those who you live with and by adhering to public event and social gathering limits, we can once again bend the curve and prevent the need for further restrictions.”
The following recommendations apply to all public health unit regions in the province:
Stay home if you have COVID-19 symptoms, even if they are mild;
Maintain two metres of physical distancing from everyone else;
Avoid social gatherings and limit close contacts to your household or the people you live with;
Adhere to the restrictions in your region on public and private gatherings;
Wear a face covering indoors and wear one outdoors if physical distancing may not be maintained or if wearing one is required;
Wash your hands thoroughly and regularly;
Cover your cough;
Get tested if you have symptoms compatible with COVID-19, or if you’ve been advised of exposure by your local public health unit or through the COVID Alert mobile app;
Individuals and families from higher transmission regions should avoid travel to lower transmission regions, except for essential reasons; and
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
The Ontario government is now providing $600 million in relief to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support Recover.
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
To stay safe, you can download the COVID Alert App free from the Apple and Google Play app stores.
The Government of Canada today released its Fall Economic Statement or “mini-budget”, which has been widely anticipated because it provides important information on the impact of the COVID-19 pandemic on Canada’s economy and the measures planned to help recovery in the coming months and years.
The Statement outlines a national deficit that will reach $382 billion in the fiscal year 2020-21 and the expectation that it will fall to $121 billion in 2021-22 and to $51 billion the following year.
For a perspective on the Economic Statement as a whole, I thought you might be interested in this summary and analysis from one of my clients, Sussex Strategy Group. Their President, Paul Pellegrini, has kindly allowed me to share it with you.
Sussex Strategy is an experienced and highly respected government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. I find their reports informative and insightful, and I hope you will also.
Today, Deputy Prime Minister and Finance Minister Chrystia Freeland released the federal government’s Fall Economic Statement (FES) in the House of Commons. Titled Supporting Canadians and Fighting COVID-19, the plan is the first major economic update since COVID-19 permanently postponed Budget 2020. It also marks Deputy Prime Minister Freeland’s first major fiscal update to Canadians. As expected, the FES reveals a deficit expected to hit a record $381 billion, largely due to close to $400 billion spent fighting the pandemic.
Today’s statement is a clear indication that the government remains squarely focused on addressing the urgent needs caused by the COVID-19 pandemic. It also comes amid a highly charged political environment centered on when Canadians can expect to receive a vaccine.
The statement does, however, begin to look ahead to economic recovery and commits the federal government to a time-limited, $70-100 billion (3-4% of GDP) economic recovery plan. Between now and Budget 2021, the government will be actively developing the details of this stimulus program.
COVID-19 Response Programs
Health Care As the second wave of COVID-19 is being fought across the country, the federal government has announced further funding to fight COVID-19, including funding for testing capacity, PPE and medical equipment, improving ventilation in public buildings, and preventing outbreaks in shelters.
New funding was announced for long-term care facilities, which have seen the majority of COVID-19 deaths across the country. The most significant was a commitment of up to $1 billion for a Safe Long-term Care Fund to help provide care and protect people in long-term care. Funding will be contingent on a detailed spending plan and investment in accordance with these plans. Funds will be allocated on an equal per capita basis and will be for infection prevention and control readiness assessments, improvements to ventilation, hiring additional staff or topping up wages. The government reiterated its commitment to establish national standards for long-term care.
The FES also committed to boosting funding for mental health and virtual care by committing an additional $50 million to distress centres and $43 million to provide further support for the Wellness Together Canada portal and the resources it offers.
Absent from the FES was any new funding for pharmacare. It did, however, indicate strategy options for high-cost drugs for rare diseases would be forthcoming. Also absent was a further increase to the annual health transfer, as requested by the provinces.
Child Care
In the FES, the government has made initial commitments to establish a Canada-wide Early Learning and Child Care System. The government has committed $20 million over 5 years, starting in 2021-22 to create a Federal Secretariat on Early Learning and Child Care. A parallel investment of $70 million over 5 years, starting in 2021-22 has been committed to sustain the existing federal Indigenous Early Learning and Child Care Secretariat.
To sustain previous investments in Early Learning and Child Care that provide fee subsidies and create new affordable spaces, the government is proposing to make funding permanent at 2027-28 levels by providing $870 million per year, starting in 2028-29. Additional funding is also committed to supporting early childhood educator workforce.
The government has proposed a temporary increase of up to $1,200 in 2021 for each child under the age of 6, for families who are entitled to the Canada Child Benefit.
Wage and Rent Support
The government announced an increase in the maximum wage subsidy rate to 75 per cent for the period beginning December 20, 2020, and to extend this rate until March 13, 2021, to provide greater certainty to employers.
In addition, the government has proposed extending the current subsidy rates of the Canada Emergency Rent Subsidy for an additional three periods. This means a base subsidy rate of up to 65 per cent will be available on eligible expenses until March 13, 2021. The government is proposing to extend the rate of 25 per cent for the Lockdown Support for an additional three periods, until March 13, 2021. The government has still not committed to making this program retroactive for businesses that did not qualify for the first round of rent support.
Business Financing
The government will work with financial institutions in the near term to create the Highly Affected Sectors Credit Availability Program (HASCAP) – a new program for the hardest hit businesses, including those in sectors, like tourism and hospitality, hotels, arts and entertainment. This program will offer 100% government-guaranteed financing for heavily impacted businesses and provide low-interest loans of up to $1 million over extended terms, up to ten years.
In addition, the government is proposing a top-up of up to $500 million, on a cash basis, to Regional Development Agencies and the Community Futures Network of Canada, bringing total funding to over $2.0 billion for this fund.
The government also announced a proposed top-up to the Strategic Innovation Fund (SIF) of $250 million over 5 years, beginning in 2021-22.
Working From Home
The government announced today that the CRA will allow employees, working from home in 2020 due to COVID-19 and with modest expenses, to claim up to $400 on their 2020 taxes, without the need to track detailed expenses. The government will generally not request that people provide a signed form from their employers.
Sector Specific Support
Clean Energy In the 2020 Throne Speech, the government indicated COVID-19 economic recovery would focus on clean growth. In the FES, Minister Freeland unveiled the first details of its Building Back Better plan for economic recovery concerning clean investments and climate action. The FES specifically included measures that can safely be implemented now, which Minister Freeland noted are a “down payment on the investments to come.”
Details on funding for hydrogen and other clean fuels were notably absent in the FES. The document did however flag that the government’s upcoming climate plan will highlight further work and investments in areas like renewables, clean fuels, and hydrogen. Additional items expected in the near-term include the release of the Small Modular Reactor (SMR) Action Plan and the Hydrogen Strategy, both anticipated before the end of 2020.
Notable clean and green economy highlights from the FES include:
Home Energy Retrofits: $2.6 billion over 7 years, starting in 2020-21, to Natural Resources Canada to provide up to 700,000 grants of up to $5,000 to help homeowners make energy-efficient improvements to their homes, and up to one million free EnerGuide energy assessments.
Zero Emission Vehicle Infrastructure Deployment: $150 million over 3 years to Natural Resources Canada, starting in 2021-22 for recharging and refueling ZEV stations.
Natural Climate Solutions for Agriculture Fund: $98.4 million over ten years to Agriculture and AgriFood Canada to helps farms increase carbon sequestration and adoption management practices.
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Arts, Culture and Entertainment
The government announced an additional $181.5 million in 2021-22 to the Department of Canadian Heritage and the Canada Council for the Arts to expand their funding programs. This includes a one-year renewal of funding provided in Budget 2019 for the Building Communities through Arts and Heritage program, the Canada Arts Presentation Fund and the Canada Music Fund.
The government also committed to working with industry to prevent the closures of flagship events and festivals across Canada.
Air Sector
The FES notes that COVID-19 and related health restrictions have caused Canada’s air sector to suffer a near total collapse in passenger travel. This is threatening the viability of Canada’s airlines and airports, the people who work there and the communities that rely on them. The FES announced several new measures aimed at supporting this heavily-hit sector, including:
$206 million over two years to support regional air transportation, including regional air carriers;
$186 million over two years to support small and regional airports;
$500 million over six years to establish a new transfer payment program to support large airports; and,
$229 million in rent relief, via a mix of waiving and deferring rent payments, extended to the 21 airport authorities that pay rent to the federal government.
Conclusion Today’s economic update demonstrates two important factors: that the suite of federal COVID-19 business support programs continues to grow and evolve and that a wide-ranging, $70-100 billion stimulus program will be shaped ahead of Budget 2021.
There is much from this FES to be sorted out in the details. Now is the time to engage with government as they fine tune existing support measures and work out a vision and direction for post-pandemic stimulus spending.
November 23, 2020 There have been a number of announcements from the governments of Ontario and Canada over the past few days, some of which may have gone unnoticed as the news of lockdowns and restrictions was understandably top of mind.
In order for you to keep up to date with the new, existing and proposed programs related to the COVID-19 pandemic, I thought a brief summary of each of the announcements might be helpful.
I have provided the top line information for five (5) announcements with links to the full News Releases form each of the government.
I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and will continue to observe and practice the protocols and guidance provided by our Public Health officials, as difficult as it may be in the coming weeks.
Top Line Summaries
Canadian Emergency Rent Subsidy Applications Now Open November 23, 2020
Applications for the new Canadian Emergency Rent Subsidy (CERS) are now open. Applications are made directly through your CRA business account and can be completed »» here.
Qualifying businesses can receive support of up to 65% of monthly rent and certain other expenses, based on a maximum rent amount of $75,000 per month, and depending on the total overall drop in revenue. Businesses facing an official public health lockdown or significant business restrictions are eligible for an additional 25% support for a total of up to 90% coverage.
Please note that the program is retroactive to September 27, 2020 and that the support will go directly to tenants.
The CERS and additional Lockdown Support are part of Bill C-19, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), which received Royal Assent November 19, 2020.
As the name of the Bill states, it also includes provisions for extension of the Canada Emergency Wage Subsidy until June 2021. The wage subsidy will remain at the current rate of up to 65 per cent of eligible wages until December 19, 2020.
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Ontario Extends COVID-19 Orders to December 21, 2020 November 20, 2020
As I have outlined in previous emails, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), which came into force on July 24, 2020 requires periodic extension to ensure important measures remain in place after the provincial declared emergency came to an end.
This is largely a ‘housekeeping’ issue. Last week the Ontario government in consultation with the Chief Medical Officer of Health, extended all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) until December 21, 2020.
Ontario Launches Workplace Education and Enforcement Campaigns November 19, 2020
The Ontario government is launching a series of education and enforcement campaigns to ensure businesses across the province are taking the necessary steps to keep employees, consumers and the public safe.
These campaigns will support the current efforts of police, municipal by-law officers, and public health inspectors to educate businesses and enforce the COVID-19 health and safety requirements. Officers will be asking employers to produce their workplace safety plans.
Employers required to submit plans are largely in the retail, entertainment and consumer services segments and include:Restaurants, bars, and food or drink establishments;Sports and recreational facilities;Meeting and event spaces;Malls;Personal care services;Casinos, bingo halls, and other gaming establishments;Cinemas; andPerforming arts facilities.
Ontario Supporting Small Businesses with Financial Advice and Training November 19, 2020
Ontario is providing $2,040,000 to support Ontario’s 47 Small Business Enterprise Centres (SBEC) led by the Business Advisory Centre Durham to create a new Small Business COVID-19 Recovery Network. This network will enhance the capacity of all SBECs across the province to expand their services, supporting businesses across the province.
November 22, 2020 It may have gone unnoticed in the announcement of further lockdowns and restrictions in Ontario that there is $600 million in relief available to support eligible businesses required to close or significantly restrict services due to enhanced public health measures.
Eligible businesses can apply online for temporary property tax and energy cost rebate grants from the province. The rebates will cover the length of time that a business is required to temporarily close or significantly restrict services as a result of being located in an area categorized as Red-Control or Lockdown, or previously categorized as modified Stage 2 public health restrictions.
As a brief summary, the Property Tax and Energy Bill Rebates are available mainly for businesses and organizations in the retail and consumer services sector.
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As anticipated, the Government of Ontario today announced that many Public Health Units (PHUs) in the province will be moving to tighter restrictions to address the recent rises in COVID-19 infections.
I have provided the full announcement for you below. The restrictions will come into effect Monday, November 23, 2020 at 12:01 a.m.
TORONTO — In consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, the province is moving certain public health unit regions to new levels in the Keeping Ontario Safe and Open Framework, which includes moving Toronto and Peel into Lockdown. These necessary measures are being taken to limit community transmission of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province’s most vulnerable populations.
Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, and Dr. David Williams, Chief Medical Officer of Health.
“With the numbers rising rapidly in certain regions, we have to make the tough, but necessary decisions now to protect our hospitals, long-term care and retirement homes, and every person in this province,” said Premier Ford. “We cannot afford a province-wide lockdown, so we are taking preventative action today by moving Toronto and Peel into Lockdown level restrictions and other regions into higher levels of restrictions. We need to take decisive action to stop the spread of this deadly virus.”
Over the past week, some regions under the Red-Control level have continued to see worsening trends in key indicators, despite having a range of public health measures and restrictions in place since early October. Based on the latest data, the government intends to move Peel Public Health and Toronto Public Health into Lockdown effective Monday, November 23, 2020 at 12:01 a.m. This action is being taken to help stop the spread of COVID-19, while prioritizing the continued opening of schools, child care centres and other key services to the fullest extent possible.
Measures under Lockdown include, but are not limited to:
Schools, before and after school programs, and child care will remain open;
Post-secondary schools open for virtual learning with some limited exceptions for training that can only be provided in-person, such as clinical training or training related to a trade;
No indoor organized public events or social gatherings except with members of the same household. Individuals who live alone, including seniors, may consider having exclusive, close contact with one other person;
Outdoor organized public events or social gatherings limited to a maximum of 10 people;
Wedding services, funeral services and religious services, rites or ceremonies where physical distancing can be maintained can have up to 10 people indoors or 10 people outdoors;
Retail permitted to be open for curbside pick-up or delivery only, with certain exceptions such as for supermarkets, grocery stores, pharmacies, hardware stores, discount and big box retailers selling groceries, beer, wine and liquor stores, safety supply stores, and convenience stores, which will be allowed to operate at 50 per cent capacity;
Restaurants, bars, and food and drink establishments will only be able to provide takeout, drive-through and delivery. Indoor and outdoor dining services are prohibited;
Personal care services closed;
Casinos, bingo halls and other gaming establishments closed; and
Indoor sports and recreational facilities, including pools, closed with limited exceptions.
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The Chief Medical Officer of Health and health experts will continue to provide advice to the government using criteria, including:
Epidemiological indicators such as the number and rate of COVID-19 cases and test positivity;
Health system capacity indicators including hospital and Intensive Care Unit capacity, access to ventilators and ongoing availability of personal protective equipment;
Public health sector capacity, including the number of COVID-19 cases and contacts being reached by local public health officials within one day; and
Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly.
“As public health indicators continue to worsen in regions across the province, particularly in hotspots like Peel and Toronto, it is clear that more needs to be done to limit community spread of COVID-19,” said Minister Elliott. “As we have seen around the world, lockdowns are a difficult but necessary step to stop the spread, safeguard the key services we rely on and protect our health system capacity. With the recent positive news on the development of a vaccine, there is a real hope that we can defeat this deadly virus, but for now we all must continue to follow public health advice and strictly adhere to the restrictions in place.”
Based on the latest data, the following public health unit regions will move from their current level in the framework to the following levels effective Monday, November 23, 2020 at 12:01 a.m.:
Red-Control
Durham Region Health Department; and
Region of Waterloo Public Health and Emergency Services.
Orange-Restrict
Huron Perth Public Health;
Simcoe Muskoka District Health Unit;
Southwestern Public Health; and
Windsor-Essex County Health Unit.
Yellow-Protect
Chatham-Kent Public Health;
Eastern Ontario Health Unit;
Grey Bruce Health Unit;
Kingston, Frontenac and Lennox & Addington Public Health;
Peterborough Public Health; and
Thunder Bay District Health Unit.
Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a higher level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The Ministry of Health will continue to communicate regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.
For long-term care homes, visitor restrictions apply to those homes in the public health units that are in the Orange-Restrict level or higher. To further protect the health and safety of those in long-term care homes, staff, essential caregivers and support workers who provide direct care to residents in those regions will be tested more frequently for COVID-19, moving from bi-weekly tests to weekly as of November 23, 2020. In addition, support workers who provide direct care and caregivers in those regions will be asked to provide proof of a negative COVID-19 test result in the past week and verbally attest that they have not subsequently tested positive.
For retirement homes, homes in public health regions that are in Red-Control or higher will be in high alert with visitor restrictions as outlined in the Retirement Homes COVID-19 Visitor Policy. Homes will continue to be notified of their alert status by the Retirement Homes Regulatory Authority.
“Advising regions to move into a lockdown is not a decision we take lightly, but it is one that is needed to ensure the safety of the people of Peel and Toronto,” said Dr. Williams. “Now more than ever, it is critical that all Ontarians continue to follow public health advice to help stop the spread of the virus. Everyone has a role to play to protect each other. We are interdependent and nothing can be done without the commitment of each individual, family and community.”
To further support public health regions, the province is making additional enforcement mechanisms available to local medical officers of health who have applied additional measures based on their local conditions and needs. The government is amending Ontario Regulation 950 under the Provincial Offences Act, allowing for a ticket to be issued for any contravention of a COVID-19 specific communicable disease class order issued by a medical officer of health. The government will also ask the Chief Justice of the Ontario Court of Justice to establish a set fine to be attached to any ticket issued for violating a section 22 order relating to COVID-19 made by a local medical officer of health.
“We are asking Ontarians to familiarize themselves with the restrictions in place, follow the rules and public health guidance, and support enforcement officers who are working to help prevent the further spread of COVID-19,” said Solicitor General Sylvia Jones. “Our government will continue to work with law enforcement to ensure they have the tools they need to promote public safety and take the enforcement actions needed to prevent unsafe behaviour.”
Additional Supports Available for Businesses Affected by COVID-19 Public Health Measures
The Ontario government is now providing $600 million in relief to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support Recover.
Businesses can apply online for temporary property tax and energy cost rebate grants from the province, via an easy-to-use one-window portal. The rebates will cover the length of time that a business is required to temporarily close or significantly restrict services as a result of being located in an area categorized as Red-Control or Lockdown, or previously categorized as modified Stage 2 public health restrictions. Most businesses can expect to receive their rebate payments within a few weeks of submitting a complete application. A detailed list of eligible businesses, as well as instructions for applying, can be found at Ontario.ca/covidsupport.
The federal and provincial governments have been working collaboratively together to deliver benefits and supports to individuals, families and businesses since the onset of COVID-19. Consistent with this, Ontario will work with the federal government to ensure these supports for businesses in COVID-19 hotspots are available in the most straightforward and seamless way possible by integrating these rebates with the federal Canada Emergency Rent Subsidy (CERS) program.
“We will double the funding we have made available to support employers and jobs affected by the necessary public health measures we are taking to protect people during the second wave,” said Minister Phillips. “All of us know a small business owner struggling due to COVID-19. These necessary public health measures we have outlined today will create new challenges ― but as we committed in Ontario’s Action Plan: Protect, Support, Recover, we will continue to be there to protect jobs and support employers.”
Quick Facts
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
Municipalities and local medical officers of health may have additional restrictions or targeted requirements in their region, on top of the public health measures required at their specific level.
The Ontario government has developed a $2.8 billion COVID-19 fall preparedness plan, Keeping Ontarians Safe: Preparing for Future Waves of COVID-19, to ensure the province’s health care, long-term care and education systems are prepared for the immediate challenges of the fall, including a second wave of COVID-19 and the flu season.
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
To stay safe you can download the COVID Alert App free from the Apple and Google Play app stores.
I have had numerous clients contact me with employment law questions related to COVID-19 and the various existing and new legislations that apply to the workplace at this time.
The most common questions I have received are related to employees requesting or or demanding that they be allowed to work from home, or refusing to come to the workplace.
Unfortunately, as the pandemic continues and infections increase, these questions are becoming more relevant to more employers and employees. I have prepared this FAQ reference for you with the information I think will be most helpful for you.
In addition to these questions, I prepared a more broadly based FAQ which I sent to you a few weeks. ago. It can be accessed on this link at the LeNoury Law website: FAQs COVID-19 and Employment Law
Preface: Safety in the Workplace
I preface this by noting that all employers have an obligation under the Employment Standards Act and the Human Rights Code to provide a safe workplace.
FOR TORONTO EMPLOYERS
On November 10 the Toronto Public Health Unit (PHU) introduced Specific Enhanced Measures in addition to the safety measures required under the provincial government’s new colour-coded Response Framework.
The Specific Enhanced Measures for Workplaces include
Require an (internal) compliance officer to ensure implementation of occupational health and safety and infection prevention & control measures.
Review HVAC systems to ensure they are in good working order.
Promote work from home wherever possible.
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As always, I encourage you to comply with the guidelines of all PHUs, and promote work from home appropriately if you are based in Toronto and it is possible for your company and its operations.
The following FAQs pertain more specifically to employee demands to work somewhere other than the workplace.
Employee Rights and Work From Home
As noted above, the employer is required to maintain a safe workplace. In the absence of a provable issue of safety, an employee does not have the right to work from another location because it is their preference.
Q: Are employees entitled to an accommodation to work from home?
A: Employees are not entitled to a work from home accommodation if they prefer and choose to work from home for reasons such as their children are not in school (i.e. they’ve chosen online learning during COVID-19).
I would encourage you to have a conversation with the employee about accommodation and the particular employee’s needs, however, there is no duty to accommodate, except under unusual and extreme circumstances.
Q: What if an employee doesn’t feel safe, they want to work from home and are set up to work from home?
A: This may be a viable option for you and your employee, and you may wish to agree with this arrangement, but there is no duty to accommodate, no obligation for an employer to facilitate a work from home arrangement for an employee.
However, if the employee is able to show that they need accommodations related to a protected ground under the Human Rights Code, the employer does have a duty to accommodate up to the point of undue hardship. While the employee is not entitled to choose their accommodation, work from home may be reasonable in some circumstances.
Q: An employer cannot ask for a doctor’s note, but what happens if an employee requests to work from home because of a medical condition?
A: If the employee is requesting an accommodation related to a medical condition, i.e. a disability, this is a protected ground under the Human Rights Code.
Under this scenario, the employee has an obligation to cooperate in the accommodation process, and to assist the employer in understanding what accommodations may be appropriate in light of the employee’s restrictions and prognosis. An employee would be required to provide medical documentation in support of their accommodation request.
Q: What if an employee is working from home, but would like to work even more remotely – perhaps in a different country – to be with an elderly parent during COVID-19?
A: In general, this would require that there be an explicit caregiving duty in place between the employee and parent(s). An employer is not required to agree to remote work from another country unless the employee is in a parent child relationship with that family member (e.g. an elderly parent) and is providing care that would trigger protection under the Human Rights Code ground of “family status”.
Other options: Infectious Disease Emergency Leave
In all cases where an employee has a work from home request that is based on preference rather than demonstrable necessity, I advise that you discuss the details of the situation and see if an agreement can be reached. If this is not possible, one option for employees may be to go on an Infectious Disease Emergency Leave (“IDEL”). However, the IDEL is an unpaid leave, so an employee on this leave would not continue working or being paid.
There are 6 general cases in which an IDEL may apply:
Employee is in quarantine or isolation by a direction issued by doctor, nurse, Telehealth Ontario
Employee is caring for a child/family member because of a matter related to COVID-19
School or childcare is closed because of COVID-19 or because the employee did not send their child to school or childcare for fear of exposure
Caring for a child who is sick with COVID-19 or who stayed home because of COVID-19 protocols at the school or child care (e.g. symptoms)
Child had a symptom that did not automatically require the child to stay away from school or child care, but the employee was concerned the symptom may relate to COVID-19 and chose to keep their child home as a precautionary measure
The same concepts apply broadly to family members
Q: Outside of IDEL, does the employer have to accommodate an employee’s requests that are based on preference, and not actual need?
A: No, if an employee is not on IDEL (i.e. the unpaid leave), an employer must accommodate an employee’s request for accommodation only if it relates to a protected ground under the Human Rights Code (e.g. family status, disability).
