Author Archives: LeNoury Law

Government of Ontario announces extension to protection against termination and severance liabilities

September 4, 2020

I advised you in early August that the Government’s response to the COVID-19 pandemic and the declaration of a state of emergency had required a number of amendments to the Employment Standards Act (2000) that had an impact on temporary layoffs of your employees.

Specifically, I advised you that “Employees who continue to experience reduced hours or wages after September 4, 2020, could attempt to claim that their employment has been terminated and assert various claims for compensation.”

I also encouraged you to examine your operational needs and, if able, take steps to recall workers back to work or adjust current salary reductions before September 4, 2020.  

Yesterday, September 3, the government extended employer protection against automatically triggered severance liabilities under the Employment Standards Act until January 2, 2021.

In practical terms, this means that any employees placed on temporary leave due to reduced demand because of COVID-19 can remain on temporary leave without penalty under the Employment Standards Act until such time as your workload requires their return, or until January 2, 2021.

Please note that while the protection from termination under the Employment Standards Act  has been extended the issue of whether a temporary layoff under common-law amounts to a termination has still to be determined by the courts. I will keep you updated on this issue.

Employees at businesses that have fully reopened continue to have job protection through the Infectious Disease Emergency Leave if they need to stay home to isolate or quarantine or take care of a loved one due to COVID-19. This includes parents who decide not to send their children back to school due to concerns about COVID-19.

News Release

September 3, 2020

Ontario Extends Support for Employers and Employees Impacted by COVID-19

Protecting jobs by helping businesses avoid costly payouts and closures

TORONTO – The Ontario government is helping protect jobs and businesses by extending protection to prevent temporary layoffs from automatically becoming permanent job losses. Although Ontario is now in Phase 3 of reopening, this extension will give businesses more time to reopen and return to full operations.

This extension will last until January 2, 2021. 

Under Ontario labour laws, termination of an employee after 13 weeks of being temporarily laid off triggers costly payouts which, for many businesses, could be the difference between survival and closure. This regulatory amendment delays these terminations and severance liabilities.

“As our government continues to take the necessary steps to safely reopen the economy, we need to protect the businesses and employees impacted by COVID-19.,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “The cost of termination and severance pay can make it impossible for a business to survive and reopen. That’s why we acted to make sure businesses survive and workers have jobs to come back to.”

QUICK FACTS

  • Termination and severance obligations can create a significant financial burden for business. For example, a restaurant with 30 employees could be liable for termination payments as high as $100,000.
  • This measure does not apply to employees represented by a trade union. The government encourages parties in collective bargaining relationships to work together to resolve workplace issues.
  • Ontario’s unemployment rate in July was 11.3%.
  • Employees at businesses that have fully reopened continue to have job protection through the Infectious Disease Emergency Leave if they need to stay home to isolate or quarantine or take care of a loved one due to COVID-19. This includes parents who decide not to send their children back to school due to concerns about COVID-19.
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ADDITIONAL RESOURCES

Return To Work Toolkit – Mental Health

September 1, 2020

One of the potentially overlooked aspects of people returning to the workplace in the coming weeks and months is the effect that living with the COVID-19 situation in our community can have on an individual’s mental health.

Many people are feeling anxious about physically going back to work but may be struggling in silence or are not comfortable discussing the impact these uncertain times are having on them.

My client the Canadian Mental Health Association Ontario Division has prepared a Return To Work Toolkit to help employers recognize and address some of these issues and situations and provide strategies for a safe psychological return to the workplace.

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CEO Camille Quenneville has provided me a copy for distribution that you may find helpful for your employees and in your workplace.

You can download the pdf file through this link: 
RETURN TO THE WORKPLACE: A psychological toolkit for heading back to work

It comes with an extremely high recommendation from Kelly Hannah-Moffat, PhD, who is Vice President of Human Resources & Equity and a Professor of Criminology and Sociolegal Studies at the University of Toronto.

I hope you will also find it helpful. 

Canada and Ontario extend benefits, assistance and orders

August 21, 2020

The governments of Ontario and Canada both announced extensions yesterday to orders and benefits programs introduced in response to COVID-19 and its effects on the economy and employment. The federal government also announced changes to the Employment Insurance (EI) Program as well as three new benefits that will extend through the next year.

I am providing a summary of the provincial and federal announcements for you as well as the full text of the Ontario government News Release and appropriate links to the Government of Canada website.

Ontario
The provincial government has extended most orders under the Reopening Ontario Act (ROA) passed on July 21, 2020, which was in turn passed to ensure certain measures remained in place when the provincial Declaration of Emergency came to an end.

As I have advised previously, to a large extent these are housekeeping matters in that the ROA orders can be extended for up to 30 days at a time, or, alternately, can be ended.

All orders under the ROA have been extended to September 22, 2020, with the following exceptions:

  • The Education Sector order will end on August 31, 2020.
  • The Limitation Periods order will end and suspended time periods will resume running on September 14, 2020.
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A full list of continuing orders is in the text of the News Release below.

Canada
The federal government will extend the Canada Emergency Response Benefit (CERB), make changes to the Employment Insurance (EI) Program and introduce three new recovery mechanisms: the Canada Recovery Benefit, Canada Recovery Sickness Benefit and Canada Recovery Caregiving Benefit.

Extension of the Canada Emergency Response Benefit (CERB)
The CERB will be extended by an additional four weeks to a maximum of 28 weeks, meaning eligible recipients can access CERB until the end of September. At that point, qualifying recipients will be transitioned to either the extended EI program or the proposed Canada Recovery Benefit, both outlined below.

NOTE: The 4-week extension of the CERB and temporary changes to the EI program can be enacted via regulatory changes, however the Canada Recovery Benefit, as well as the other new benefits outlined below, will require legislation to be passed by Parliament. Finance Minister Chrystia Freeland indicated legislation will be tabled once Parliament resumes on September 23, 2020.

Changes to the Employment Insurance (EI) Program
As of September 27, the federal government will be implementing a simplified Employment Insurance (EI) program for one year.

The following measures will be added to help individuals access EI benefits more easily:

  • individuals who receive EI will be eligible for a minimum benefit rate of $400 per week, or $240 per week for extended parental benefits;
  • the threshold of work hours required to qualify will be lowered to a minimum of 120 hours; and,

EI will be extended to at least 26 weeks of regular benefits.
In addition, the government will freeze the EI insurance premium rates for two years.

New Income Support Benefits
With the assumption that the legislation will be passed with the resumption of Parliament, the three new recovery mechanisms will be effective for one year beginning September 27, 2020.

Canada Recovery Benefit

  • Provides a benefit amount of $400 per week for up to 26 weeks to workers who are not eligible for EI, mainly the self-employed and those working in the gig economy.
  • As with individuals on EI, recipients will be able to earn more income while receiving the benefit and will have access to employment and training tools and services.

Canada Recovery Sickness Benefit

  • Provides $500 per week, for up to two weeks, for workers who are unable to work because they are sick or must self-isolate due to COVID-19.
  • This benefit would be available only to individuals without paid sick leave through their employer.

Canada Recovery Caregiving Benefit

  • Provides $500 per week, for up to 26 weeks per household.
  • To be eligible individuals must have been unable to work for at least 60% of their normally scheduled work within a given week because they must provide care to a child or a family member with a disability or a dependent.

The details on each of these three new programs can be found on this page Government of Canada website: Supporting Canadians Through the Next Phase of the Economy Re-opening: Increased Access to EI and Recovery Benefits.

News Release

August 20, 2020

Ontario Extends Orders Under the Reopening Ontario Act, 2020

Extensions needed to address ongoing risks of COVID-19 as province reopens

Ministry of the Solicitor General

TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, is extending orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA). The extensions provide the government with the necessary flexibility to address the ongoing risks and effects of the COVID-19 outbreak and ensure important measures remain in place to protect vulnerable populations, such as seniors, people with developmental disabilities and those with mental health and addiction issues.

All orders under the ROA have been extended to September 22, 2020, with the following exceptions:

“We’ve seen great progress in our fight against COVID-19 in recent weeks, but now is not the time to let our guard down,” said Solicitor General Sylvia Jones. “We must continue safely and gradually down the path to recovery while tackling the ongoing effects of this pandemic. We’re conducting an ongoing review and assessment of all orders to determine if they are still necessary and will relax restrictions or lift orders when it is safe to do so.”

On July 21, 2020, the Ontario Legislature passed the ROA to ensure important measures remained in place to address the sustained threat of COVID-19 once the provincial Declaration of Emergency came to an end. Orders, made under the Emergency Management and Civil Protection Act (EMCPA) that were in effect when the ROA came into force, were continued under the new act for an initial 30 days. Under the ROA, orders can be extended for up to 30 days at a time.

The government will continue to review all orders and will report on order extensions to the newly created Select Committee on Emergency Management Oversight.

The following orders under the ROA have been extended until September 22, 2020:

Important timing implications for Employers with the end of Ontario’s declared emergency

August 5, 2020

Important timing implications for Employers with the end of Ontario’s declared emergency

On July 24, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 came into force and the declared emergency in Ontario came to an end.

As I advised last week, the purpose of Bill 195 is to allow most orders made under sections 7.0.2 and 7.1 of the Emergency Management and Civil Protection Act to remain in force despite the end of the declared emergency. These orders remain in force for 30 days (until August 24, 2020), but can be extended for additional 30 day periods if necessary. 

While the extension of these orders has little effect on workplaces in general, the end of the declared emergency does affect leaves of absence available under the Employment Standards Act, 2000 (ESA).

There are three types of leave that may have been utilized over the past few months, and it is important that you be aware of the differences and timing implications of each.

Emergency Leaves of Absence and Infectious Disease Emergency Leave (IDEL)

The ESA of 2000 provides for a declared emergency leave of absence, which generally requires a state of emergency to be in effect. 

On March 19, 2020, with the onset of the COVID-19 pandemic, the government of Ontario passed Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020. 

This amendment introduced the Infectious Disease Emergency Leave (IDEL) in order to provide job-protected leave to employees in isolation or quarantine due to COVID-19, or to those who needed to be away from work to care for children because of school or day care closures or to care for other relatives.

On May 29, 2020, as the various impacts of COVID-19 became evident, a further regulation was introduced specifically amending the layoff provisions of the ESA. 

This regulation stated that any non-unionized employee whose hours were temporarily reduced or eliminated, or whose wages were temporarily reduced or eliminated for reasons related to COVID-19 was deemed to be on IDEL as of March 1, 2020.

These amendments have resulted in a situation where entitlements may have been initiated under differing rules and regulations, and hence expire at different times.
It is important that you understand which leave of absence is being used, and be aware of the applicable ending date.

Ending of Entitlements

Since the province’s declared emergency ended on July 24, 2020,  employee entitlement to the ‘standard’ emergency leave of absence  – that is the leave of absence of the original ESA (2000) – effectively ended on July 24, 2020.

However, entitlement to IDEL is not dependent on the existence of a state of emergency, it is premised on COVID-19 being designated as an infectious disease under the ESA. 

At the time of the Amendment, on March 19, the government stated that leave would remain in place as long as COVID-19 remains designated as an infectious disease emergency by regulation and the employee remains unable to attend at work due to certain circumstances and criteria. 

COVID-19 does remain designated an infectious disease emergency and employees who meet the qualifying circumstances are still entitled to the leave despite the end of the overall declared emergency. (I have listed the circumstances at the end of this email.)

The regulations of May 29, however, specifically address layoffs and the reduction or elimination of hours or wages due to COVID-19 related circumstances. For non-union employees who are deemed to be on IDEL leave under this regulation, the period is defined as beginning on March 1, 2020 and the leave ends September 4, 2020 – six weeks after the day the declared emergency ended on July 24, 2020.

Implications for Employers

It is unlikely that employees utilized the ‘standard’ declared emergency leave under the ESA and that their leave ended July 24 with the declaration of the end of the emergency. Please contact me if you require clarification on this.

It is more likely that the IDEL under the May 29 regulations addressing layoffs has been utilized, or the IDEL for some employees who have been personally affected by COVID-19.

The end of the deeming rule on September 4, 2020, means that the usual rules regarding temporary layoffs under the ESA will apply again. Employees who continue to experience reduced hours or wages after September 4, 2020, could attempt to claim that their employment has been terminated and assert various claims for compensation. 

This places employers operating at a reduced capacity due to COVID-19 at significant risk if appropriate steps have not been taken to address the temporary lay-off provisions of the ESA.  

I advise you to examine your current operational needs and, if able, take steps to recall workers back to work or adjust current salary reductions before September 4, 2020. 

After September 4 the employee(s) can be placed on a traditional statutory layoff, if necessary, under which the temporary layoff must not last more than 13 weeks in a 20 consecutive week period.

As I mentioned, for employees who have been or are being affected by COVID-19 personally, the IDEL may still apply if they are unable to attend at work due to one of the circumstance outlined below:

  • The employee is under medical investigation, supervision or treatment for COVID-19.
  • The employee is acting in accordance with an order under the Health Protection and Promotion Act.
  • The employee is in isolation or quarantine in accordance with public health information or direction.
  • The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
  • The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
  • The employee is prevented from returning to Ontario because of travel restrictions.
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Employees can also utilize this leave to care for the following individuals:

  • The employee’s spouse.
  • A parent, step-parent or foster parent of the employee or the employee’s spouse.
  • A child, step-child or foster child of the employee or the employee’s spouse.
  • A child who is under legal guardianship of the employee or the employee’s spouse.
  • A brother, step-brother, sister or step-sister of the employee.
  • A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
  • A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.
  • A son-in-law or daughter-in-law of the employee or the employee’s spouse.
  • An uncle or aunt of the employee or the employee’s spouse.
  • A nephew or niece of the employee or the employee’s spouse.
  • The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
  • A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
  • Any individual prescribed as a family member for the purposes of this section.

More Ontario Regions Move to Stage 3, Passage of Bills 195 and 197, Government Adjournment

July 27, 2020

Last week the government of Ontario, in cooperation with the opposition parties and independent Members, agreed to safe, limited sittings of the Legislative Assembly to allow for the passage of two pieces of legislation and move to adjournment of the Assembly until September 14, 2020.

I have provided summaries for you below, as well as the government’s full News Releases.

More regions move to Stage 3 of reopening

Beginning Friday, July 24, all but three (3) Ontario public health regions are permitted to move to Stage 3 of the province’s  Framework for Reopening.
Details of Stage 3 can be downloaded (.pdf) from the Ontario website: Framework for Reopening our Province: Stage 3 

The decisions on when a region is safe to move to Stage 3 is made in consultation with the Chief Medical Officer of Health and is based on local trends such as rate of COVID-19 transmission, ongoing hospital capacity, capacity to conduct rapid case and contact management, and a significant increase in testing.

The three regions remaining in Stage 2 are:

  • Peel Public Health
  • Toronto Public Health
  • Windsor-Essex County Health Unit
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Public Health officials will continue to assess trends in these regions to determine when each can progress to Stage 3.

Bill 195, Bill 197 

Two Bills were passed and Royal Assent received on July 21, 2020: 


Bill 195 came into force on July 24, 2020 to coincide with the termination of the declared provincial emergency. It ensures that measures remain in place to address the threat of COVID-19 once the provincial declaration of emergency has ended. 

Bill 197 is a wide ranging bill that largely makes amendments to other bills, including the Occupational Health and Safety Act.

Regarding Schedule 13 of Bill 197, ‘Occupational Health and Safety Act’  the Explanatory Note from the Legislative Assembly of Ontario advises:

Currently, subsection 70 (2) of the Occupational Health and Safety Act includes the authority to make regulations that adopt by reference certain codes, standards, criteria and guides. An amendment is made to provide that the power to adopt codes, standards, criteria and guides includes the power to adopt them as they may be amended from time to time.

It is unclear at this time what specific codes, standards, criteria and guides may be subject to the Bill. I will keep you informed as more information becomes available.

Canadian Emergency Wage Subsidy (CEWS) program to be revised and extended to November 21.

July 20, 2020

As I advised last week, it has been announced that the Canadian Emergency Wage Subsidy (CEWS) program will be extended to cover the period up to November 21, 2020, with the intent to provide further support until December 19, 2020. 

The government has shared draft legislative proposals that revise aspects of the CEWS and also provide some flexibility to ensure the wage subsidy can adjust to the needs of businesses if economic conditions change.

Finance Minister Bill Morneau announced details of the extension on Friday, July 17. He also detailed the revisions designed to provide assistance to a wider variety of businesses and organizations in more business sectors and address the evolving impact of the COVID-19 pandemic.

In the proposed changes, CEWS will incorporate a rate structure that adapts with the monthly circumstances and situation of the businesses applying for assistance.

The details of the changes are too extensive for me to cover in this client update email, but I have provided a summary for you below. Full information can be found on the Government of Canada Website: Adapting the Canada Emergency Wage Subsidy to Protect Jobs and Promote Growth.

Background

The CEWS program was initially introduced at the onset of the pandemic in Canada, providing a 75-per-cent wage subsidy to eligible employers to cover the 12-week period from March 15 to June 6, 2020.

The 12 weeks were broken into 4 week eligibility periods, with similar, but slightly different, qualifying criteria for each.

On May 15, 2020 the Government announced that it would extend the CEWS by an additional 12 weeks to August 29, 2020. 

It also announced that it would hold public consultations with businesses and other stakeholders to understand if the CEWS was addressing the changing business environment and challenges as provincial and territorial economies began to reopen. 

On June 10 the government announced that the same eligibility criteria for the initial three 4-week periods (March 15 to June 6, 2020) would continue to apply for the period June 7 to July 4, 2020.

Public Input
The proposed revisions to the CEWS are intended to address the concerns and issues raised during the public consultation. These included:

  1. a concern from employers that the current 12-week extension until August 29 may not be enough to help businesses that continue to struggle given the uneven impacts across economic sectors
  2. a desire that the 30% threshold be lowered each month to allow businesses to increase their sales and still be eligible for CEWS
    • some employers also find the current 30% revenue decline test too stringent. They argue that businesses experiencing revenue drops of less than this amount may still be heavily affected by the pandemic
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  3. recognition among employers of a need to provide additional support for those that were particularly adversely impacted, such as food service

New Structure

Effective July 5, 2020, the CEWS would consist of two parts:

  1. a base subsidy available to all eligible employers that are experiencing a decline in revenues, with the subsidy amount varying depending on the scale of revenue decline
    • This base CEWS would be a specified rate, applied to the amount of remuneration paid to the employee for the eligibility period, on remuneration of up to $1,129 per week. 
  2. a top-up subsidy of up to an additional 25 per cent for those employers that have been most adversely affected by the COVID-19 crisis.
    • Generally, an eligible employer’s top-up CEWS would be determined based on the revenue drop experienced when comparing revenues in the preceding 3 months to the same months in the prior year.

The two-part CEWS would apply with respect to the remuneration of active employees. 

A separate CEWS rate structure would apply to furloughed employees.

In addition, a safe harbour would be available to ensure that, through August 29, employers would have access to a CEWS rate that is at least as generous as they would have had under the initial CEWS structure.

The Government of Canada web page Adapting the Canada Emergency Wage Subsidy to Protect Jobs and Promote Growth has full charts and tables outlining details of the proposed CEWS revisions which you can reference to assess how the program would apply to your specific situation.

Extensions announced: Canadian Emergency Wage Subsidy (CEWS) and Ontario Emergency Orders

July 16, 2020

Both the federal government and Ontario provincial government have announced extensions of measures each introduced in response to the COVID-19 pandemic.

I have provided top line information for you as well as the complete News Release from the Government of Ontario which contains links to elements of the Emergency Orders that may be pertinent to your organization.

Federal: CEWS Extension 

The Canada Emergency Wage Subsidy (CEWS) was passed into law on April 11 to assist companies whose revenues declined by more than 30% during the period from mid-March to the end of May. On May 11 it was expanded through to August 29, 2020 to also help mitigate revenue decline during the month of June. 

This past Monday, July 13,  Prime Minister Trudeau said during a press conference “This week, we’ll be announcing an extension to the wage subsidy program until December to give greater certainty and support to businesses as we restart the economy. We’ve also been working very hard, the Deputy Prime Minister Freeland and I, on the safe restart program with the provinces, and we will have an update on that later this week.“

At this time there has not been an official update. I will keep you informed when details are released.

Provincial: Extension of Emergency Orders 

The extension of the Emergency Orders in Ontario is periodically required so that the Orders are in compliance with the Emergency Management and Civil Protection Act (EMCPA). 

The extension does not affect the information I advised you of earlier this week regarding Stage 3 reopening in many Ontario Public Health Units.

In announcing today’s extension, the government said:

Keeping the emergency orders in place provides the government with the necessary flexibility to ensure the protection of vulnerable populations, such as seniors, while continuing to implement its Framework for Reopening the Province with many regions entering Stage 3 on Friday. 

The full text is below.

News Release

Ontario Extends Emergency Orders 

July 16, 2020

Extensions Protect Health and Safety as Economy Gradually Reopens

TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, has extended most emergency orders currently in force under s.7.0.2 (4) of the Emergency Management and Civil Protection Act (EMCPA) until July 29, 2020. Keeping the emergency orders in place provides the government with the necessary flexibility to ensure the protection of vulnerable populations, such as seniors, while continuing to implement its Framework for Reopening the Province with many regions entering Stage 3 on Friday. 

“Although the trends in public health indicators continue to improve, we must remain on our guard and only relax emergency orders if and when safe to do so,” said Premier Doug Ford. “By following our gradual plan to reopen the province, we are seeing people get back to work and resume many activities safely. We do not want to undo the tremendous progress we have made together, so I urge everyone to stay the course and follow public health advice.”

On July 7, 2020, the Government of Ontario introduced the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 that would, if passed, ensure important measures remain in place to address the threat of COVID-19 once the provincial Declaration of Emergency has ended. The extension of these emergency orders under the EMCPA would allow orders that remain essential to be continued under the proposed legislation, if pas sed. The government continues to review emergency orders currently in place to determine when and if they can be safely eased or lifted.

The following orders under s.7.0.2 (4) of the EMCPA are extended until July 29, 2020:
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QUICK FACTSThe Government of Ontario declared a provincial emergency on March 17, 2020 under the EMCPA. The declaration of emergency is currently in effect until July 24, 2020.On July 13, the government announced that more businesses and public spaces can reopenstarting on July 17, 2020 as Stage 3 gets rolled out in many regions of the province.In addition to extending orders, the government is making technical amendments as needed to certain orders. A full list of emergency orders can be found on the e-Laws website under the EMCPA and at Ontario.ca/alert.
ADDITIONAL RESOURCESLearn more about A Framework for Reopening our Province. See how your organization can help fight COVID-19. Information and advice to help your business navigate the economy during COVID-19.Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

Many Ontario Regions Moving to Stage 3

July 13, 2020
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The Government of Ontario today announced that businesses and organizations in 24 Public Health regions will be permitted to move to Stage 3 of the province’s reopening framework beginning Friday, July 17.

Some of the important highlights are noted below. The full announcement can be sourced on the government of Ontario website: Nearly All Businesses and Public Spaces to Reopen in Stage 3

Highlights: Events and Gatherings

Limits on public gatherings will be relaxed to allow gatherings of 50 people indoors and 100 people outdoors.A two metre distance must still be maintained at such events.Public gathering limits apply to indoor and outdoor events, such as community events or gatherings, concerts, live shows, festivals, conferences, sports and recreational fitness activities, fundraisers, fairs, festivals or open houses. Child Care
Beginning July 27, 2020, child care centres will be permitted to operate with cohorts of 15 children, which is an increase from the current cohort cap of 10.  

Personal Protective Equipment (PPE) Supplies
A  Workplace PPE Supplier Directory is available to provide businesses with information on personal protective equipment suppliers so they can keep their employees, customers and clients safe as they resume their operations.

Places and Activities NOT yet safe to open
The following, high-risk places and activities are NOT yet safe to open, even if a region has entered Stage 3: Amusement parks and water parks;Buffet-style food services;Dancing at restaurants and bars, other than by performers hired by the establishment following specific requirements;Overnight stays at camps for children;Private karaoke rooms;Prolonged or deliberate contact while playing sports;Saunas, steam rooms, bath houses and oxygen bars;Table games at casinos and gaming establishments.

Public Health Units NOT yet safe to move to Stage 3
The following Public Health regions will remain in Stage 2 of the reopening framework and will continue to be evaluated to establish a date for safe transition to Stage 3:

  • Durham Region Health Department
  • Haldimand-Norfolk Health Unit
  • Halton Region Health Department
  • Hamilton Public Health Services
  • Lambton Health Unit
  • Niagara Region Public Health Department
  • Peel Public Health
  • Toronto Public Health
  • Windsor-Essex County Health UnitYork Region Public Health Services

Toronto and Peel Public Health Regions move to Stage 2 Wednesday, June 24.

June 22, 2020

The government of Ontario announced today that businesses in the City of Toronto and Peel Region will be permitted to open as the regions move into Stage 2 of the Framework for Reopening.

Toronto Public Health and Peel Public Health will enter Stage 2 on Wednesday, June 24, 2020 at 12:01 a.m. This means that 33 of 34 public health regions in the province will be in Stage 2 on Wednesday, with one (1) remaining public health unit in Stage 1: Windsor-Essex.

The full News Release can be found on the provincial website: Ontario Moving Toronto and Peel Region Into Stage 2.

As part of getting Windsor-Essex region into Stage 2 as soon as possible, the government is ramping up testing and inspections on Ontario’s farms in the area to closely monitor the situation as well as “protect workers and keep our food supply chains strong and healthy”.

For your reference I am including information I distributed last week on best safety practices for reopening, links to guidance from the province and the city of Toronto, and information on employment and labour law aspects to be taken into account.

Emergency Orders in place until June 30

It is important to understand that even as regions opens up for Stage 2, at the same time the government has extended all emergency orders currently in force under s.7.0.2 (4) of the Emergency Management and Civil Protection Act. This extension will be in effect until June 30, 2020. This was announced last Friday, June 19.

To some degree, this is a matter of governmental housekeeping, in that the Act stipulates that emergency orders must be renewed every two weeks to remain in force.

The purpose of the Act is to ensure that the government can continue to have the necessary tools to safely and gradually reopen the province, while continuing to support frontline health care workers and protect vulnerable populations from COVID-19.

The most up to date information on the status of emergency measures can be found on this Ontario page: Emergency Status on COVID-19.

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RELEVANT LINKS

Government of Ontario COVID-19 Information and Response
Government of Ontario Downloadable Template for Workplace Planning
Government of Ontario Framework for Reopening
Government of Ontario Workplace Safety Guidance
Government of Ontario COVID-19 Guidance: Essential Workplaces
Government of Ontario Workplace Safety and Prevention Services
Guidance on Health and Safety for Office Sector during COVID-19
COVID-19 and Ontario’s Human Rights Code – Questions and Answers
City of Toronto COVID-19 Guidance for Employers, Workplaces and Businesses
City of Toronto Sample Screening Form

Downloadable Reopening Toolkit, CERB, Canada/US border

June 16, 2020

As the economies and businesses of Canada and Ontario continue to reopen, I am sure you will be interested in three important announcements made today.

  1. The Ontario government has released a new downloadable toolkit to help employers develop a safety plan to help protect workers, customers and clients. 
  2. The Canadian Emergency Relief Benefit program (CERB) will be extended for an additional 8 weeks and applicants will be able to apply for the program until September 26, 2020.

  3. Prime Minister Trudeau also announced an extension of the US/Canada border closure for another 30 days until July 21, 2020. The border was initially set to re-open on June 21st.  

You will find brief summaries of the announcements below, along with links to the full information.

Ontario Workplace Reopening Toolkit

The toolkit contains much of the information I shared with you last week in respect to opening your workplace safely and in compliance with all regulations.

In addition to the information there is a downloadable Template, in Word format, that you may find helpful in organizing your plan and communicating it to others. There is also a hierarchy of controls with images and descriptions that can help you choose the right controls for your workplace.

You can access the full information, including the Template and Hierarchy of Controls on the Ontario Government website page: Develop your COVID-19 workplace safety plan

Extension of CERB

The CERB program was introduced on April 6 and this extension of the benefit to the last week of September will make the CERB available to eligible workers for up to a total of 24 weeks.

The CERB is a taxable benefit of $2,000 over a four-week period for eligible workers who have stopped working or whose work hours have been reduced, due to COVID-19.

The CERB is available to workers who:

  • live in Canada and are at least 15 years old
  • have stopped working because of reasons related to COVID-19, or are eligible for EI regular or sickness benefits, or have exhausted their EI regular or fishing benefits between December 29, 2019 and October 3, 2020
  • had employment and/or self-employment income of at least $5,000 in 2019, or in the 12 months prior to the date of their application
  • have not earned more than $1,000 in employment and/or self-employment income per benefit period while collecting the CERB
  • have not quit their job voluntarily
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You can read the full announcement on the website of the Prime Minister: Prime Minister announces extension of the Canada Emergency Response Benefit

Extension of Canada / US Border closure

Canada and the United States have mutually agreed that the border will remain closed to all non-essential or discretionary travel, including tourism and cross-border visits, until July 21.

The flow of trade and commerce is exempt, as well as the travel of temporary foreign workers and vital health-care workers such as nurses who live and work on opposite sides of the border. 

Since June 9, immediate family members of citizens or permanent residents who are foreign nationals have been able to enter Canada to be reunited, and this exemption will also continue.

The policy allows immediate family members from the U.S., as well as from other countries, to be able to enter Canada under a series of stipulations.

Eligible immediate family members will be spouses, common-law partners, dependent children and their children, parents, and legal guardians. In order to be allowed in, the family members must have a plan to stay in Canada for at least 15 days, and they will have to self-quarantine for 14 days as soon as they enter the country.

Full details of restrictions on the Canada / US border, as well as other travel information, can be found on the Government of Canada website: Coronavirus disease (COVID-19): Travel restrictions, exemptions and advice

RELEVANT LINKS

Government of Ontario COVID-19 Information and Response
Government of Ontario Framework for Reopening
Government of Ontario Workplace Safety Guidance
Government of Ontario COVID-19 Guidance: Essential Workplaces
Government of Ontario Workplace Safety and Prevention Services
Guidance on Health and Safety for Office Sector during COVID-19
COVID-19 and Ontario’s Human Rights Code – Questions and Answers
City of Toronto COVID-19 Guidance for Employers, Workplaces and Businesses
City of Toronto Sample Screening Form