June 11, 2020

On June 12 most of the Ontario’s public health regions are permitted to move to ‘Stage 2’ of the government’s plan for reopening. Excluded for now are the Toronto and Niagara regions, as well as areas near Windsor and Sarnia. These are currently scheduled to permit Stage 2 reopening on Friday, June 19.

Stage 3, which has not yet been authorized for any region, is the stage at which all workplaces can be opened if guidelines and safety procedures are in place and observed.

The document “A Framework for Reopening our Province” provides full details of the staging process and a detailed sector-specific workplace safety guidance for multiple industries, including construction, utilities, health care, office, retail, hospitality and manufacturing can be accessed »» here

For your reference, I have compiled some important guidelines and helpful tips below. I have also included information on relevant employment and labour law regarding privacy, human rights and other considerations.

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Reopening safely

The first and foremost responsibility in reopening, of course, is the safety of your employees and your obligation to provide a safe workplace under the Occupational Heath and Safety Act and Employment Standards Act.

In that regard, your workplace must follow all the ‘normal’ guidelines as well as new guidelines that have been introduced in response to mitigating the risk of COVID-19 infection. I have outlined them below.

There are two elements involved in opening safely:

1. assessing the workplace to determine whether you are able to satisfy the duty to provide a safe and healthy workplace by implementing controls to address the hazard of COVID-19, and
2. implementing those controls.

Workplace safety assessment

The assessment of the workplace should focus on areas and situations in which potential transmission may occur.

I can recommend three documents that provide tips on analyzing the safety of your workplace and instituting changes that can increase safety and help reduce the risk of COVID-19 transmission.

• This WorkSafeBC document is from a different jurisdiction, but includes practical suggestions on how to do an assessment such as conducting a walk-through of the workplace to identify specific conditions or tasks that may increase the risk of exposure of employees to COVID-19.
• In terms of workplace implementation, on May 1 the Ontario Ministry of Health issued a comprehensive Guidance for Essential Businesses document that contains information and links that can be used for every business.
• The City of Toronto has also made available its COVID-19 Guidance for Employers, Workplaces and Businesses  The city strongly recommends that all employees complete a health screening questionnaire before each work shift and provides a downloadable sample screening form.

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If practical and possible, my suggestion is that your workplace assessment be done in cooperation with an employee representative. In the case of collective bargaining agreements this is certainly necessary. Please contact me for advice.

Remember that all decisions you make must be taken on a reasoned basis, taking into consideration governmental and public health guidance and the employer’s duty of care to its employees, and in a manner consistent with the employer’s workplace health and safety policies.

NOTE: It is important to ensure that all decisions related to workplace health and safety are properly documented.

Workplace safety implementation

After assessment, employers are required to implement preventative measures to ensure workers are not exposed to conditions which could be harmful to their health and safety while working.

These measures can be implemented through engineering controls or through administrative controls.

• Engineering controls address the identified safety issue through installing or changing physical barriers and aspects of the working area.
• Administrative controls include changes in workplace policies or procedures to reduce or minimize exposure to a hazard. To a large degree these will centre around physical distancing measures and ensuring the physical distancing requirements are maintained.

Employers should keep in mind that physical distancing considerations do not only apply to interactions between employees but also may apply to interactions with customers, suppliers, patients, visitors and members of the public.

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The ‘Checklist’ below may be helpful in assessing your workplace and evaluating ways to assure its safety.

Limiting the number of employees and others in the workplace

• Encouraging employees to continue working from home if they are able.
• Allowing only a minimum amount of staff to return to the physical workplace.
• Implementing staggered or rotating returns to the workplace to reduce the number of employees present at the workplace at any one time. For example, specifying which day(s) an employee or group of employees may come to the workplace.
• Controlling the number of customers and other third parties entering and exiting the workplace.

Encouraging physical distancing at work

• Limiting entrance and exit points. Consider whether emergency evacuation plans need to be updated to address changes to access points.
• Rearranging workspaces and floor plans, including increasing separation between desks, workstations, and furniture or fixtures in common spaces such as lunchrooms, meeting rooms, waiting rooms, and washrooms. Examples include taping off every second urinal in a men’s washroom and removing chairs in common spaces to ensure adequate physical distance.
• Controlling access to elevators and areas within the workplace, including updating key cards to limit access and limiting the number of people who may ride in an elevator at a time.
• Adjusting scheduling, such as start/end times and breaks to reduce the number of people using common spaces (such as break rooms, kitchens, and bathrooms) and elevators at the same time.
• Implementing signage to ensure distance is maintained, for example using taped arrows to indicate “one way” traffic in hallways, taping off waiting areas to prevent bottlenecks in small spaces such as washrooms, taping off areas around workstations, appliances, machines, photocopiers, etc. to indicate appropriate two-metre spacing.
• Discouraging or cancelling all non-essential activities, social events and in-person meetings.
• Staggering appointments and meetings with customers or other meeting attendees.

Limiting physical contact and minimizing interpersonal interactions

• Installing physical barriers between workers or between workers and third parties. A common example of a physical barrier is the plexiglass partitions currently found in many grocery stores and pharmacies.
• Removing all communal items that cannot be easily cleaned, such as newspapers, magazines, and candy bowls.
• Reducing or eliminating the sharing of tools and equipment (such as keyboards, pens and other tools) between employees, or if sharing is required, providing solution for employees to disinfect tools and equipment between uses.
• Using technology to minimize interactions, such as using technology to share documents and going “cashless”.

Worker and workplace hygiene

• Promoting regular and thorough hand-washing and good hygiene by employees and other individuals present in the workplace. For example, by ensuring employees have access to soap and water or alcohol-based sanitizer, putting hand sanitizer dispensers in prominent places around the workplace, ensuring these dispensers are regularly refilled, and placing informational posters throughout the workplace.
• Developing procedures for regularly scheduled enhanced cleaning and disinfecting of the workplace, particularly high-contact items such as doors, handles, faucet handles, keyboards, and shared equipment. The previously mentioned Guidance for Essential Businesses provides hygiene guidance and suggestions
• Evaluation of workplace environments as to whether ventilation and filtration provided by heating, ventilating, and air-conditioning systems can reduce the risk of transmission through the air.

Preventing sick employees from being at work
You may find the City of Toronto health screening questionnaire helpful. The questions can be completed on a paper based questionnaire; can be asked directly to employees and answers recorded; or can be completed electronically. Other practices could include:

• Preventing symptomatic employees from attending the workplace by developing written policies and procedures employees must follow if they are sick or suspect they have come into contact with someone diagnosed with COVID-19. This could involve requiring employees to complete a daily “fit for work” questionnaire or COVID-19 self-assessment prior to attending the workplace.
• Requiring employees to take a temperature test before entering the workplace. Note that this type of precaution is not without risk and care should be taken to ensure that employees’ rights are respected Please contact me for advice.
• It is also important to keep in mind the limitations of temperature checks; employees can be contagious prior to having a fever, so this measure will only be partially effective and should only be used as part of a more comprehensive screening program.

Implementing appropriate policies
Consider developing policies and practices to:

• Limit nonessential travel to other locations or worksites.
• Ensure that all employees are trained on all COVID-19 related policies and procedures, including up-to-date education and training on COVID-19 risk factors and protective behaviours (for example, transmission points, equipment cleaning processes, cough etiquette and handwashing).
• Retain the names and contact details of stakeholders attending the worksite to assist public health authorities trace people who may have been exposed to COVID-19 at the worksite. Such action should only be taken after carefully considering and adequately addressing the privacy related concerns this may raise.
• Ensure that policies are kept up to date and being followed, for example through regular audits to ensure employees are maintaining appropriate physical distance.
• Respond appropriately to employee concerns or refusals to work due to workplace health and safety concerns, including providing advance policy for consultation with employers’ joint workplace health and safety committees and appropriately implementing additional policies and controls to address hazards identified by employees on and ongoing basis.
• Check with vendors, suppliers and landlords on measures they have implemented to manage COVID-19 related risks.

Personal protective equipment (PPE) for employees – face masks, gloves and eye protection
The government of Ontario has advised that PPE should only be used when all other mitigation measures have been implemented and that it is effective only if it is appropriate for the situation and people wear it correctly.

There is a danger that PPE can give non-medical employees an undue sense of security. To avoid this, ensure training for all PPE, including gloves, that includes the fit, use, care, putting on and taking off, maintenance, cleaning and limitations of the PPE.

NOTE: With all forms of PPE in high demand, any reopening plan that requires PPE should take into account what forms of PPE the employer has the ability to obtain.

Non-medical masks
The current advice from Canada’s Chief Medical Officer is that individuals should wear a non-medical face mask when they are unable to maintain proper physical distance from others.

A non-medical mask can reduce the chance of an individual’s respiratory droplets coming into contact with others or landing on surfaces. The use of a non-medical mask is primarily to protect an employee’s co-workers, as opposed to protecting the individual wearing the mask.

If you wish to require or encourage employees workers to wear a mask, you should make those masks available, and the provision should be accompanied by a policy on non-medical face masks and training for employees on how to properly use a non-medical mask, as well as their limitations.

NOTE: N95 masks for non-medical use
The Government of Canada does not recommend N95 masks for the general public and medical masks such as the N95 are only recommended for health-care workers and people who are taking care of someone in close settings such as acute care, primary care and long-term care facilities.

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Privacy, human rights and other considerations

Symptomatic employees
Before reopening you should develop a workplace infection control plan that includes procedures for employees displaying symptoms of COVID-19 infection, which includes fever, cough, or shortness of breath.

You may also wish to distribute this plan to employees  so that they will be aware of the procedures.

Regarding symptoms and actions to take if employees exhibit symptoms, the government of Ontario offers this advice:

• If a worker develops COVID-19 symptoms, they should return home and self-isolate immediately.
• If they cannot leave immediately, the worker should be isolated in a specific space until they are able to leave.
• If the worker is very ill, call 911 and let the operator know that the person may have COVID-19.
• If the worker does not have severe symptoms, they should use Ontario’s self assessment tool, and seek assessment and testing (e.g., at an assessment centre) if indicated to do so. They can also contact their health care provider or Telehealth Ontario (1-866-797-0000).

Under the Ontario Human Rights Code OHRC), an employer may not discipline or terminate an employee who has been diagnosed with COVID-19 or is perceived to have COVID-19 (because, for example, they are exhibiting certain symptoms).

An employer should not send an individual employee home, or ask them not to work because of concerns over COVID-19, unless the employer’s concerns are reasonable and consistent with information from medical and Public Health officials.

If an employee tests positive for COVID-19 the OHRC policy position is that the Code ground of disability is engaged in relation to COVID-19, as it covers medical conditions or perceived medical conditions that carry significant social stigma.
Employers have a duty to accommodate employees under the Code in relation to COVID-19, unless it would amount to undue hardship based on cost, or health and safety.

You should also be aware that employers have an obligation to report occupational illness to the Ministry of Labour where employees were exposed to the illness in the workplace, or if the employee files a claim for occupational illness with the Workplace Safety and Insurance Board (“WSIB”).

Accommodating employee requests not to return
Higher-risk individuals
Certain individuals may be at greater risk of contracting COVID-19 or of having more severe complications from COVID-19. According to the Government of Canada, individuals at higher risk include older adults, people with weakened immune systems, and people with medical conditions including heart disease, hypertension, lung disease, diabetes and cancer.

You may wish to have in place a self-disclosure policy whereby employees can disclose that they are at a higher risk. NOTE: This policy must ensure that personal details or sensitive medical information remain confidential. Please contact me for advice.

If the higher risk employee is currently working from home, it may be advisable to continue this arrangement even though the workplace has been reopened.

Employees with childcare issues or caring for a sick relative
Under the OHRC ‘an employer must accommodate an employee who has care-giving responsibilities up to the point of undue hardship.’

Emergency Care Benefits were introduced on March 25 and available for a period of up to 15 weeks to assist

• EI-eligible and non EI-eligible working parents including those that are self-employed who must stay home without pay because of children who are sick or who need additional care because of school closures.
• Non EI-eligible workers including the self employed who do not have access to paid sick leave and are
  • Sick, quarantined, or who have been directed to self-isolate
  • Taking care of a family member who is sick with COVID-19, such as an elderly parent or other dependents who are sick

In some provinces, employees are eligible for job protected leaves if they are required to provide care to a person for a reason related to COVID-19 (i.e. school closure or sickness).

If an employee requests to take a certain unpaid statutory leave of absence and meets the qualifying requirements of that statutory leave, the employer must grant it and may be precluded from terminating the employee’s employment for the duration in the leave.

For employees making such requests, employers may consider:

• Permitting the employee to work from home, if possible.
• Whether the employee is eligible for paid leave in accordance with the employer’s existing contracts, policies and practices.

Employees concerned about workplace safety
You may be advised by one of your employees that they are concerned about the possibility of contracting the coronavirus in the workplace and may, in some cases, refuse to work. 

Employees who believe that a condition in the workplace is likely to endanger their health or safety can refuse to work under the Occupational Health and Safety Act.

An employer cannot threaten to discipline an employee who refuses to work on this basis, and must comply with employer obligations under applicable occupational health and safety legislation.

• the employer must investigate the situation immediately and attempt to work out a satisfactory resolution with the employee
• If that is not possible, the employer must notify a Ministry of Labour inspector or officer, as required by provincial legislation

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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

June 11, 2020

Temporary Layoffs and Constructive Dismissal  – Recent Legislation
There has been considerable discussion surrounding the Ontario government’s legislation introduced on May 29 regarding temporary layoffs and constructive dismissal claims in light of the COVID-19 pandemic.

Normally, significantly reducing or eliminating hours of work, or reducing wages could be considered a constructive dismissal for ESA purposes, even if the employer’s measures in this regard are temporary.

During the pandemic employers have been forced to consider how those principles apply during these unprecedented times. The new regulations provide some clarity.
Specifically, under the Regulations, an employer’s decision

1. to temporarily reduce or eliminate an employee’s hours of work for reasons related to COVID-19, or
2. to temporarily reduce an employee’s wages for reasons related to COVID-19,

will NOT be considered a constructive dismissal under the ESA if the employee’s employment is terminated and severed on or after May 29, 2020.

It should be noted that, although not specified in the Regulation, the Ministry of Labour has indicated that the Regulation is not intended to affect or apply to common law claims of constructive (or wrongful) dismissal filed in Superior Court. 

Accordingly, despite hoping to receive clarification from the government, the issue of whether at common-law a temporary layoff or reduction of hours related to the pandemic is a constructive dismissal still remains to be determined at this time by the courts or legislature.

You may have other questions surrounding actions you or your employees may have implemented and how these may effect reopening.

Please contact me for advice on the specifics of your situation and for assistance working through your staffing matters.

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ADDITIONAL RESOURCES

• Learn more about Stage 1 of reopening Ontario.
• See the list of Stage 1 businesses
• Learn more about A Framework for Reopening our Province.
• Find workplace safety guidance documents to prepare for reopening.
• Information and advice to help your business navigate the economy during COVID-19.
• Provide your input on the economic impacts of COVID-19.
• See how your organization can help fight COVID-19.
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19.

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June 8, 2020

COVID-19 Update: Stage 2 reopening, commercial tenant eviction ban

The government of Ontario has announced that many businesses will be permitted to reopen this Friday, June 12, and has also declared its intention to introduce legislation banning the eviction of commercial tenants.

Please find below provided top line information about these subjects as well as the full text of the News Release from the Government of Ontario announcing the lifting of some restrictions.

Most of Ontario moving to Stage 2 of reopening

Most regions of the province – 24 of 34 public health units – will be allowed to move to Stage 2 of the province’s reopening plan on Friday, June 12.

The remaining 10 units, mainly in the GTA and Hamilton Region, as well as some other public health units near Windsor and Sarnia, will continue to be under Stage 1 restriction until new daily case numbers consistently decrease.

The size limit for social gatherings will increase from 5 to 10 people and places of worship will be able to welcome congregants again with a 30 per cent capacity limit. Both changes also take effect on Friday throughout the province, regardless of public health unit. 

While the release mentions the public health units that will be allowed to open, it does not list those that remain under Stage 1 restrictions. They are:

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

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Small Business Tenants and Landlords

Last week the governments of Ontario and Canada formally announced the opening of applications for assistance for small businesses through the Canada Emergency Commercial Rent Assistance program (CECRA).

During the briefing regarding the Stage 2 reopening, the Premier announced that the government will introduce legislation to ban commercial evictions starting June 3 until the end of August.

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ADDITIONAL RESOURCES

• Learn more about Stage 1 of reopening Ontario.
• See the list of Stage 1 businesses
• Learn more about A Framework for Reopening our Province.
• Find workplace safety guidance documents to prepare for reopening.
• Information and advice to help your business navigate the economy during COVID-19.
• Provide your input on the economic impacts of COVID-19.
• See how your organization can help fight COVID-19.
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19.

News Release

Ontario Permits More Businesses and Services to Reopen in the Coming Days

Restrictions Being Eased in Communities Where It Is Safe to Do So

June 8, 2020 1:15 P.M.Office of the Premier

TORONTO — Today, the Ontario government announced that it is getting more people back to work and more recreational activities open by moving forward with a regional approach to Stage 2 of reopening the province.

In consultation with the Chief Medical Officer of Health and local health officials, the government is easing restrictions in communities where it is safe to do so, based on trends of key public health indicators such as lower rates of transmission, increased capacity in hospitals, and progress made in testing.

Effective Friday, June 12, 2020 at 12:01 a.m., the province will increase the limit on social gatherings from five to 10 people across the province, regardless of whether a region has moved to Stage 2. Additionally, all places of worship in Ontario will also be permitted to open with physical distancing in place and attendance limited to no more than 30 per cent of the building capacity to ensure the safety of worshippers.

Public health unit regions allowed to move into Stage 2 on Friday, June 12 at 12:01 a.m. include:

• Algoma Public Health
• Brant County Health Unit
• Chatham-Kent Public Health
• Eastern Ontario Health Unit
• Grey Bruce Health Unit
• Haliburton, Kawartha, Pine Ridge District Health Unit
• Hastings Prince Edward Public Health
• Huron Perth Public Health
• Kingston, Frontenac and Lennox & Addington Public Health
• Leeds Grenville & Lanark District Health Unit
• Middlesex-London Health Unit
• North Bay Parry Sound District Health Unit
• Northwestern Health Unit
• Ottawa Public Health
• Peterborough Public Health
• Porcupine Health Unit
• Public Health Sudbury & Districts
• Region of Waterloo Public Health and Emergency Services
• Renfrew County and District Health Unit
• Simcoe-Muskoka District Health Unit
• Southwestern Public Health
• Thunder Bay District Health Unit
• Timiskaming Health Unit
• Wellington-Dufferin-Guelph Public Health

Details of the Stage 2 reopening were provided by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, Vic Fedeli, Minister of Economic Development, Job Creation and Trade, and Monte McNaughton, Minister of Labour, Training and Skills Development.

“We are able to make this announcement today because of the extraordinary effort of our frontline workers and every other person in the province who helped to stop the spread of this deadly virus,” said Premier Ford. “Entering Stage 2 means parts of the province will see more people back on the job and an opportunity to get back together with friends and family. Although this is extremely encouraging, I urge everyone to exercise caution and continue to follow public health advice as we are not out of the woods yet.”

Businesses and services permitted to reopen with proper health and safety measures in place in regions entering Stage 2 include:

• Outdoor dine-in services at restaurants, bars and other establishments, including patios, curbside, parking lots and adjacent properties;
• Select personal and personal care services with the proper health and safety measures in place, including tattoo parlours, barber shops, hair salons and beauty salons;
• Shopping malls under existing restrictions, including food services reopening for take-out and outdoor dining only;
• Tour and guide services, such as bike and walking, bus and boat tours, as well as tasting and tours for wineries, breweries and distilleries;
• Water recreational facilities such as outdoor splash pads and wading pools, and all swimming pools;
• Beach access and additional camping at Ontario Parks;
• Camping at private campgrounds;
• Outdoor-only recreational facilities and training for outdoor team sports, with limits to enable physical distancing;
• Drive-in and drive-through venues for theatres, concerts, animal attractions and cultural appreciation, such as art installations;
• Film and television production activities, with limits to enable physical distancing; and
• Weddings and funerals, with limits on social gatherings to 10 people.

As more people return to work, the services they rely on will need to be available regardless of the stage a region is in. The province will soon release more details on:

• Child care
• Summer camps;
• Post-secondary education pilots to help people graduate;
• Training centres; and
• Public transit.

“The health and long-term economic well-being of the people of Ontario has guided every decision we have made in response to COVID-19,” said Rod Phillips, Minister of Finance and Chair of the Ontario Jobs and Recovery Committee. “The people and employers of Ontario have demonstrated responsible behaviour throughout the global pandemic. I’m confident that will continue in Stage 2 and beyond. Our collective health and the economic recovery of the province depend on it.”

At the beginning of each week, the government will provide an update on the ongoing assessment of these regions, and whether they are ready to move into Stage 2 at the end of the week.

Everyone, regardless of where they live in the province, must continue to follow public health advice, including to practise physical distancing, wear a face covering if physical distancing is a challenge, wash hands frequently and thoroughly, and avoid touching your eyes, nose and mouth. The Chief Medical Officer of Health and health experts will continue to closely monitor the evolving situation to advise when public health restrictions can be gradually loosened or if they need to be tightened.

“As a result of efforts of all Ontarians to stop the spread of COVID-19, many regions have met the criteria to move into the next stage of our reopening plan, including a decrease in new daily cases and sufficient hospital capacity in the event of any spikes in cases or outbreaks,” said Minister Elliott. “Our regional approach recognizes that different regions in the province are experiencing COVID-19 differently and can safely and gradually ease restrictions and reopen local businesses. We will continue to monitor any shifts in the spread and take decisive action to contain any outbreaks.”

The government, in partnership with health and safety associations, has released more than 100 health and safety guidance documents at Ontario.ca/COVIDsafety to help employers in multiple sectors ― including retail, restaurant and food services and child care ― keep spaces safe for workers and customers. As they prepare to reopen, employers are strongly advised to review these guidance documents and implement appropriate measures to help protect their workers and customers.

“Ontario employers have the information and the tools they need to keep workers safe,” said Minister McNaughton. “That includes safety guidelines, posters and tip sheets to promote safe workplaces and help stop the spread of COVID-19. I strongly advise everyone to visit Ontario.ca/COVIDsafety to read, download, print and post them, for your sake and the sake of those around you.”

“Since the beginning of this pandemic, our government has worked together with Ontario’s business community to mobilize our manufacturing and innovation might to develop made-in-Ontario solutions,” said Minister Fedeli. “As we proceed into Phase 2 of the reopening process, we will continue to support both businesses and workers as we move forward on the path to economic recovery together.”

Quick Facts

• For questions about what is currently able to open during Stage 1, or what will be open or impacts to your business or employment when we enter Stage 2, call the Stop the Spread Business Information Line at 1-888-444-3659.
• The Ontario Jobs and Recovery Committee wants to hear directly from people and organizations from all regions and sectors to help inform the next steps in Ontario’s Action Plan in response to COVID-19. You can provide your input here.
• Visit Ontario.ca/reopen to learn how you can provide your feedback on the impacts of COVID-19 on personal finances, business supports and government relief measures.
• On April 1, 2020, the government launched the $50 million Ontario Together Fund to support the development of proposals submitted by businesses and individuals through the Ontario Together web portal and help businesses retool their operations.
• The government has launched the Workplace PPE Supplier Directory to provide businesses with information on personal protective equipment (PPE) suppliers. The directory can be accessed here.

Additional Resources

• Learn more about Stage 2 of reopening Ontario
• Learn more about A Framework for Reopening our Province
• Find workplace safety guidance documents to prepare for reopening
• Information and advice to help your business navigate the economy during COVID-19
• Provide your input on the economic impacts of COVID-19
• See how your organization can help fight COVID-19
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19
• Get the facts from Public Health Ontario on how to protect yourself and others

Please find below a release from the Government of Ontario

News Release

Ontario Extending Infectious Disease Emergency Leave for Workers During COVID-19

June 1, 2020, 8:52 A.M.

New Regulation will protect employees from permanent layoffs and businesses from potential closures

TORONTO – The Ontario government is taking steps to help ensure that as the economy gradually and safely reopens workers will have jobs to return to and businesses will be protected from incurring unsustainable termination costs. Today, the government announced that it has enacted a new regulatory amendment that will put non-unionized employees on Infectious Disease Emergency Leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by their employer due to COVID-19. This will ensure businesses aren’t forced to terminate employees after their ESA temporary layoff periods have expired.

Terminations triggered when temporary layoffs exceed the permitted length under the Employment Standards Act can result in costly payouts which, for many businesses, could be the difference between survival and closure. Under the new regulatory change to the Employment Standards Act, non-unionized employees who have had their hours reduced or eliminated because of the pandemic will be deemed to be on Infectious Disease Emergency Leave. Workers will remain employed with legal protections and be eligible for federal emergency income support programs.

“As we take the necessary steps to safely and gradually restart the economy, we need to make sure business owners can reopen their doors and workers have jobs to go back to,” said Monte McNaughton, Minister of Labour, Training & Skills Development. “This regulatory change will protect businesses from being forced to permanently lay off their employees due to COVID-19 and suffer a financial loss that could shutter their operations for good.”

Many businesses had to close or reduce operations to comply with emergency orders necessary to stop the spread of COVID-19. According to Statistics Canada, 379,000 Ontario workers were temporarily laid off in April 2020, an increase of 2,496 per cent compared with one year earlier.

The regulatory amendment applies retroactively to March 1, 2020 and will expire six weeks after the declared emergency ends. The regulatory amendments do not include employees represented by a trade union.

The government is also supporting people and businesses by providing billions of dollars in deferrals and relief. That includes deferring $1.9 billion in Workplace Safety and Insurance Board premium payments until August 31, 2020, $10 billion in interest and penalty relief, and other deferrals to improve cash flow, protect jobs and help household budgets. In addition, the province is partnering with the federal government to provide commercial rent relief for commercial tenants and landlords through the Canada Emergency Commercial Rent Assistance (CECRA) program.

Quick Facts

• The Financial Accountability Office of Ontario estimates that about 2.2 million Ontario employees were directly affected by pandemic-related shutdowns, through either job losses (1.1 million), temporary layoffs or sharply reduced hours (1.1 million) in 2020.
• Termination and severance obligations create a significant financial burden for businesses. For example, a restaurant with 30 staff could be liable for termination payments as high as $100,000.

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Additional Resources

• O. Reg. 228/20 under the Employment Standards Act, 2000
• Learn About how the Government is Supporting People, Businesses and Families during COVID-19
• Ontario Helping Businesses Overcome the Unique Challenges Created by COVID-19
• Ontario’s Action Plan: Responding to COVID 19
• Resources to Prevent COVID-19 in the Workplace

May 28, 2020

Paid sick leave and other COVID-19 updates that may be of interest

A number of employers have inquired about whether the government will introduce paid sick leave as part of the COVID-19 response plan.

Prime Minister Trudeau has raised the idea of paid sick leave for federal employees and has been consulting with the Premiers and encouraging implementation at the provincial level. As of today this is still in discussion and no legislation has been introduced.

New online benefits finder tool

The federal government has launched a web-based benefits finder tool »» “Find financial help during COVID-19” to help people living in Canada determine which government benefits programs best meet their needs.

After answering a few simple questions to establish their specific circumstances, individuals will be presented with a list of financial benefits that could be available to them.

The tool includes federal, provincial and territorial benefits programs available, including the Canada Emergency Response Benefit (CERB), Canada Child Benefit top-up and the recently-launched Canada Emergency Student Benefit (CESB) as well as measures such as mortgage and student loan deferrals. It will be updated as needed as the government continues to support Canadians during this challenging time.

Ontario extends Emergency Orders to June 9

Last week the Ontario provincial government extended a variety of emergency orders to Tuesday June 2. Today the Premier announced that these orders will be further extended to Tuesday, June 9.

Orders that will be extended include closure of:

• outdoor playgrounds, play structures and equipment
• public swimming pools and outdoor water facilities such as splash pads
• bars and restaurants  – except for takeout and delivery. 

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Additionally, there continues to be restrictions on social gatherings of more than five people, and staff redeployment rules remain in place for long-term care homes and congregate settings like retirement homes and women’s shelters.

To be clear, this is an extension of the current situation that was introduced on Tuesday, May 19. Some outdoor recreational amenities ARE open and can remain open, including:

• outdoor sports facilities and multi-use fields including:
  • baseball diamonds
  • soccer fields
  • frisbee golf locations
  • tennis, platform tennis, table tennis and pickleball courts
  • basketball courts, BMX parks, and skate parks
• off-leash dog areas; and
• outdoor picnic sites, benches and shelters in park and recreational areas.

In extending the Emergency Orders today, the Premier reiterated that “people should continue to follow these simple public health guidelines: practise physical distancing, wear a mask when it is a challenge to physical distance, and wash their hands regularly. If you think you have COVID-19 or may have been exposed to the virus, go to an assessment centre and get tested.”

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ADDITIONAL RESOURCES

• Learn more about Stage 1 of reopening Ontario.
• See the list of Stage 1 businesses
• Learn more about A Framework for Reopening our Province.
• Find workplace safety guidance documents to prepare for reopening.
• Information and advice to help your business navigate the economy during COVID-19.
• Provide your input on the economic impacts of COVID-19.
• See how your organization can help fight COVID-19.
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19.

May 26, 2020

Schedule of applications for Canadian Emergency Commercial Rent Assistance

The details of the Canadian Emergency Commercial Rent Assistance (CECRA) program have now been agreed between the federal and provincial and territorial governments.

In order to handle the anticipated number of applications as efficiently as possible, the submission dates have been organized by province/territory and number of tenants:

• Monday May 25: Property owners in Atlantic Canada, British Columbia, Alberta, and Quebec, with up to 10 tenants who are eligible for the program.
• Tuesday, May 26: Property owners in Manitoba, Saskatchewan, Ontario, and the Territories, with up to 10 tenants who are eligible for the program.
• Wednesday, May 27: All other property owners in Manitoba, Saskatchewan, Ontario, and the Territories.
• Thursday, May 28: All other property owners in Atlantic Canada, British Columbia, Alberta, and Quebec.
• Friday, May 29: All property owners across Canada.

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The program will be delivered in partnership with provincial and territorial governments and will provide forgivable loans to landlords of 50% of monthly rent, with the expectation that landlords and tenants will each contribute 25%.

The program applies to April and May (retroactive), and June rent.
 
CECRA is available for small businesses paying less than $50,000 per month in gross rent, with annual consolidated revenues of less than $2 million, and that have experienced at least a 70% drop in pre-COVID-19 revenues. Non-profit and charitable organizations are also eligible for CECRA.

Applications must be made through eligible property owners, not through the tenants.  Applicants should visit the Canada Mortgage and Housing Corporation (CMHC) website.

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ADDITIONAL RESOURCES

• Learn more about Stage 1 of reopening Ontario.
• See the list of Stage 1 businesses
• Learn more about A Framework for Reopening our Province.
• Find workplace safety guidance documents to prepare for reopening.
• Information and advice to help your business navigate the economy during COVID-19.
• Provide your input on the economic impacts of COVID-19.
• See how your organization can help fight COVID-19.
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19.

May 20, 2020

Important COVID-19 announcements from federal and provincial governments

In the past few days there have been important announcements and actions from both the federal and provincial governments as they balance necessary safety precautions with the reopening of the economy and assistance for companies and individuals in the coming months.

On Friday, May 15, federal Finance Minister Morneau announced that the Canadian Emergency Wage Subsidy will be extended to August 29 and will  encompass more employers and workers.  

Yesterday, Prime Minister Trudeau announced expansion of the eligibility criteria for the Canada Emergency Business Account (CEBA) to include more small businesses.  


In Ontario the provincial government has initiated Stage 1 of its tiered plan to reopen workplaces, business and our economy.

It is also amending some emergency orders related to outdoor recreational amenities and drive-in religious gatherings while extending all other emergency orders until May 29, 2020.

Also announced is that the current Canada / US border restrictions will remain in place until June 21 and that schools in Ontario will remain closed for the remainder of the school year, reopening in September. 

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Canadian Emergency Wage Subsidy (CEWS) extended to August 29

The Canada Emergency Wage Subsidy (CEWS) is designed to:

• help businesses keep employees on the payroll
• encourage employers to re-hire workers previously laid off, and 
• better position businesses to bounce back following the crisis.

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It 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 to also help mitigate revenue decline during the month of June, and Minister Morneau has now announced a further 12 week extension, through to August 29, 2020.

Key business and labour representatives will consult with the government over the next month on potential adjustments to the program to incent jobs and growth, including the 30 per cent revenue decline threshold. 

More information will be announced soon.

Eligibility for the CEWS will also be extended to the following groups:

• Partnerships that are up to 50-per-cent owned by non-eligible members
• Indigenous government-owned corporations that are carrying on a business, as well as partnerships where the partners are Indigenous governments and eligible employers
• Registered Canadian Amateur Athletic Associations
• Registered Journalism Organizations; and
• Non-public colleges and schools, including institutions that offer specialized services, such as arts schools, driving schools, language schools or flight schools.

The full text of the announcement can be found on the Government of Canada website
.

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Canada Emergency Business Account (CEBA) to include more small businesses.

The Prime Minister announced expanded eligibility criteria for the Canada Emergency Business Account (CEBA). The program will now be available to the following businesses: 

• sole proprietors receiving income directly from their businesses
• businesses that rely on contractors, and 
• family-owned corporations that pay employees through dividends rather than payroll.
 

The CEBA provides interest-free loans of up to $40,000 to small businesses facing reduced revenues due to the COVID-19 pandemic. Twenty-five per cent of this loan is forgivable if repaid by December 31, 2022.
 
To qualify under the expanded eligibility criteria, applicants with payroll lower than $20,000 will need:

• A business operating account at a participating financial institution.
• A Canada Revenue Agency business number.
• To have filed a 2018 or 2019 tax return.
• Eligible non-deferrable expenses between $40,000 and $1.5 million. Eligible non-deferrable expenses include costs such as rent, property taxes, utilities, and insurance.

 
Expenses will be subject to verification and audit by the Government of Canada. Funding will be delivered in partnership with financial institutions.
 


More details, including the launch date for applications under the new criteria, will follow in the days to come. I will keep you informed.

The full text of the announcement can be found on the website of the Prime Minister’s Office.

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Ontario extends most emergency orders, amends outdoor recreation emergency orders

On the advice of the Chief Medical Officer of Health, the Ontario government has extended until May 29, 2020 all emergency orders that have been put in place to-date under the Emergency Management and Civil Protection Act.

Effective Tuesday, May 19, 2020, Ontario is amending an emergency order to open some outdoor recreational amenities, including: 

• outdoor sports facilities and multi-use fields including:
  • baseball diamonds
  • soccer fields
  • frisbee golf locations
  • tennis, platform tennis, table tennis and pickleball courts, 
  • basketball courts, BMX parks, and skate parks
• off-leash dog areas; and 
• outdoor picnic sites, benches and shelters in park and recreational areas.

Remaining closed are:

• Outdoor playgrounds, play structures and equipment
• fitness equipment
• public swimming pools, splash pads and similar outdoor water facilities

In addition, the government has approved an exemption to the emergency order related to gatherings to allow Ontarians to attend drive-in religious gatherings.

The full text of the announcement, with details about individual services, can be found on the Government of Ontario website.

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ADDITIONAL RESOURCES

• Learn more about Stage 1 of reopening Ontario.
• See the list of Stage 1 businesses
• Learn more about A Framework for Reopening our Province.
• Find workplace safety guidance documents to prepare for reopening.
• Information and advice to help your business navigate the economy during COVID-19.
• Provide your input on the economic impacts of COVID-19.
• See how your organization can help fight COVID-19.
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19.

May 14, 2020

The Ontario government today announced that some seasonal businesses and health and community service providers will be permitted to open as soon as this weekend.

The announcement heralds the introduction of Stage 1 in the government’s three stage plan to safely reopen the economy, as outlined in A Framework for Reopening our Province.

It was also announced that “Assuming trends in key public health indicators continue to improve”, many other businesses, including certain retail outlets, recreational activities, animal services, and health and medical services may be permitted to open on Tuesday, May 19.

The province will be providing an update on school closures and child care early next week.

If you have questions about what will be open or impacts to your business or employment, you can call the Stop the Spread Business Information Line at 1-888-444-3659.

I have provided my top-line summary of the announcement below, followed by the full text, which includes links to more information about many government services and programs.

I hope you will find this helpful and informative and that you, your employees, family, friends and loved ones are staying safe and healthy and continuing to follow the guidance of our public health authorities.

If you are considering opening your workplace, the post on my website: Reopening Your Workplace provides a good checklist and reminder of things to consider to assure employee and client/customer safety as well as compliance with employment law.

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Summary

Saturday, May 16

As soon as 12:01 a.m. on Saturday, May 16, 2020:

• Golf courses will be able to open, with clubhouses open only for washrooms and restaurants open only for take-out.
• Marinas, boat clubs and public boat launches may open for recreational use.
• Private parks and campgrounds may open to enable preparation for the season and to allow access for trailers and recreational vehicles whose owners have a full season contract.
• Businesses that board animals, such as stables, may allow boarders to visit, care for or ride their animal.

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Tuesday, May 19
Assuming trends in key public health indicators continue to improve the first stage of reopening will begin on Tuesday, May 19, 2020 at 12:01 a.m. and will include:

• Retail services that are not in shopping malls and have separate street-front entrances with measures in place that can enable physical distancing, such as limiting the number of customers in the store at any one time and booking appointments beforehand or on the spot.
• Seasonal businesses and recreational activities for individual or single competitors, including training and sport competitions conducted by a recognized national or provincial sport organization. This includes indoor and outdoor non-team sport competitions that can be played while maintaining physical distancing and without spectators, such as tennis, track and field and horse racing.
• Animal services, specifically pet care services, such as grooming and training, and regular veterinary appointments.
• Indoor and outdoor household services that can follow public health guidelines, such as housekeepers, cooks, cleaning and maintenance.
• Lifting essential workplace limits on construction.
• Allowing certain health and medical services to resume, such as in-person counselling and scheduled surgeries based on the ability to meet pre-specified conditions as well as resuming professional services such as shifting Children’s Treatment Centres from virtual to in-person.

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Full text of announcement

News Release

Ontario Announces Additional Workplaces that Can Reopen

May 14, 2020

Additional seasonal, retail and household businesses must follow public health guidelines

TORONTO — Today, the Ontario government announced the retailers, seasonal businesses and health and community service providers who will be permitted to open or expand their services on Tuesday, May 19, 2020 at 12:01 a.m., provided that the general trend on health indicators continues to improve as part of the first stage of the government’s reopening framework. The workplaces opening as part this stage are well-positioned to put workplace safety measures in place and get more people back to work, while not overburdening public transit and other services.

The government also announced additional seasonal services and activities will be permitted to open as early as Saturday May 16, 2020 at 12:01 a.m., in time for the Victoria Day long weekend, as key public health indicators continue to show progress.                   

The details were provided by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, Vic Fedeli, Minister of Economic Development, Job Creation and Trade, and Monte McNaughton, Minister of Labour, Training and Skills Development.

“During the last several weeks, the people of Ontario have been called on to make incredible sacrifices to help us stop the spread of COVID-19, including staying home from work, closing down businesses and going without a regular paycheque,” said Premier Ford. “However, we are reopening even more of our businesses beginning this long weekend. We are taking a cautious, balanced approach to our economic reopening, to protect the health and safety of everyone.”

As soon as 12:01 a.m. on Saturday, May 16, 2020:

• Golf courses will be able to open, with clubhouses open only for washrooms and restaurants open only for take-out.
• Marinas, boat clubs and public boat launches may open for recreational use.
• Private parks and campgrounds may open to enable preparation for the season and to allow access for trailers and recreational vehicles whose owners have a full season contract.
• Businesses that board animals, such as stables, may allow boarders to visit, care for or ride their animal.

The government’s responsible and measured approach to reopening will allow business owners and service provider’s time to ensure workplaces are safe for staff, consumers and the general public. Assuming trends in key public health indicators continue to improve, Ontario’s first stage of reopening will begin on Tuesday, May 19, 2020 at 12:01 a.m. and will include:

• Retail services that are not in shopping malls and have separate street-front entrances with measures in place that can enable physical distancing, such as limiting the number of customers in the store at any one time and booking appointments beforehand or on the spot.
• Seasonal businesses and recreational activities for individual or single competitors, including training and sport competitions conducted by a recognized national or provincial sport organization. This includes indoor and outdoor non-team sport competitions that can be played while maintaining physical distancing and without spectators, such as tennis, track and field and horse racing.
• Animal services, specifically pet care services, such as grooming and training, and regular veterinary appointments.
• Indoor and outdoor household services that can follow public health guidelines, such as housekeepers, cooks, cleaning and maintenance.
• Lifting essential workplace limits on construction.
• Allowing certain health and medical services to resume, such as in-person counselling and scheduled surgeries based on the ability to meet pre-specified conditions as outlined in A Measured Approach to Planning for Surgeries and Procedures During the COVID-19 Pandemic, as well as resuming professional services such as shifting Children’s Treatment Centres from virtual to in-person.

“We are taking a cautious, practical and reasonable approach to restarting the economy, while maintaining the health and safety of the p eople of Ontario as our top priority,” said Minister Phillips. “This will allow Ontario to emerge from this outbreak with a clear path to economic recovery that keeps people safe and healthy.”

The government and health and safety associations have released more than 90 safety guidance documents to assist employers in multiple sectors, including construction, retail, facilities maintenance and manufacturing. As new sectors of the economy begin to reopen, additional resources will be made available to help protect the safety of workers and the general public.

To support business-owners, workers and the economic recovery of the province, the government has launched a website to provide businesses with information on personal protective equipment (PPE) suppliers. The Workplace PPE Supplier Directory has an up-to-date list of Ontario companies and business associations that are ready to supply personal protective equipment.

“Ontario’s businesses stepped up at the outset of this crisis not only to keep their workers and customers safe, but to come forward with innovative ideas and solutions that represent the best of the Ontario Spirit,” said Minister Fedeli. “This new website is truly a made-in-Ontario approach with Ontario businesses helping Ontario businesses.”

The government continues to prioritize the needs of patients, frontline health care workers and first responders when it comes to having critical equipment and supplies to protect themselves during the COVID-19 outbreak. Businesses are encouraged to access only the PPE they need to keep their employees and customers safe.

“We will leave no stone unturned in our mission to keep workers in this province safe,” said Minister McNaughton. “Ontario’s labour laws are clear: businesses must protect the health and safety of workers, including against workplace hazards like COVID-19. That’s why our ministry has released practical safety guidelines, doubled our capacity to help people by phone and hired more inspectors. We want to ensure everyone is safe at work.”

To ensure that these first actions to reopen the province are a success, the public should continue to adhere to public health measures, including practising physical distancing or wearing a face covering when physical distancing is difficult or not possible, as well as regular handwashing and staying home when ill. The Chief Medical Officer of Health will closely monitor the evolving situation to advise when certain public health restrictions, including adjustments to social gatherings can be gradually loosened or if they need to be tightened.

“Because of the collective efforts of all Ontarians, we are making real and significant progress in our battle against COVID-19, with the number of new cases each day shrinking,” said Minister Elliott. “As we move forward with caution, public health experts will closely monitor each stage of reopening to carefully assess the evolution of the outbreak, so we can benefit from the best practices and lessons learned across Ontario.”

QUICK FACTS

• The province will be providing an update on school closures and child care early next week.
• 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.
• On April 30, 2020, the government, in partnership with Ontario’s Health and Safety Associations, released sector-specific guidelines and posters to help protect workers, customers and the general public in preparation for the gradual reopening of the economy. These contain recommendations and tips for employers on how to keep workers and customers safe and prevent the spread of COVID-19.
• On April 27, 2020, the government released A Framework for Reopening our Province, which unveiled the guiding principles to the safe, stage-by-stage reopening of businesses, services and public spaces in Ontario. This gradual reopening is part of the first stage of Phase 2: Restart in Ontario’s Framework for Reopening our Province.
• On March 25, 2020, the government launched Ontario’s Action Plan: Responding to COVID 19, a $17-billion package with funding targeted to protect the people of Ontario and support jobs, businesses and families as part of the government’s initial response to the pandemic. 
• The new Ontario Jobs and Recovery Committee wants to hear directly from people and organizations from all regions and sectors to help inform the next phases of Ontario’s Action Plan in response to COVID-19. The survey, which is seeking feedback on the impacts of COVID-19 on personal finances, business supports and government relief measures, will be open until June 2020. Visit Ontario.ca/reopen to learn how you can provide your input.

ADDITIONAL RESOURCES

• Learn more about Stage 1 of reopening Ontario.
• See the list of Stage 1 businesses
• Learn more about A Framework for Reopening our Province.
• Find workplace safety guidance documents to prepare for reopening.
• Information and advice to help your business navigate the economy during COVID-19.
• Provide your input on the economic impacts of COVID-19.
• See how your organization can help fight COVID-19.
• Visit Ontario’s website to learn more about how the province continues to protect the people of Ontario from COVID-19.

May 11, 2020

Prime Minister Trudeau has announced extensions, expansions and establishment of programs intended to ease the financial burden of companies effected by COVID-19 and to provide support during the process of the reopening of the economy.

• The Canadian Emergency Wage Subsidy (CEWS) program will be extended through June 2020.
• The Business Credit Availability Program (BCAP) will be expanded to help provide support for mid-market businesses.
• The Large Employer Emergency Financing Facility (LEEFF) is being established to provide bridge financing to Canada’s largest employers.
• The Industry Strategic Council is being created to advise the government on the specific needs of sectors impacted by COVID-19.

I have provided summaries of the programs below.

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Extension of CEWS program

The CEWS program was passed into law on April 11 to assist companies whose revenues have declined due to the impact of COVID-19.

There are currently three claiming periods, with the third claiming period originally intended to be the final period, ending on June 6.

The exact dates and periods of the extension have not yet been detailed, I will keep you informed of any announcements.

As a reminder, if you have already applied for the CEWS in one period, it is also necessary to reapply for the subsidy for each period.

CEWS Summary

• Available to all Canadian businesses, not-for-profits and charities, that are not publicly funded, facing a revenue decline of at least 15% in March, and 30% in April and May because of COVID-19
• Wage subsidy of 75% available on a maximum salary of $58,700 ($847 per week)
• Eligible employer must demonstrate that its monthly gross revenues for the particular month have decreased by 30% or more (15% in March), as compared to its gross revenues for the same month in 2019
• Gross revenue means the employer’s gross revenue from its business carried on in Canada earned from arm’s-length sources
• Revenue is calculated using the employer’s normal accounting method, and excludes revenues from extraordinary items and amounts on account of capital
• Employers will need to attest that they are doing their part to contribute the additional 25% of wages
• Employers found to violate the terms of the program will face severe penalties

»» Link to Government of Canada CEWS information

Current claiming periods: 

	Claiming period	Reference period for eligibility
Period 1	March 15 – April 11	March 2020 over March 2019
Period 2	April 12 – May 9	April 2020 over April 2019
Period 3	May 10 – June 6	May 2020 over May 2019

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Expansion of Business Credit Availability Program (BCAP)

The BCAP is being expanded to better support mid-market businesses with the availability of loans of up to $60 million per company, and guarantees of up to $80 million.

Through the BCAP, Export Development Canada (EDC) and the Business Development Bank of Canada (BDC) will work with private sector lenders to support access to capital for Canadian businesses in all sectors and regions. It will continue to provide financing to businesses through Farm Credit Canada, the BDC, and EDC, including through the Canada Account.

Also continuing is the Canada Emergency Business Account (CEBA) to support businesses that paid between $20,000 and $1.5 million in total payroll in 2019.

»» Information about the BCAP expansion is included in the Prime Minister’s announcement of the LEEFF.

»» More information about the CEBA can be found on the Government of Canada COVID-19 Economic Response Plan webpage

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Large Employer Emergency Financing Facility (LEEFF)

The role of the LEEFF is to provide bridge financing to Canada’s largest employers, whose needs during the pandemic are not being met through conventional financing, in order to keep their operations going. 

The objective of this support is to help protect Canadian jobs, help Canadian businesses weather the current economic downturn, and avoid bankruptcies of otherwise viable firms where possible. 

The additional liquidity provided through LEEFF will allow Canada’s largest businesses and their suppliers to remain active during this difficult time, and position them for a rapid economic recovery.

The Prime Minister stressed that “the support will not be used to resolve insolvencies or restructure firms, nor will it provide financing to companies that otherwise have the capacity to manage through the crisis.”

»» Link to announcement of LEEFF Program

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Industry Strategic Council

The Council will help the government understand the impact on industries and specific sectoral pressures that COVID-19 has caused. The Department of Innovation, Science, and Economic Development indicated that over the next 90 days, the Council will meet regularly to identify and understand sectoral pressures that are common across the industries. Members of the Council will be announced soon and will complement the structure and focus of the Economic Strategy Tables. Advanced ManufacturingClean TechnologyTourismDigital IndustriesHealth/Bio-sciencesResources of the FutureThe Industry Strategy Council creates a venue for the government to consult directly across industries.

More details will be available shortly.

May 7, 2020

With the federal and provincial governments having outlined plans for restarting out economy you may be considering reopening your workplace in the coming days or weeks.

I know that there are many factors that will weigh into your decision and I have prepared a summary of employment and labour law considerations that should be included.

First and foremost, of course, is the safety of your employees and your obligation to provide a safe workplace under the Occupational Heath and Safety Act and Employment Standards Act.

In that regard, your workplace must follow all the ‘normal’ guidelines as well as new guidelines that have been introduced in response to mitigating the risk of COVID-19 infection. I have outlined them below.

I have also included information on issues regarding privacy and human rights that should be taken into account.

You may have questions surrounding actions you or your employees may have implemented such as Temporary Layoffs, Employment Insurance Sickness Benefits or the federal Work-Sharing program and how these may effect reopening.

Please contact me for advice on the specifics of your situation, for assistance working through your staffing matters or with any questions. 

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Deciding whether and when to reopen a workplace

As an employer you must first determine whether you  can legally reopen your physical workplace(s).

Ontario is currently in Stage 1 of a three stage reopening program outlined in the government’s “A Framework for Reopening our Province”.

In conjunction with the Framework detailed sector-specific workplace safety guidance was released for multiple industries, including construction, utilities, health care, office, retail, hospitality and manufacturing. This guidance can be accessed »» here

Summary of Ontario Reopening Stages

In Stage 1, among businesses that were ordered to close or restrict operations, workplaces that can immediately meet or modify operations to meet public health guidance and occupational health and safety requirements will be permitted to reopen.

In Stage 2, more workplaces will be opened, based on risk assessments, which may include some service industries and additional office and retail workplaces.

In Stage 3, all workplaces will be opened responsibly.
There is no predetermined schedule for Stages 2 and 3, they will be implemented as public health permits.

Stage 1 came into effect May 4, allowing certain businesses to reopen:

• Garden centres and nurseries with curbside pick-up and delivery only
• Lawn care and landscaping;
• Additional essential construction projects that include:
  • shipping and logistics;
  • broadband, telecommunications, and digital infrastructure;
  • any other project that supports the improved delivery of goods and services;
  • municipal projects;
  • colleges and universities;
  • child care centres;
  • schools; and
  • site preparation, excavation, and servicing for institutional, commercial, industrial and residential development;
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• Automatic and self-serve car washes;
• Auto dealerships, open by appointment only;
• Golf courses and marina may prepare for the upcoming seasons but may not open to the public

 On May 6, Premier Ford announced the following businesses may open:

• May 8, garden centres and nurseries can reopen for in store payment and purchases, operating under the same guidelines as grocery stores and pharmacies
• May 9, hardware stores and safety supply stores may reopen under the same guidelines
• May 11, non-essential retail stores with a street entrance may begin offering curbside pickup and delivery, in accordance with the Ministry of Health’s Guidance for Essential Workplaces and occupation health and safety requirements

Additionally, essential construction projects that may continue have been expanded to include new below-grade multi-unit residential construction projects like apartments and condominiums.

The Ontario Ministry of Health has issued a comprehensive Guidance for Essential Businesses document that contains information and links that can be used for every business.

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Reopening safely

Having determined that your workplace can legally reopen,  you will need to consider whether it can be opened safely. This exercise consists of 

• assessing the workplace to determine whether you are able to satisfy the duty to provide a safe and healthy workplace by implementing controls to address the hazard of COVID-19, and 
• implementing those controls.

Workplace safety assessment

The assessment of the workplace should focus on areas and situations in which potential transmission may occur.

You may find it helpful to download and reference this document from WorkSafeBC in British Columbia. While it is from a different jurisdiction, it includes practical suggestions such as conducting a walk-through of the workplace to identify specific conditions or tasks that may increase the risk of exposure of employees to COVID-19. 

If practical and possible, my suggestion is that this assessment be done in cooperation with an employee representative. In the case of collective bargaining agreements this is almost certainly necessary. Please contact me for advice.

Remember that all decisions must be taken on a reasoned basis, taking into consideration governmental and public health guidance and the employer’s duty of care to its employees, and in a manner consistent with the employer’s workplace health and safety policies. 

NOTE: It is important to ensure that all decisions related to workplace health and safety are properly documented.

Workplace safety implementation
After assessment, employers are required to implement preventative measures to ensure workers are not exposed to conditions which could be harmful to their health and safety while working.

These measures can be implemented through engineering, or through administrative controls.

For engineering controls to address the hazard, the hazard should be removed or a barrier introduced between the hazard and the worker.

Administrative controls include changes in workplace policies or procedures to reduce or minimize exposure to a hazard. To a large degree these will centre around physical distancing measures and ensuring the physical distancing requirements are maintained. 

Employers should keep in mind that physical distancing considerations do not only apply to interactions between employees but also may apply to interactions with customers, suppliers, patients, visitors and members of the public.

The ‘Checklist’ below may be helpful in assessing your workplace and evaluating ways to assure its safety.

Limiting the number of employees and others in the workplace

• Encouraging employees to continue working from home if they are able.
• Allowing only a minimum amount of staff to return to the physical workplace.
• Implementing staggered or rotating returns to the workplace to reduce the number of employees present at the workplace at any one time. For example, specifying which day(s) an employee or group of employees may come to the workplace.
• Controlling the number of customers and other third parties entering and exiting the workplace.

Encouraging physical distancing at work

• Limiting entrance and exit points. Consider whether emergency evacuation plans need to be updated to address changes to access points.
• Rearranging workspaces and floor plans, including increasing separation between desks, workstations, and furniture or fixtures in common spaces such as lunchrooms, meeting rooms, waiting rooms, and washrooms. Examples include taping off every second urinal in a men’s washroom and removing chairs in common spaces to ensure adequate physical distance.
• Controlling access to elevators and areas within the workplace, including updating key cards to limit access and limiting the number of people who may ride in an elevator at a time.
• Adjusting scheduling, such as start/end times and breaks to reduce the number of people using common spaces (such as break rooms, kitchens, and bathrooms) and elevators at the same time.
• Implementing signage to ensure distance is maintained, for example using taped arrows to indicate “one way” traffic in hallways, taping off waiting areas to prevent bottlenecks in small spaces such as washrooms, taping off areas around workstations, appliances, machines, photocopiers, etc. to indicate appropriate two-metre spacing.
• Discouraging or cancelling all non-essential activities, social events and in-person meetings.
• Staggering appointments and meetings with customers or other meeting attendees.

Limiting physical contact and minimizing interpersonal interactions

• Installing physical barriers between workers or between workers and third parties. A common example of a physical barrier is the plexiglass partitions currently found in many grocery stores and pharmacies.
• Removing all communal items that cannot be easily cleaned, such as newspapers, magazines, and candy bowls.
• Reducing or eliminating the sharing of tools and equipment (such as keyboards, pens and other tools) between employees, or if sharing is required, providing solution for employees to disinfect tools and equipment between uses.
• Using technology to minimize interactions, such as using technology to share documents and going “cashless”.

Worker and workplace hygiene

• Promoting regular and thorough hand-washing and good hygiene by employees and other individuals present in the workplace. For example, by ensuring employees have access to soap and water or alcohol-based sanitizer, putting hand sanitizer dispensers in prominent places around the workplace, ensuring these dispensers are regularly refilled, and placing informational posters throughout the workplace.
• Developing procedures for regularly scheduled enhanced cleaning and disinfecting of the workplace, particularly high-contact items such as doors, handles, faucet handles, keyboards, and shared equipment. This document from the Government of Ontario provides hygiene guidance and suggestions,
• Evaluation of workplace environments as to whether ventilation and filtration provided by heating, ventilating, and air-conditioning systems can reduce the risk of transmission through the air.

Preventing sick employees from being at work

• Preventing symptomatic employees from attending the workplace by developing written policies and procedures employees must follow if they are sick or suspect they have come into contact with someone diagnosed with COVID-19. This could involve requiring employees to complete a daily “fit for work” questionnaire or COVID-19 self-assessment prior to attending the workplace. 
• Requiring employees to take a temperature test before entering the workplace. Note that this type of precaution is not without risk and care should be taken to ensure that employees’ rights are respected Please contact me for advice.
  • It is also important to keep in mind the limitations of temperature checks; employees can be contagious prior to having a fever, so this measure will only be partially effective and should only be used as part of a more comprehensive screening program.

Implementing appropriate policies

Consider developing policies and practices to:

• Limit nonessential travel to other locations or worksites.
• Ensure that all employees are trained on all COVID-19 related policies and procedures, including up-to-date education and training on COVID-19 risk factors and protective behaviours (for example, transmission points, equipment cleaning processes, cough etiquette and handwashing).
• Retain the names and contact details of stakeholders attending the worksite to assist public health authorities trace people who may have been exposed to COVID-19 at the worksite. Such action should only be taken after carefully considering and adequately addressing the privacy related concerns this may raise.
• Ensure that policies are kept up to date and being followed, for example through regular audits to ensure employees are maintaining appropriate physical distance.
• Respond appropriately to employee concerns or refusals to work due to workplace health and safety concerns, including providing advance policy for consultation with employers’ joint workplace health and safety committees and appropriately implementing additional policies and controls to address hazards identified by employees on and ongoing basis.
• Check with vendors, suppliers and landlords on measures they have implemented to manage COVID-19 related risks.

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Personal protective equipment (PPE) for employees – face masks, gloves and eye protection
The government of Ontario has advised that PPE should only be used when all other mitigation measures have been implemented and that it is effective only if it is appropriate for the situation and people wear it correctly.

There is a danger that PPE can give non-medical employees an undue sense of security. To avoid this, ensure training for all PPE, including gloves, that includes the fit, use, care, putting on and taking off, maintenance, cleaning and limitations of the PPE.

NOTE: With all forms of PPE in high demand, any reopening plan that requires PPE should take into account what forms of PPE the employer has the ability to obtain.

Non-medical masks
The current advice from Canada’s Chief Medical Officer is that individuals should wear a non-medical face mask when they are unable to maintain proper physical distance from others.

A non-medical mask can reduce the chance of an individual’s respiratory droplets coming into contact with others or landing on surfaces. The use of a non-medical mask is primarily to protect an employee’s co-workers, as opposed to protecting the individual wearing the mask.

If you wish to require or encourage employees workers to wear a mask, you should make those masks available, and the provision should be accompanied by a policy on non-medical face masks and training for employees on how to properly use a non-medical mask, as well as their limitations.

NOTE: N95 masks for non-medical use:
The Government of Canada does not recommend N95 masks for the general public and medical masks such as the N95 are only recommended for health-care workers and people who are taking care of someone in close settings such as acute care, primary care and long-term care facilities.

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Privacy, human rights and other considerations

Symptomatic employees
Before reopening you should develop a workplace infection control plan that includes procedures for employees displaying symptoms of COVID-19 infection, which includes fever, cough, or shortness of breath. 

You may also wish to distribute this plan to employees  so that they will be aware of the procedures.

Regarding symptoms and actions to take if employees exhibit symptoms, the government of Ontario offers this advice:

• If a worker develops COVID-19 symptoms, they should return home and self-isolate immediately.
• If they cannot leave immediately, the worker should be isolated in a specific space until they are able to leave.
• If the worker is very ill, call 911 and let the operator know that the person may have COVID-19.
• If the worker does not have severe symptoms, they should use Ontario’s self assessment tool, and seek assessment and testing (e.g., at an assessment centre) if indicated to do so. They can also contact their health care provider or Telehealth Ontario (1-866-797-0000).

Under the Ontario Human Rights Code OHRC), an employer may not discipline or terminate an employee who has been diagnosed with COVID-19 or is perceived to have COVID-19 (because, for example, they are exhibiting certain symptoms).

An employer should not send an individual employee home, or ask them not to work because of concerns over COVID-19, unless the employer’s concerns are reasonable and consistent with information from medical and Public Health officials.

If an employee tests positive for COVID-19 the OHRC policy position is that the Code ground of disability is engaged in relation to COVID-19, as it covers medical conditions or perceived medical conditions that carry significant social stigma.

Employers have a duty to accommodate employees under the Code in relation to COVID-19, unless it would amount to undue hardship based on cost, or health and safety.

You should also be aware that employers have an obligation to report occupational illness to the Ministry of Labour where employees were exposed to the illness in the workplace, or if the employee files a claim for occupational illness with the Workplace Safety and Insurance Board (“WSIB”).

Accommodating employee requests not to return

Higher-risk individuals
Certain individuals may be at greater risk of contracting COVID-19 or of having more severe complications from COVID-19. According to the Government of Canada, individuals at higher risk include older adults, people with weakened immune systems, and people with medical conditions including heart disease, hypertension, lung disease, diabetes and cancer. 

You may wish to have in place a self-disclosure policy whereby employees can disclose that they are at a higher risk.
NOTE: This policy must ensure that personal details or sensitive medical information remain confidential. Please contact me for advice.

If the higher risk employee is currently working from home, it may be advisable to continue this arrangement even though the workplace has been reopened.

Employees with childcare issues or caring for a sick relative
Under the OHRC ‘an employer must accommodate an employee who has care-giving responsibilities up to the point of undue hardship.’

Emergency Care Benefits were introduced on March 25 and available for a period of up to 15 weeks to assist

• EI-eligible and non EI-eligible working parents including those that are self-employed who must stay home without pay because of children who are sick or who need additional care because of school closures.
• Non EI-eligible workers including the self employed who do not have access to paid sick leave and are
  • Sick, quarantined, or who have been directed to self-isolate
  • Taking care of a family member who is sick with COVID-19, such as an elderly parent or other dependents who are sick

In some provinces, employees are eligible for job protected leaves if they are required to provide care to a person for a reason related to COVID-19 (i.e. school closure or sickness).

If an employee requests to take a certain unpaid statutory leave of absence and meets the qualifying requirements of that statutory leave, the employer must grant it and may be precluded from terminating the employee’s employment for the duration in the leave.

For employees making such requests, employers may consider:

• Permitting the employee to work from home, if possible.
• Whether the employee is eligible for paid leave in accordance with the employer’s existing contracts, policies and practices.

Employees concerned about workplace safety
You may be advised by one of your employees that they are concerned about the possibility of contracting the coronavirus in the workplace and may, in some cases, refuse to work. 



Employees who believe that a condition in the workplace is likely to endanger their health or safety can refuse to work under the Occupational Health and Safety Act.



An employer cannot threaten to discipline an employee who refuses to work on this basis, and must comply with employer obligations under applicable occupational health and safety legislation.

• the employer must investigate the situation immediately and attempt to work out a satisfactory resolution with the employee
• If that is not possible, the employer must notify a Ministry of Labour inspector or officer, as required by provincial legislation

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Relevant Links:
Government of Canada COVID-19 Information and Response

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