April 3, 2020

The Government of Ontario has extended business closures and revised the list of essential businesses through an updated Emergency Order.

Below please find the news release that includes further details and links, including a new list of Essential Businesses.

The release also notes that business-owners with questions concerning their essential business status are encouraged to call the Stop the Spread hotline at 1-888-444-3659. The hotline is available from 8:30 a.m.― 9:00 p.m. Monday to Friday and 8:30 a.m.— 5:00 p.m. Saturday and Sunday.

April 3, 2020

News Release

Ontario Extends Business Closures to Stop the Spread of COVID-19 

Additional Measures Necessary to Protect the Health and Safety of the People of Ontario

TORONTO — Following the advice of the Chief Medical Officer of Health, the Ontario government is reducing the list of businesses classified as essential and ordering more workplaces to close. This measure is necessary to prevent the spread of COVID-19 and protect the health of the people of Ontario, while ensuring that necessary goods and services remain available.

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The government is ordering all businesses not covered by the updated Emergency Order to close effective as of Saturday, April 4, 2020 at 11:59 p.m. This closure will be in effect for 14 days, with the possibility of an extension as the situation evolves. Teleworking, online commerce and other innovative ways of working remotely are permitted at all times and are strongly encouraged for all businesses. All supply chains necessary for the production of vital food and healthcare supplies are being protected and remain intact.

The updated essential businesses list can be found here.

“We are facing a critical moment in the fight against COVID-19 and we must do everything in our power to keep everyone safe and healthy and prevent our health care system from being overwhelmed,” said Premier Ford. “Everyone must do their part to stop the spread and flatten the curve. If you are not an essential business, you need to close your doors, work from home if possible and play a role to help contain this outbreak. This is a matter of life and death.”

As a temporary measure the Ontario government has revised the list of essential businesses. The updated list will direct additional businesses to close and restricts specified businesses to providing services by alternate methods such as curb side pick up and delivery, except in exceptional circumstances. This includes stores that sell hardware products, vehicle parts and supplies, pet and animal supplies, office supplies and computer products and repairs and safety supplies.

“We have now reached a critical time in our fight against COVID-19.” said Christine Elliott, Deputy Premier and Minister of Health “Every step taken by the province and every effort made by each of us to avoid close contact with others are the key to our success as a province to stop the spread of this virus.”

Only critical construction projects will continue, including industrial projects such as refineries and petrochemical plants and infrastructure projects such as new hospitals, roads and bridges. New starts in residential projects will stop, while residential construction that is near completion will continue.

Business-owners with questions concerning their essential business status are encouraged to call the Stop the Spread hotline at 1-888-444-3659. The hotline is available from 8:30 a.m.― 9:00 p.m. Monday to Friday and 8:30 a.m.— 5:00 p.m. Saturday and Sunday.

“We recognize the toll this outbreak is taking on business owners and workers,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “Ontario businesses are top of mind during this unprecedented time. We know that the only way to ensure the health of our businesses and our economy is to ensure the health of all Ontarians.”

The government is implementing additional measures to protect frontline workers in essential businesses by adding more than 60 special consultants and officers and doubling the number of phone agents at its Health and Safety Call Centre to 50 to make it easier for workers to report safety concerns. Workers worried their workplaces are unsafe can phone 1-877-202-0008 to speak with an agent.

“If you’re a worker on the frontlines of this outbreak, you should know we’re doing everything in our power to keep you safe at work,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “We’re beefing up our inspectors and making it easier for you to report your concerns. We’re working around the clock.”

April 1, 2020

The Government of Canada made several announcements today and clarified aspects of the COVID-19 Economic Response Plan designed to help businesses and laid off employees in the coming weeks and months.

The Plan is broken into 3 elements:


1. COVID-19 Emergency Wage Subsidy (CEWS)
2. COVID-19 Emergency Response Benefit (CERB)
3. Small and Medium-sized Enterprise Loan and Guarantee program

I have summarized the main points of the three elements below. I hope you will find it informative. I will keep you apprised of any updates in regards to this plan or any other programs. 

COVID-19 Emergency Wage Subsidy (CEWS)

This measure is intended to ensure that workers are able to count on a source of income through this difficult time. It will enable employers to re-hire workers previously laid off, and to keep those who are already on payroll, so that Canada’s workforce and supply chains are able to return from this crisis in a strong position.

CEWS

• Applies to eligible employers who suffer a drop in gross revenues of at least 30 per cent in March, April or May, when compared to the same month in 2019
• Eligible employers include employers of all sizes and across all sectors of the economy, with the exception of public sector entities.
• CEWS will apply at a rate of 75 per cent of the first $58,700 normally earned by employees – representing a benefit of up to $847 per week. 
• The program will be in place for a 12-week period, from March 15 to June 6, 2020.
• An eligible employer’s entitlement to this wage subsidy will be based entirely on the salary or wages actually paid to employees. 
• All employers will be expected to at least make best efforts to top up salaries to 100% of the maximum wages covered. Employers will have to attest to doing everything they can to pay the remaining 25%
• Severe penalties for companies trying to take advantage

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CEWS for Non-Profit companies and Registered Charities

• For non-profit organizations and registered charities similarly affected by a loss of revenue, the government will continue to work with the sector to ensure the definition of revenue is appropriate to their circumstances.
• The government is also considering additional support for non-profits and charities, particularly those involved in the front line response to COVID-19. Further details will be announced in the near term.

CEWS application

• Eligible employers will be able to access the Canada Emergency Wage Subsidy by applying through a Canada Revenue Agency online portal. 
• More details regarding how to apply for the program will follow. 

Organizations that do NOT qualify for CEWS

• Those organizations that do NOT qualify for the Canada Emergency Wage Subsidy may continue to qualify for the previously announced wage subsidy of 10 per cent of remuneration paid from March 18 to before June 20, up to a maximum subsidy of $1,375 per employee and $25,000 per employer.

More information can be found at: https://www.canada.ca/en/department-finance/news/2020/04/government-announces-details-of-the-canada-emergency-wage-subsidy-to-help-businesses-keep-canadians-in-their-jobs.html

---

COVID-19 Emergency Response Benefit (CERB)

The CERB will provide $2,000 a month for up to four months for workers who lose their income as a result of the COVID-19 pandemic as well as contract workers, freelance workers and self-employed individuals.

The CERB is available to:

• wage earners who have lost their job, are sick, quarantined, or taking care of someone who is sick with COVID-19
• working parents who must stay home without pay to care for children who are sick or at home because of school and daycare closures. 
• Freelance and laid off employees
• Applications open beginning April 6 online at Canada.ca. Details will be announced
• Applicants can choose to have payments by mail (will receive payment in 10 days) or direct deposit (will receive payment in 3-5 days)
• Persons receiving CERB will be required to confirm every month that they are still out of work

Employees receiving CEWS are not eligible for CERB.

Employees who have already applied for EI do NOT need to register on April 6.

More information can be found at: https://www.canada.ca/en/revenue-agency/campaigns/covid-19-update/covid-19-benefits-credits-support-payments.html

---

Small and Medium-sized Enterprise Loan and Guarantee program

The new Small and Medium-sized Enterprise Loan and Guarantee program is intended for small and medium-sized companies that require greater help to meet their operational cash flow requirements.

It will enable up to $40 billion in lending, supported through Export Development Canada (EDC) and Business Development Bank (BDC), for guaranteed loans when small businesses go to their financial institutions to help weather the impacts of COVID-19. 
In order to be eligible, businesses must have been impacted directly or indirectly by recent events and have been financially viable prior to the impact from COVID-19.

Small and Medium-sized Enterprise Loan and Guarantee program will operate as follows:

• Small and medium-sized businesses can get support through a new Co-Lending Program that will bring the BDC together with financial institutions to co-lend term loans to these businesses for their operational cash flow requirements
• Eligible businesses may obtain incremental credit amounts up to $6.25 million, 80 per cent of which would be provided by BDC, with the remaining 20% by a financial institution
• EDC will also provide funding to financial institutions so that they can issue new operating credit and cash flow term loans of up to $6.25 million to small and medium-sized businesses, as a result of a new domestic mandate enhancing EDC’s role in supporting Canadian businesses through COVID-19 crisis.
• These loans will be 80 per cent guaranteed by EDC, to be repaid within one year.
• Eligible companies could obtain up to $12.5 million through these two lending streams.

More information can be found at: https://www.bdc.ca/en/pages/special-support.aspx

This morning, Prime Minister Trudeau provided important details on the government’s commitment to provide a 75% wage subsidy for businesses impacted by COVID-19.  

Canada Emergency Wage Subsidy details include:

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»»Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Essential workplaces
»» COVID-19 Emergency Response Act March 26

March 30, 2020

• Will cover 75% of salary on the first $58,700 earned, back dated to March 15
• Any business with at least a 30% revenue decrease because of COVID-19 qualifies
• Number of employees does not matter
• It applies to non-profits, charities and companies big and small
• Funding to employers will be through a credit facility that is being established

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The Prime Minister warned that there will be serious consequences for any business that improperly uses this benefit.

He encouraged companies that are able to top up the remaining 25% for their employees to do so, reiterating that ‘Canadians are all in this together’.

This subsidy is in addition to the CERB that was announced previously to assist business owners and self-employed persons who have lost their employment.

Mr. Trudeau also indicated that Minister of Finance, Hon. Bill Morneau, and Minister of Small Business, Hon. Mary Ng, will provide a detailed briefing tomorrow with additional information.

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»»Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Essential workplaces
»» Canada Emergency Wage Subsidy March 30

The Government of Canada’s COVID-19 Emergency Response Act received royal assent yesterday (march 25, 2020) and is now law.

Complete information can be found on the Government of Canada Website: https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html

Canada Emergency Response Benefit (CERB)

This benefit replaces the previously announced Emergency Care Benefit and the Emergency Support Benefit.

The mechanics of the system are being implemented, abd it has been announced that the CERB will be accessible through a secure web portal starting in early April. Applicants will also be able to apply via an automated telephone line or via a toll-free number.

The CERB will provide a taxable benefit of $2,000 a month for up to 4 months to:

• workers who must stop working due to COVID19 and do not have access to paid leave or other income support
• workers who are sick, quarantined, or taking care of someone who is sick with COVID-19
• working parents who must stay home without pay to care for children that are sick or need additional care because of school and daycare closures
• workers who still have their employment but are not being paid because there is currently not sufficient work and their employer has asked them not to come to work
• wage earners and self-employed individuals, including contract workers, who would not otherwise be eligible for Employment Insurance.

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Employment Insurance Sickness Benefits

As outlined before, employees who are sick, quarantined or have been directed to self-isolate, will not be required to provide a medical certificate to access EI sickness benefits.

Employment Insurance

Employees who have been recently laid off or have reduced hours and qualify for Employment Insurance benefits, can submit their request today.

Deferment of filing date for income tax returns and income tax balances

The filing due date for the 2019 tax returns of individuals.(other than trusts), will be deferred until June 1, 2020.   

Any new income tax balances due, or instalments, will be deferred until after August 31, 2020 without incurring interest or penalties.

Note: For those who expect to receive benefits under the Goods and Services Tax credit or the Canada Child Benefit, the government encourages them to not delay their 2019 return filing to ensure that entitlements are properly determined.

Mortgage support

Canadian banks have committed to work with their customers on a case-by-case basis to find solutions to help them manage hardships caused by COVID-19. Canadians who are impacted by COVID-19 and experiencing financial hardship as a result should contact their financial institution regarding flexibility for a mortgage deferral. This allows flexibility to be available − when needed − to those who need it the most.

Contact your financial institution for further mortgage assistance.

The Canada Mortgage and Housing Corporation and other mortgage insurers offer tools to lenders that can assist homeowners who may be experiencing financial difficulty. These include payment deferral, loan re-amortization, capitalization of outstanding interest arrears and other eligible expenses, and special payment arrangements.

Canada’s mortgage insurers are committed to providing homeowners with solutions to mitigate temporary financial hardship related to COVID-19.

This includes permitting lenders to defer up to six monthly mortgage payments (interest and principal) for impacted borrowers. Deferred payments are added to the outstanding principal balance and subsequently repaid throughout the life of the mortgage.

Special Goods and Services Tax credit payment for low and modest income families

A one-time special payment by will be provided by early May through the Goods and Services Tax credit for low- and modest-income families.
The average additional benefit will be close to $400 for single individuals and close to $600 for couples.
There is no need to apply for this payment. Those who are eligible will receive it automatically.

Reduced minimum withdrawals for Registered Retirement Income Funds

The required minimum withdrawals from Registered Retirement Income Funds (RRIFs) are being reduced by 25% for 2020.

Moratorium on the repayment of Canada Student Loans

Effective March 30, there will be a six-month interest-free moratorium on the repayment of Canada Student Loans for all student loan borrowers. No payment will be required and interest will not accrue during this time.
Students do not need to apply for the repayment pause.

Other Support and benefits

Canada Child Benefit
An extra $300 per child will be provided through the Canada Child Benefit (CCB) for 2019-20. This will mean approximately $550 more for the average family.
This benefit will be delivered as part of the scheduled CCB payment in May.
Those who already receive the Canada Child Benefit do not need to re-apply.

Indigenous Community Support Fund
The government will provide $305 million for a new distinctions-based Indigenous Community Support Fund to address immediate needs in First Nations, Inuit, and Métis Nation communities.

Homelessness
The government will continue to support people experiencing homelessness during the COVID-19 outbreak by providing $157.5 million to the Reaching Home initiative.
The funding could be used for a range of needs such as purchasing beds and physical barriers for social distancing and securing accommodation to reduce overcrowding in shelters.

Women’s shelters and sexual assault centres
The government is supporting women and children fleeing violence by providing up to $50 million to women’s shelters and sexual assault centres to help with their capacity to manage or prevent an outbreak in their facilities.

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»»Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

For the purposes of this order, businesses include any for-profit, non-profit or other entity providing the goods and services described herein.

This does not preclude the provision of work and services by entities not on this list either online, by telephone or by mail/delivery.

Note that teleworking and online commerce are permitted at all times for all businesses.

Supply chains

1.    Businesses that supply other essential businesses or essential services with the support, supplies, systems or services, including processing, packaging, distribution, delivery and maintenance necessary to operate;

Retail and Wholesaling

2.    Businesses engaged in the retail and wholesale sale of food, pet food and supplies, and household consumer products necessary to maintain the safety, sanitation and essential operations of residences and businesses, including grocery stores, supermarkets, convenience stores, markets and other similar retailers;

3.    Businesses that provide essential items for the health and welfare of animals, including feed, animal food, pet food and animal supplies including bedding;

4.    Beer, wine and liquor stores and alcohol producers, and stores that sell beer and wine through arrangements with authorized providers; cannabis stores and cannabis producers;

5.    Gas stations, diesel, propane and heating fuel providers including providers of motor vehicle, aircraft and water/marine craft fuels;

6.    Motor vehicle, auto-supply, auto and motor-vehicle-repair, including bicycle repair, aircraft repair, heavy equipment repair, watercraft/marine craft repairs, car and truck dealerships and related facilities;

7.    Hardware stores and stores that provide hardware products necessary to the essential operations of residences and businesses;

8.    Business providing pharmaceuticals and pharmaceutical services, including pharmacies and dispensaries;

9.    Businesses that supply office products and services, including providing computer products and related repair and maintenance services, for individuals working from home and for essential businesses;

10. Safety supply stores (for e.g. work clothes, Personal Protective Equipment);

Food Services and Accommodations

11. Restaurants and other food facilitiesthat prepare and serve food, but only for delivery or takeaway, together with food delivery services;

12. Hotels, motels, shared rental units and similar facilities, including student residences;

Institutional, Residential, Commercial and Industrial  Maintenance

13. Businesses that provide support and maintenance services, including urgent repair, to maintain the safety, security, sanitation and essential operation of institutional, commercial industrial and residential properties and buildings, including, property management services,plumbers, electricians, custodial/janitorial workers, cleaning services, , security services, fire safety and sprinkler systems, building systems maintenance and repair technicians and engineers, mechanics, (e.g. HVAC, escalator and elevator technicians), and other service providers who provide similar services

Telecommunications and IT Infrastructure/Service Providers

14. Businesses engaged in providing or supporting Information Technology (IT) including online services, software products and related services, as well as the technical facilities such as data centres and other network facilities necessary for their operation and delivery; 

15.  Businesses providing telecommunications services (phone, internet, radio, cell phones etc) as well as support facilities such as call centres necessary for their operation and delivery;

Transportation

16. Taxis and other private transportation providers providing transportation services necessary for activities of daily living;

17. Businesses and facilities that provide transportation services to businesses and individuals including by air, water, road, and rail including providing logistical support, distribution services, warehousing and storage, including truck stops and tow operators;

18. Businesses that provide materials and services for the operation, maintenance and safety of transportation systems (road, transit, rail, air and marine) including delivery of maintenance services such as clearing snow, response to collisions, and completing needed repairs to the transportation systems.

Manufacturing and Production

19. Businesses that extract, manufacture, process and distribute goods, products, equipment and materials, including businesses that manufacture inputs to other manufacturers (e.g. primary metal/ steel, blow molding, component manufacturers, chemicals, etc. that feed the end-product manufacturer);

20. Businesses, facilities and services that support and facilitate the two- way movement of essential goods within integrated North American and Global supply chains.

Agriculture and food production

21. Businesses that farm, harvest, process, manufacture, produce or distribute food, including beverages, crops, animal products and by-products, aquaculture, hunting and fishing;

22. Businesses that support the food supply chain including assembly yards, livestock auctions, food distribution hubs, feed mills, farm equipment suppliers, feed suppliers, food terminals and warehouses, animal slaughter plants and grain elevators;

23. Business that support the safety of food including animal and plant health and animal welfare;

24. Businesses that provide veterinary services, and that supply veterinary and animal control medications and related supplies and testing kits;

25. Businesses that help to ensure safe and effective waste management including deadstock, rendering, nutrient management, bio hazardous materials, green waste, packaging recycling;

Construction

26. Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;

27. Construction projects and services required to ensure safe and reliable operations of critical provincial infrastructure, including transit, transportation, energy and justice sectors beyond the day-to-day maintenance;

28. Construction work and services, including demolition services, in the industrial, commercial, institutional and residential sectors;

29. Construction work and services that supports health and safety environmental rehabilitation projects

Financial activities

30. Capital markets (e.g., the TSX);

31. Banking & Activities related to Credit Intermediation; credit unions;

32. Insurance;

33. Businesses that provide pension services and employee benefits services;

34. Businesses that provide financial services including payment processing, the payroll division of any employer (as defined by the Employment Standards Act/Occupational Health and Safety Act), any entity whose operation is the administration of payroll, banks and credit unions;

Resources

35. Businesses that ensure global continuity of supply of mining materials and products (e.g. metals such as copper, nickel and gold) and that support supply chains in Northern Ontario including;

a.    Mining operations, production and processing;  

b.    Mineral exploration and development;

c.     Mining Supply and Services that ssupport supply chains in the mining industry including maintenance of operations, health and safety. 

36. Businesses that provide chemicals and gases to support the natural resource sector analytical labs and drinking water and wastewater sectors and other essential businesses;

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37. Businesses that ensure global continuity of supply of forestry products (e.g. lumber, pulp, paper, wood fuel, etc.);

38. Businesses that ensure global continuity of supply of aggregates to support critical infrastructure repairs and emergency response requirements (e.g. sandbags, armour stone barriers, etc.);

39. Businesses that ensure global continuity of supply of petroleum and petroleum by-products;

Environmental Services

40. Businesses that support environmental management/monitoring and spill clean-up and response, including environmental consulting firms, professional engineers and geoscientists, septics haulers, well drillers, pesticides applicators and exterminators, management of industrial sewage/effluent (eg for mining operations), and environmental laboratories;

Utilities and Community Services

41. Utilities, and Businesses that support the provision of utilities and community services, including by providing products, materials and services needed for the delivery of utilities and community services:

a.    Waste Collection, Waste/ Sewage Treatment and Disposal, operation of landfills, and Hazardous Waste Disposal;

b.    Potable drinking water;

c.     Electricity Generation, transmission, distribution and storage;

d.    Natural Gas distribution, transmission and storage,

e.    Road construction and maintenance;

f.      police, fire, emergency services including coroner services and pathology services ;

g.    corrections and courts services;

h.    other government services including licenses and permits;

42. Businesses engaged in or supporting the operation, maintenance and repair of critical infrastructure (railways, dams, bridges, highways, erosion control structures, etc.);

Communications Industries

43. Newspaper publishers;

44. Radio & Television Broadcasting;

45. Telecommunications providers;

Research

46. Businesses and organizations that maintain research facilities and engage in research, including medical research and other research and development activities;

47. Businesses that provide products and services that support research activities;

Health Care and Seniors Care and Social Services

48. Organizations and providers that deliver home care services;

49. Retirement homes;

50. Long-term Care Facilities;

51. Independent health facilities;

52. Laboratories and specimen collection centres;

53. Manufacturers, wholesalers, distributors and retailers of pharmaceutical products and medical supplies, including medications, medical isotopes, vaccines and antivirals; medical devices and medical supplies

54. Manufacturers, logistics and distributors of products and/or services that support the delivery of health care in all locations (including but not limited to hospitals, labs, long-term care homes, other residential health care, physicians, nurse practitioners and midwives, and home care services);

55. Businesses that provide products and/or services that support the health sector or that provide health services, including mental health and addictions and counselling supports.

56. Businesses that sell, rent or repair assistive/mobility/medical devices, aids and/or supplies.

57. Businesses that provide personal support services (many seniors and persons with disabilities, who can afford to, hire individuals to assist with the activities of daily living).

58. Health care professionals providing emergency care including dentists optometrists and physio-therapists;

59. Not-for-profit organizations that provide critical personal support services in home and also provide residential services for individuals with physical disabilities (such as the Centre for Independent Living and March of Dimes);

60. Businesses and all other organizations that support the provision of food, shelter, safety or protection, and/or social services and other necessities of life to economically disadvantaged and other vulnerable individuals, including but not limited to food banks, violence against women emergency shelters, homeless shelters, community housing, supportive housing, children’s aid societies, residential services for adults with developmental disabilities and for children, and custody and detention programs for young persons in conflict with the law;

Justice Sector

61. Professional and social services that support the legal and justice system;

Other Businesses

62. Rental and leasing services, including automobile, commercial and light industrial machinery and equipment rental;

63. Businesses providing mailing, shipping, courier and delivery services, including post office boxes;

64. Laundromats, dry cleaners and laundry service providers;

65. Professional services including lawyers and para-legals, engineers, accountants, translators;

66. Businesses providing funeral, mortician, cremation, transfer, and burial services, and any related goods and products (such as coffins and embalming fluid);

67.  Land registration services, and real estate agent services and moving services;

68.  Businesses providing security services including private security guards; monitoring or surveillance equipment and services;

69. Businesses providing staffing services, including temporary help;

70. Businesses that support the safe operations of residences and essential businesses;

71. Businesses that provide for the health and welfare of animals, including veterinarians, farms, boarding kennels, stables, animal shelters, zoos, aquariums, research facilities and other service providers;

72. Child care services for essential workers, and home child care services of less than six children;

73. Businesses providing cheque cashing services;

Business Regulators and Inspectors

74. Organizations, including Administrative Authorities, that regulate and inspect businesses.

News Release

Ontario Orders the Mandatory Closure of All Non-Essential Workplaces to Fight Spread of COVID-19

New Measures to Further Protect the Health and Safety of the People of Ontario

March 23, 2020 1:30 P.M.

Office of the Premier

TORONTO — To further contain the spread of COVID-19, the Ontario Government will order the mandatory closure of all non-essential workplaces effective as of Tuesday, March 24th at 11:59 p.m. This closure will be in effect for 14 days with the possibility of extending this order as the situation evolves. A full list of businesses that are permitted to stay open will be released tomorrow.

“This was a tough decision, but the right decision, as this is no time for half measures,” said Premier Doug Ford. “But I have said from day one we will, and we must, take all steps necessary to slow the spread of COVID-19. The health and safety of every Ontarian must come first. The health of you, your children, your grandparents and friends depends on all of us doing our part.”

Businesses that can continue operations with employees working remotely, or through other contingency measures, are being given approximately 36 hours to prepare and adapt. Essential services may continue their operations to maintain supply chains and ensure the people of Ontario have access to necessities, including groceries, medicines and other essential products.

A 1-800 number and website will be made available on Wednesday for any inquiries.

“Based on the advice of Dr. Williams, Ontario’s Chief Medical Officer of Health, and the experts at our Command Table, Ontario is taking further action to contain the spread of COVID-19,” said Christine Elliott, Deputy Premier and Minister of Health. “These enhanced measures are necessary to protect the health and well-being of Ontarians. Nothing is more important.”

“Our top priority must be to protect the health of the people of Ontario,” said Rod Phillips, Minister of Finance. “Slowing the spread of COVID-19 will allow the people and the businesses of Ontario to move forward from this unprecedented situation.”

“Our government is listening to our public health officials to ensure we take the right actions to support the health and safety of Ontario job creators and workers,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “We are working directly with businesses and workers across all sectors to support them in any way possible through this crisis. We urge the business community to share their innovative ideas and capabilities to fight COVID-19 through our new portal Ontario Together at www.ontario.ca/OntarioTogether.”

Additional Resources

• Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

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See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

This communique was sent to me by my client Sussex Strategy, a government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. If your business, or a business you know of, has capabilities that can join in this mobilization of industry, please find out more at buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19

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This morning, Prime Minister Trudeau announced a national strategy to mobilize Canadian industry to Fight COVID-19.  The Government will create pathways to deploy resources and to help facilities retool production lines to manufacture medical products and equipment including masks, gowns, hand sanitizer and ventilators. 

Trudeau said “From the very beginning of this outbreak, our priority has been the safety and health of all Canadians. We’re partnering with Canadian industry and business so we can act fast to ensure our health care providers have the products and supplies they need to help Canadians. Together, we are mobilizing all of Canada to fight the spread of the virus.”

The Prime Minister also confirmed that the Canada/US border will close at midnight tonight for all non-essential travel for tourism and recreation. Trade and commerce will continue. 

The strategy focuses on domestic capacity building, innovative solutions, and procurement of essential supplies. Further, it makes available all existing funding programs to help fight COVID-19.

Actions Include

• Build the industrial capability needed to manufacture critical supplies at scale in Canada. This will be done either by re-tooling the manufacturing lines of existing Canadian businesses or rapidly scaling up the production of those that already produce these products.
• Refocus Canada’s existing industrial and innovation programs, by adding to their mandate a requirement that they prioritize the fight against COVID-19. This includes:
  • the Strategic Innovation Fund to deliver direct support to Canadian companies for large-scale projects
  • National Research Council of Canada to expedite research and development with small and medium-sized enterprises
  • Innovation Superclusters to tap into a national network of 1,800 members, and Innovative Solutions Canada to help companies commercialize products more quickly
• Deliver direct support to key Canadian companies that are working on large-scale and later-stage research and development projects aimed, in the immediate term, at producing countermeasures to COVID-19.
• Challenge innovative companies to develop research-based solutions, technologies, and products that can address a variety of COVID-19 issues. 
• Source equipment needed to support Canada’s response to COVID-19 here in Canada. The Government of Canada will use existing supply arrangements and innovative, flexible procurement approaches. It is also reaching out to suppliers to identify and purchase equipment, supplies, and services needed for Canada’s response to COVID-19. With a view to longer-term support, the Government of Canada will ensure procurement flexibility to support innovation and build domestic manufacturing capacity to supply critical health supplies to Canadians.
• Massively scale-up production and help companies retool to shift production to crucial medical supplies
• Expedite new procurement streams to allow a larger number of businesses to provide larger number of items Canadians needs

Procurement

The Government of Canada reiterated their open procurement call for goods and services that can help fight COVID-19. Below is the link to more information about what products and services the government is looking for and the appropriate forms to submit.

buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19

News Release

March 23, 2020

Ontario Significantly Enhancing COVID-19 Screening Measures and Supports 

Interactive Self-Assessment Tool Now Available to Help Keep People Safe
 

TORONTO — With the increasing severity of the COVID-19 outbreak, Ontario has now launched an enhanced and interactive self-assessment tool. This new easy-to-use tool takes the public through a series of questions to inform those who are concerned they may have contracted COVID-19. In a matter of seconds, this tool will help people determine if they are negative or it will provide them with guidance on where to seek care based on their needs. Critically, the enhanced tool provides the province with real-time data on the number and geography of users who are told to seek care, self-isolate or to monitor for symptoms. This data will help inform Ontario’s ongoing response in order to keep individuals and families safe.

“I encourage anyone who may have been exposed to COVID-19, have symptoms or may have travelled outside of Canada to first self-isolate and then take a few seconds to complete our new online assessment tool,” said Christine Elliott, Deputy Premier and Minister of Health. “This easy-to-use tool, developed with guidance from Dr. Williams, Ontario’s Chief Medical Officer of Health, is a great first step in that process. By answering a few questions, Ontarians will be able to make informed choices about what to do, while the province collects real-time data to enhance our ongoing response.”

The tool guides individuals through a series of questions and, based on their responses, users are provided clear direction on what action to take. These next steps could include: continue to practice social distancing; self-isolate; call a primary care provider or Telehealth Ontario; or in the case of symptoms such as severe difficulty breathing or severe chest pain, call 911 or go to the emergency department.

Those people whose self-assessment shows they may have COVID-19 will be advised to call their primary care provider, who can conduct a virtual assessment by phone or other technology. People can also call Telehealth Ontario at 1-866-797-0000 (24/7), where they can speak to a health care professional about their symptoms. As announced last week, the province is rapidly expanding service capacity to ensure timely responses and has increased Telehealth’s line capacity to more than 2,000 to help manage the high daily call volume.

In some cases, based on the virtual assessment, individuals may be referred by their primary care provider or Telehealth Ontario to one of the province’s 58 assessment centres for an in-person assessment. These centres, which are by referral only, are helping to ease the pressures on hospital emergency departments using innovative care models, including in some cases drive-thru testing.

As part of the investment of up to $304 million to enhance the province’s response to COVID-19, Ontario will be establishing additional assessment centres across the province. The centres are located in dedicated spaces, which will facilitate high-quality care to protect broader patient populations. The 58 centres that have already opened are in several municipalities across the province. 

Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

QUICK FACTS

• Ontarians should be practising social distancing to reduce their exposure to other people. Avoid close contact (within 2 metres) with people outside of your immediate families.
• Anyone who has travelled outside of Canada should:
  • Self-isolate for 14 days when they return. People who are self-isolating should not go to work.
  • Monitor themselves for symptoms of the 2019 novel coronavirus for 14 days after returning to Canada.
  • Contact their primary care provider or Telehealth Ontario at 1-866-797-0000 if they experience symptoms of the 2019 novel coronavirus.
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• To help prevent the spread of COVID-19, wash your hands often, cough and sneeze into your sleeve or a tissue, and stay home if you are feeling sick.

ADDITIONAL RESOURCES

• Enhanced Measures to Protect Ontarians from COVID-19
• Ontario Enacts Declaration of Emergency to Protect the Public
• Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.
• Learn about travel advisories related to the 2019 novel coronavirus.
• If you are a health care professional, learn how to protect yourself and your patients by reading our guidance documents.

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

COVID-19: Employment Standards Amendment Act (Infectious Disease Emergencies)), 2020

This bill was passed March 19 and the Ontario Government has published full details of this amendment on »» this page and has also written a straightforward Explanatory Quote, which I quote below:

The amendments entitle an employee to a leave of absence without pay, starting on the prescribed date, if the employee will not be performing the duties of his or her position because of various reasons related to a designated infectious disease, including that the employee is under medical investigation, supervision or treatment; that the employee is in quarantine or isolation; that the employee is providing care or support to another individual; or that the employee is affected by travel restrictions. Restrictions on the entitlement are specified, and related amendments are made addressing the evidence of entitlement required, when the entitlement ends and the regulation-making powers.

Further to that note, the infectious disease emergency leave is available for employees unable to work for any of the following reasons:

• 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 will also be able to 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.

These measures are retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario and the leave is intended to 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 one of the circumstance outlined above. 

The effect of this is that different employees may have significantly different leave entitlements based on their individual circumstances. 
For example:

• Employee ‘A’ is required to self-isolate for 14 days, is entitled to a leave for the duration of that period, and may then be able and expected to return to the workplace. 
• Employee ‘B’ may have care obligations related to a school closure and therefore may be entitled to remain on leave for a significantly longer period of time. 

While employees are not required to provide a medical note if they need to take infectious disease emergency leave, an employer may require that other evidence that is reasonable in the circumstances be provided to justify the leave. This could be a note from the daycare or for evidence that the airline cancelled a flight, but not a medical note.

The introduction of these amendments does not necessarily alter an employer’s existing obligations regarding paid absences under workplace policies or collective agreements. These must be considered before making decisions on staffing reductions. 

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I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.



You may also find these online resources helpful in keeping up to date with the COVID-19 situations in Toronto, Ontario and Canada:

• COVID-19 Self-Assessment Tool. https://www.ontario.ca/page/2019-novel-coronavirus
• Contact your family doctor; Telehealth Ontario at 1-866-797-0000 or local public health unit if experiencing symptoms of the 2019 novel coronavirus
• A downloadable poster for home use that provides a colourful graphic reminder of prevention practices  is available at  https://files.ontario.ca/moh-coronavirus-pec-poster-en-2020-03-09.pdf
• The Public Health City of Toronto pdf: Guidance for Workplaces/Businesses and Employers: https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf
• Government of Ontario and Government of Canada web pages with the most up-to-date information on the COVID-19 outbreak.
• Health Canada:  https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html 
• Health and Wellness Ontario: https://www.ontario.ca/page/2019-novel-coronavirus