As you are aware, employers in Ontario are required to maintain a safe workplace under the Occupational Health & Safety Act (OHSA) while also having a duty to accommodate employees’ medical conditions under the Human Rights Code (HRC).
With the province continuing to reopen for business and vaccine regulations coming into effect, the rules for balancing these obligations have been far from clear.
In the past week there has been welcomed clarification from the Ontario Ministry of Health and the Ontario Human Rights Commission (OHRC) on two key issues:
Medical exemptions and;
Accommodation for those people – particularly visitors to a business – who choose not to be vaccinated because of personal preference.
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Medical exemptions On September 14, 2021, the Ontario Ministry of Health released a short list of conditions which may warrant an exemption from COVID-19 vaccination. The Ministry’s list is intended to assist medical professionals in evaluating requests for exemptions from the COVID-19 vaccine.
The list of exemptions is restricted to:
severe allergic reactions or anaphylaxis to a component of a COVID-19 vaccine,
a reaction to a dose of the vaccine,
a history of inflammation of the heart muscle (Myocarditis) for those aged 12 to 17,
a history of four conditions specific to those receiving the Vaxzervia (AstraZeneca) vaccine, and
those actively receiving two specific types of therapies for the treatment or prevention of COVID-19.
This guidance is in addition and complementary to the Frequently Asked Questions document provided to Ontario physicians on September 1, 2021 by the College of Physicians and Surgeons of Ontario (CPSO).
The FAQ page states that there are very few acceptable medical exemptions to COVID-19 vaccination. The CPSO also stresses that physicians may decline to write notes and complete forms when the patient does not clearly fall within an approved exemption.
Duty to accommodate – OHRC On September 22, 2021 the OHRC released a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates, noting that “a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation” under the Human Rights Code.
The OHRC noted that while the Code “prohibits discrimination based on creed, personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.”
It also states that “The OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code”
I trust you will find these clarifications helpful. Please contact me if you have additional questions, would like advice on the specifics of your workplace and employees or for assistance working through any of your staffing matters.
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On September 16, 2021, the Ontario Government extended the “COVID-19 Period” and the temporary measures introduced by O.Reg. 228/20: Infectious Disease Emergency (the “Regulation”) under the Employment Standards Act, 2000 (the “ESA”) until January 1, 2022.
Those temporary measures introduced by the Regulation were previously set to end on September 25, 2021.
In response to the COVID-19 pandemic, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the COVID-19 period. The temporary rules continue to be in effect until January 1, 2022.“
For further clarification:
“Beginning on January 2, 2022:
Employees will no longer be deemed to be on unpaid infectious disease emergency leave. The ESAs regular rules around constructive dismissal will resume. This means a significant reduction or elimination of an employee’s hours of work or wages may be considered a constructive dismissal under the ESA, even if it was done for reasons related to COVID-19.The ESAs regular rules around temporary layoff will also resume. For practical purposes, an employee’s temporary layoff clock re-sets on January 2, 2022.
Even though the COVID-19 period ends on January 1, 2022 and non-unionized employees will no longer be deemed to be on unpaid infectious disease emergency leave, when the conditions are met, unionized and non-unionized employees may continue to be eligible for unpaid infectious disease emergency leave if they are not performing the duties of their position for certain”
Please contact me if you have additional questions, would like advice on the specifics of your workplace and employees or for assistance working through any of your staffing matters.
The government of Ontario has released the regulations and guidance for businesses and organizations in regards to the proof of vaccination requirements which will come into effect on September 22, 2021.
I have provided a link to the text of the full announcement below.
In summary: The government is developing an enhanced vaccine certificate with a unique QR code that will be available by October 22, 2021.
Until such time, all Ontarians can print or download their vaccination receipt from the provincial booking portal.
Those who need support obtaining a copy of their vaccination receipt including those who do not have access to a computer or printer can call the Provincial Vaccine Contact Centre at 1-833-943-3900.
Guidelines for businesses Until October 22, 2021, all versions of the receipt that the government has provided to Ontarians after vaccination are acceptable as proof of vaccination. However, a patron seeking access to a business or organization must provide the receipt that shows that they are fully vaccinated.
All other public health measures (e.g., masking and physical distancing) continue to apply to patrons, even with proof of vaccination.
The patron must provide the required proof of identification and proof of being fully vaccinated, and
The business and organization must review and confirm the proof.
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The business or organization shall not retain any information provided by the patron.
Proof of Vaccination Beginning September 22, 2021, businesses must ask for proof of vaccination and ensure that the vaccination receipt offered by the patron belongs to them.
Validation of vaccination will be based on two key identifiers:
Name of the identification holder; and
Date of birth.
A photo identification is not required.
Examples of identification documents that may be used to confirm the identity of the holder of the vaccine receipt include:
Birth certificate
Citizenship card
Driver’s licence
Government (Ontario or other) issued identification card, including health card
Indian Status Card /Indigenous Membership Card
Passport
Permanent Resident card
Exemptions The proof of identification and proof of vaccination against COVID-19 requirements under O. Reg. 364/20 do not apply to:
Workers, contractors, repair workers, delivery workers, students, volunteers, inspectors or others who are entering the business or organization for work purposes and not as patrons.
A patron who is entering an indoor area solely for the following purposes:
to use a washroom;
to access an outdoor area that can only be accessed through an indoor route;
to make a retail purchase;
while placing or picking up an order, including placing a bet or picking up winnings in the case of a horse racing track;
while paying for an order;
to purchase admission; or
as may be necessary for the purposes of health and safety.
Children under 12 years of age
Patrons under 18 years of age who are entering the indoor premises of a facility used for sports and recreational fitness activities solely for the purpose of actively participating in an organized sport
There are some limited exemptions for ceremonies such as weddings and funerals, but NOT for any connected social activities such as receptions.
Medical exemptions Patrons with a medical exemption are required to present identification and a written document, completed and supplied by a physician (designated as “MD”) or by a registered nurse in the extended class (designated as “Registered Nurse (Extended Class)”, “RN(EC)”, “Nurse Practitioner” or “NP”) stating that the individual is exempt for a medical reason from being fully vaccinated against COVID-19 and the effective time-period for the medical reason.
I hope you find this information helpful and and informative and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks and the arrival of back-to-school season.Please contact me with any questions you may have or for assistance working through your staffing matters.
TORONTO — As the province continues to respond to the fourth wave of the pandemic driven by the highly transmissible Delta variant, the government is further protecting Ontarians through continued actions that encourage every eligible person to get vaccinated and help stop the spread of COVID-19.
Today the government released the regulations and guidance for businesses and organizations to support them in implementing proof of vaccination requirements, which take effect on September 22, 2021. Requiring proof of vaccination will help increase vaccination rates, protect individuals in higher-risk indoor settings, and keep businesses open.
Ontario vaccination ‘passports’ and policy implications for businesses in Ontario generally and Toronto specifically
As anticipated, the government of Ontario announced today that it will require people to be fully vaccinated and provide proof of their vaccination status to access certain businesses and settings starting September 22, 2021.
I have provided a top line summary here and the full text of the announcement below.
The definition of fully vaccinated is “two doses plus 14 days” and people will be required to provide their proof of vaccination along with photo ID to access higher-risk indoor public settings and facilities including:
Restaurants and bars (excluding outdoor patios, as well as delivery and takeout);
Nightclubs (including outdoor areas of the establishment);
Meeting and event spaces, such as banquet halls and conference/convention centres;
Facilities used for sports and fitness activities and personal fitness training, such as gyms, fitness and recreational facilities with the exception of youth recreational sport;
Sporting events;
Casinos, bingo halls and gaming establishments;
Concerts, music festivals, theatres and cinemas;
Strip clubs, bathhouses and sex clubs;
Racing venues (e.g., horse racing).
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Both paper and electronic versions of the certificate will be available.
These mandatory requirements would not apply to outdoor settings where the risk of transmission is lower and in general will not apply to settings where people receive medical care, food from grocery stores, medical supplies and the like. Indoor masking and other public health policies will continue to remain in place.
The focus of the announcement was on the situations where vaccination proof will be required and it is unclear at this time what onus will lie on the owners and employees of those businesses to enforce the requirement and request vaccination proof.
Vaccination policies in Ontario businesses
I know the subject of vaccination in the workplace and the necessity or advisability of a Vaccination Policy for employers has been a subject on the minds of many clients. Unfortunately this announcement does not address that topic specifically or provide any additional information or guidance.
Webinar and video on the subject of Vaccination Policies
In an earlier email I advised that I participated in a webinar with the Ontario Non-Profit Network (ONN) and also compiled a supplementary Question and Answer video available on my website. If you have not seen these yet, you may find them helpful in considering a vaccination policy.
The ONN webinar was presented on August 11 with Kirstin Grant, Director of People & Wellness for the Canadian Mental Health Association, Ontario Division, and moderator Sarah Matsushita of the ONN.
Toronto: Medical Officer of Health strongly recommends employers institute a vaccination policy
Some sources have positioned this recommendation from Toronto Public Health on August 26 as a mandate requiring employers in the city to prepare and publish a vaccination policy.
My own advice is that a written policy is always preferable to unwritten guidelines in that it eliminates confusion and is a consistent, non-arbitrary reference point should there be any disagreement with any employee at any time.
The City provides guidelines for preparing a Vaccination Policy which can be referenced on the City of Toronto website.
I have also prepared a basic template you may find useful. If you would like to receive a copy, please contact me. I should advise that it will almost certainly require additional information in order to be appropriate for your organization’s individual requirements.
I hope you find this information helpful and and informative and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks as the back-to-school season arrives.
TORONTO — To further protect Ontarians as the province continues to confront the Delta-driven fourth wave of the COVID-19, the government, in consultation with the Chief Medical Officer of Health, will require people to be fully vaccinated and provide proof of their vaccination status to access certain businesses and settings starting September 22, 2021. Requiring proof of vaccination in these settings reduces risk and is an important step to encourage every last eligible Ontarian to get their shot, which is critical to protecting the province’s hospital capacity, while also supporting businesses with the tools they need to keep customers safe, stay open and minimize disruptions.
Many clients have asked me about what things they should consider when developing a vaccination policy. On Wednesday, August 11, I conducted a seminar on the topic for the Ontario Nonprofit Network (ONN) along with Kirstin Grant, Director of People & Wellness for the Canadian Mental Health Association, Ontario Division, and moderator Sarah Matsushita of the ONN.
The video below covers the major points of that seminar as well as some of the most commonly asked questions employers have about Vaccination Policies. It is updated with answers to questions that have arisen since August 11 as the Ontario government has made new announcements.
The information in the webinar is useful to all businesses and organizations in Ontario – commercial and nonprofit.
You will be asked to submit your password to view the presentation. If you have not received a password or have misplaced the information, please use the Contact Form on this site and I will be pleased to provide access to the video
Questions answered include:
If an employer cannot force staff to get vaccinated, then why have a vaccination policy?
Can different job roles be treated differently? For instance, front-line workers need to be in the office. Not as true for management/admin employees.
Should/can a policy include volunteers, clients and visitors to the workplace?
Can an employer impose masks for those who do not want to be vaccinated included the distancing from other persons they may work with?
Are there or should there be requirements to conduct contract tracing for anyone coming into the workplace?
Can you require an unvaccinated employee to get regular COVID testing?
Does the employer have to incur the cost of the test?
How would requiring additional PPE, that will easily identify the staff person as non-vaccinated, not be a potential violation of an employee’s privacy and therefore their human rights?
How do you deal with employees who don’t want to work with someone in the workplace who has not been vaccinated?
If we accommodate unvaccinated employees by letting them work from home, how do we make sure other vaccinated employees don’t say they’re unvaccinated in order to continue working from home?
Can an employer disclose to a third party if an employee has been vaccinated?
In our recruiting and job posting can we require applicants to be double vaccinated?
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Items of interest from the Ontario Ministry of Labour, Training and Skills Development
The Ministry periodically sends out a newsletter that contains a variety of information for employers.
This edition includes three items in particular that may be of interest to you:
Ontario keeping workers safe as province reopens
The Ontario government is investing $10.5 million to provide up to 60,000 small businesses across the province with free health and safety training over the next three years.
Free Roadmap to Reopen webinar, info about workplace screening and more
Workplace Safety & Prevention Service (WSPS) news and updates
PSHSA: Free workplace violence webinars and information about preventing heat stress
Public Services Health & Safety Association (PSHSA) news and updates
You may find other items of use as well. I have included the ‘teasers’ of all articles in the newsletter for you below with links that will open more information on the Ministry’s website in your browser.
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The Ontario government is investing $10.5 million to provide up to 60,000 small businesses across the province with free health and safety training over the next three years. The new Small Business Health and Safety Training Program will improve health and safety awareness to help prevent illnesses and injuries by training health and safety representatives of small businesses on how to keep workers safe in the retail, construction, health care, accommodation and food services, and other sectors. Businesses will also be reimbursed for the time the representatives are away from work.
PSHSA: Free workplace violence webinars and information about preventing heat stress Public Services Health & Safety Association (PSHSA) news and updates:
Ontario’s Second Career program helping workers start new careers The Ontario government is increasing financial supports available and simplifying the application process for individuals applying to the Second Career program. As the province’s economy begins to reopen, these changes will make it easier for laid-off and unemployed workers to pursue training and start new and better careers.
Ministry consulting on requirements for use of tower cranes On July 14, the Ministry posted a consultation on the Regulatory Registry for a proposal to modernize and clarify existing requirements relating to the use of tower cranes, as set out in the Construction Projects Regulation (O. Reg. 213/91) and O. Reg. 420/21: Notices and Reports Under Sections 51 to 53/1 of the Act – Fatalities, Critical Injuries, Occupational Illnesses and Other Incidents under the Occupational Health and Safety Act (OHSA).
Mining health & safety regulatory amendment consultations underway The Ministry is consulting on changes to Regulation 854 (Mines and Mining Plants) of the Occupational Health and Safety Act. The proposed changes would increase flexibility, better reflect current technology and reduce regulatory burden, while maintaining or improving worker health and safety.
Additional ministry consultations: Head protection and Notice of Project RequirementsThe Ministry is consulting to harmonize head protection requirements under the Occupational Health and Safety Act and consulting on a proposal to modernize the Notice of Project Requirements under Ontario Regulation 213/91 – Construction Projects.
Chief Prevention Officer releases five-year Occupational Health & Safety StrategyIn line with Ontario’s commitment to preventing injuries, illnesses and fatalities in workplaces, the province has released its next five-year strategy, called Prevention Works. The province is taking an evidence-informed approach to understand how to better protect workers in the future and cultivate a workplace culture of health and safety.
Simplified, streamlined JHSC Certification Program & Provider Standards now in effectAs of June 30, the Chief Prevention Officer has amended the Joint Health and Safety Committee (JHSC) Certification Training Program and Provider Standards to include the requirements of the JHSC Certification Distance Learning Standard. These changes simplify the requirements for new applicants and approved providers, and streamline the administrative and application processes.
IHSA: Free presentation on preventing falls in trucking and new safety podcastThe Infrastructure Health and Safety Association (IHSA) news and updates: This five-part series of podcasts looks at what IHSA is and what it does. Episodes cover information about IHSA, safety training and three important programs: the Certificate of Recognition, Health and Safety Excellence program and the National Construction Health and Safety Officer program. Free online program helps employers and workers in the transportation industry identify hazards and strategies to minimize the risk of slips, trips and falls in the workplace.
IWH: Unemployment benefits linked to lower death rates, mentoring project and moreThe Institute for Work and Health (IWH) news and updates: Here are 5 things IWH thinks you should know—based on its research findings from the past year. Family health-care practitioners treating patients with work-related injuries or illnesses will get advice from occupational medicine experts in a mentoring pilot program launching in September and hosted by IWH. Unemployment benefits are linked to lower death rates over 10 years, according to an IWH study.
Court bulletins View bulletins on recent court decisions that resulted in fines and other penalties under Ontario’s workplace laws.
Third doses to be offered for people with high vulnerability
All children born in 2009 (turning 12 in 2021) now eligible for vaccination
Province remains in Step Three of Reopening
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Health regulations continue to evolve in response to the changing COVID-19 situation and the Ontario Ministry of Health announced a number of updates and initiatives today.
I have provided a summary below, followed by the full text of the News Release.
Vaccination policies in high risk settings
Ontario’s Chief Medical Officer of Health issued a directive today mandating hospitals and home and community care service providers to have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers in effect no later than September 7, 2021.
Ambulance services must also have a COVID-19 vaccination policy for paramedics by the same date.
The minimum policy will require proof of one of three things:
Full vaccination against COVID-19;
A medical reason for not being vaccinated against COVID-19; or
Completion of a COVID-19 vaccination educational session.
Vaccination policy for your business or organization
If you are considering a vaccination policy for your organization, you may be interested in the webinar I conducted on the topic for the Ontario Nonprofit Network.
The information in the webinar is useful to all businesses and organizations in Ontario – commercial and nonprofit – and the ONN has kindly made it available for clients of LeNoury Law to view online.
You will be required to submit your name and email address to view the webinar, but there is no cost.
Please email me if you have any questions about vaccination policies after viewing the webinar, and I will be pleased to respond.
I will also be doing a follow-up on-line session August 26 answering questions submitted by all clients. I will send details on that as the date approaches.
Third doses for high vulnerability Ontarians
The government province also announced that the province will begin offering third doses of the COVID-19 vaccine to those at highest-risk, providing them with an extra layer of protection against the Delta variant. This includes:
Transplant recipients (including solid organ transplant and hematopoietic stem cell transplants);
Patients with hematological cancers (examples include lymphoma, myeloma, leukemia) on active treatment (chemotherapy, targeted therapies, immunotherapy);
Recipients of an anti-CD20 agent (e.g. rituximab, ocrelizumab, ofatumumab); and
Residents of high-risk congregate settings including long-term care homes, higher-risk licensed retirement homes and First Nations elder care lodges.
All children born in 2009 now eligible for vaccination
Starting on Wednesday, August 18, 2021, all children turning 12 years old before the end of 2021 will be eligible to receive their first dose of the Pfizer COVID-19 vaccine and can book their appointment through the provincial booking system, through their public health unit, or pharmacies, or can walk-in to vaccination clinics across the province.
Province remains in Step Three of Reopening
“While the province has reached the exciting milestone of more than 81 per cent of Ontarians aged 12 and over having received a first dose, and is expected to reach its target of 75 per cent vaccinated with a second dose later this month, out of an abundance of caution the government, in consultation with the Chief Medical Officer of Health, is pausing the exit from the Roadmap to Reopen. The Chief Medical Officer of Health and other health experts will continue to monitor the data to determine when it is safe to exit the Roadmap and lift the majority of public health and workplace safety measures currently in place.”
TORONTO — In response to evolving data around the transmissibility of the Delta variant and based on the recent experiences of other jurisdictions, the government, in consultation with the Chief Medical Officer of Health, is taking action to increase protection for our most vulnerable, including frail seniors, immunocompromised individuals and young children who are not yet eligible for vaccination. This includes making COVID-19 vaccination policies mandatory in high-risk settings, pausing the province’s exit from the Roadmap to Reopen and providing third doses of the COVID-19 vaccine to vulnerable populations. The government is also expanding eligibility for the Pfizer vaccine to children born in 2009 or earlier.
To protect vulnerable patients and staff in settings where the risk of contracting and transmitting COVID-19 and the Delta variant is higher, the Chief Medical Officer of Health has issued a directive mandating hospitals and home and community care service providers to have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers, and for ambulance services to have a COVID-19 vaccination policy for paramedics. The vaccination policy must be effective no later than September 7, 2021, and at a minimum will require these individuals to provide proof of one of three things:
Full vaccination against COVID-19;
A medical reason for not being vaccinated against COVID-19; or
Completion of a COVID-19 vaccination educational session.
Individuals who do not provide proof of full vaccination against COVID-19 will be required to undertake regular antigen testing. These settings will be required to track and report on the implementation of their policies to the provincial government. This is similar to the vaccination policy requirements currently in place for long-term care homes.
“While Ontario remains a leading jurisdiction for first and second doses administered and we have the infrastructure in place to manage outbreaks, the Delta variant is highly transmissible and the experience of other jurisdictions shows we must remain vigilant as we head into the fall,” said Christine Elliott, Deputy Premier and Minister of Health. “By taking additional measures in high-risk settings we will further protect our most vulnerable, safeguard hospital capacity, ensure a safe return to school and keep Ontario running.”
To support the return to school plan, the Ministry of Education intends to introduce a vaccination disclosure policy for all publicly-funded school board employees, and staff in private schools as well as for all staff in licensed child care settings for the 2021-22 school year, with rapid antigen testing requirements for staff who are not immunized against COVID-19. The Ontario government is also working with public health units and publicly funded school boards to run voluntary vaccination clinics in or nearby schools to make vaccines even more convenient and accessible for eligible students, their families, educators and school staff returning to school this fall.
Vaccination policies will also be implemented in other higher-risk settings such as:
Post-secondary institutions;
Licensed retirement homes;
Women’s shelters; and
Congregate group homes and day programs for adults with developmental disabilities, children’s treatment centres and other services for children with special needs, and licensed children’s residential settings.
“With the support of Ontario’s Chief Medical Officer of Health, our government is taking action to make schools as safe as possible,” said Stephen Lecce, Minister of Education. “Our plan will protect our schools, ensure rapid speed with contact tracing, all with the intention of keeping them open for the benefit of Ontario students.”
As an additional measure to continue protecting Ontario’s most vulnerable, based on the recommendation of the Chief Medical Officer of Health and other health experts, the province will begin offering third doses of the COVID-19 vaccine to those at highest-risk, providing them with an extra layer of protection against the Delta variant. This includes:
Transplant recipients (including solid organ transplant and hematopoietic stem cell transplants);
Patients with hematological cancers (examples include lymphoma, myeloma, leukemia) on active treatment (chemotherapy, targeted therapies, immunotherapy);
Recipients of an anti-CD20 agent (e.g. rituximab, ocrelizumab, ofatumumab); and
Residents of high-risk congregate settings including long-term care homes, higher-risk licensed retirement homes and First Nations elder care lodges.
Locations and timing for third doses will vary by public health unit and high-risk population based on local planning and considerations, with some beginning as early as this week where opportunities exist.
In addition, to further support a safer return to school by ensuring more children and youth can benefit from the protection offered by the vaccine, the province will extend eligibility to the Pfizer vaccine to children born in 2009. Ontario has closely monitored data from Alberta and British Columbia in making this decision, and these provinces have offered the Pfizer vaccine to youth born in 2009 for several months with no risks identified. Starting on Wednesday, August 18, 2021, all children turning 12 years old before the end of 2021 will be eligible to receive their first dose of COVID-19 vaccine and can book their appointment through the provincial booking system, through their public health unit, or pharmacies, or can walk-in to vaccination clinics across the province.
“Keeping a low rate of infection in our communities and protecting our most vulnerable is how we can keep our schools, our businesses and our social settings as safe as possible while minimizing disruption,” said Dr. Kieran Moore, Chief Medical Officer of Health. “To provide the best protection to each individual while learning to live with the virus, we are taking action by requiring individuals who work in higher-risk settings to be fully vaccinated, by providing a third dose of a COVID-19 vaccine to certain groups who have a decreased immune response and by expanding the eligibility to the children born in 2009 or earlier.”
While the province has reached the exciting milestone of more than 81 per cent of Ontarians aged 12 and over having received a first dose, and is expected to reach its target of 75 per cent vaccinated with a second dose later this month, out of an abundance of caution the government, in consultation with the Chief Medical Officer of Health, is pausing the exit from the Roadmap to Reopen. The Chief Medical Officer of Health and other health experts will continue to monitor the data to determine when it is safe to exit the Roadmap and lift the majority of public health and workplace safety measures currently in place.
Quick Facts
All vaccines delivered as part of Ontario’s vaccine rollout provide high levels of effectiveness against hospitalization and death from COVID-19 and its variants, including the Delta variant. During July 2021, unvaccinated individuals were approximately eight times more likely to get infected with COVID-19 compared to those who were fully vaccinated.
Evolving evidence around the Delta variant shows that it is more transmissible and has a higher likelihood of causing severe illness and outcomes in those infected.
To date, more than 20 million of doses have been administered in Ontario. More than 81 per cent of Ontarians aged 12 and over have received at least a first dose of a COVID-19 vaccine and more than 73 per cent have received both doses.
Individuals can prove they are fully vaccinated by showing the physical or emailed receipt that was provided to them at the time of vaccination. Vaccination receipts can also be downloaded or printed through the provincial portal or by calling the Provincial Vaccine Booking Line at 1-833-943-3900. This version of the vaccine receipt contains a watermark and a digital signature to deter forgery.
The federal government has announced its plan to implement a national vaccine passport for international travel. In addition to the official proof of vaccination provided by the Ministry of Health, a vaccine passport provided by the federal government can be used domestically as proof of immunization should it be required by a business or organization.
Organizations implicated by the directive will follow existing Provincial Antigen Screening Program (PASP) processes to access government-provided rapid antigen screening kits, to be provided by the organization for individuals who are required to undertake regular antigen screening. To date, over 16.9 million government-provided antigen tests have been deployed to for us in approximately 12,400 workplaces.
Local medical officers of health have the ability to issue Section 22 orders under the Health Protection and Promotion Act, and municipalities may enact by-laws, to target specific transmission risks in the community and help protect Ontarians from COVID-19.
Ontario offering free health and safety training for small businesses.
The Ontario government has introduced a free eLearning training course for health and safety representatives of small businesses on how to keep workers safe in the retail, construction, health care, accommodation and food services, and other sectors.
Businesses will be reimbursed for the time the representatives are away from work.
The government advises that the free training, the Small Business Health and Safety Training Program, takes about six to eight hours for most people to complete, and covers a range of topics, including:
occupational health and safety laws
rights, duties and responsibilities of workplace parties
duties and responsibilities of the health and safety representative under the Occupational Health and Safety Act
recognition, assessment, control and evaluation of common workplace hazards
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I suggest that this is valuable knowledge for an employee representative to have, especially in light of the public health and safety issues of the past year and a half.
Once training is complete, small business applicants should retain a copy of the certificate of completion as proof for their refund of the $25 registration fee and the $150 toward the cost of worker training time.
I have included the News Release with full details below.
WATERLOO — The Ontario government is investing $10.5 million to provide up to 60,000 small businesses across the province with free health and safety training over the next three years. The new Small Business Health and Safety Training Program will improve health and safety awareness to help prevent illnesses and injures by training health and safety representatives of small businesses on how to keep workers safe in the retail, construction, health care, accommodation and food services, and other sectors. Businesses will also be reimbursed for the time the representatives are away from work.
“As Ontario reopens, keeping workers safe will continue to be our top priority,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “Small businesses haveless resources to learn about health and safety than other businesses and we know they are facing a lot of financial pressures as a result of this pandemic. Our government is making sure they have the guidance and support they need.”
Beginning today, Ontario’s new Small Business Health and Safety Training Program will cover the course registration costs for an employee who is appointed by their colleagues as a health and safety representative for their workplace. The program will also reimburse small businesses $150 towards the representative’s training time. All small businesses that have six to 19 employees are required to have a health and safety representative and they can apply for this program.
“Protecting our economy starts with protecting our small businesses and the people who run them and foster their growth,” said Nina Tangri, Associate Minister of Small Business and Red Tape Reduction. “By investing in health and safety training, we’re making our small businesses safer places for hardworking families to seize the opportunities they need to get ahead.”
The eLearning training course is offered through Workplace Safety and Prevention Services, a Health and Safety Association. The free training takes about six to eight hours for most people to complete, and covers a range of topics, including:
occupational health and safety laws
rights, duties and responsibilities of workplace parties
recognition, assessment, control and evaluation of common workplace hazards
This program builds on Ontario’s commitment to protect and support workers, educate and train people for the labour market and contribute to a prosperous and stable economy and is part of the province’s 2021 Budget,Ontario’s Action Plan: Protecting People’s Health and Our Economy.
Quick Facts
To register for the free training, eligible small businesses must access the course through Workplace Safety and Prevention Services’ website. Once training is complete, small business applicants should retain a copy of the certificate of completion as proof for their refund of the $25 registration fee and the $150 toward the cost of worker training time.
Small businesses can apply for reimbursement through the Small Business Health and Safety Training Program starting in Fall 2021. More details will be available soon on Workplace Safety and Prevention Services’ website.
Selected by workers, a health and safety representative’s duties include inspecting the workplace on a regular basis, identifying possible hazards, making recommendations for improvements and making health and safety resources available to those in the workplace.
In Ontario, about 130,000 small businesses require a health and safety representative.
Workplaces with 20 or more workers are required to have a joint health and safety committee.
As restrictions are being eased and COVID-19 begins to have less of an impact on our business and personal lives, I thought it might be helpful to review and remind you of the status of some of the assistance programs and regulations governments created over the past 15 months.
Some of these programs have been extended, and others have deadlines approaching.
Canada Emergency Wage Subsidy (CEWS)
in June some changes were made to the CEWS and a new Canada Recovery Hiring Program (CRHP) was introduced, beginning June 6, 2021
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Work-Sharing Program – COVID-19
the program has been extended to September 26, 2021 and the duration of the program has been extended to 76 weeks
I have provided details and dates for these programs below, along with links to the relevant government web pages.
Government Orders
A number of clients have also contacted me with questions about the status of some of the Public Health and government Pandemic Response Measures.
In addition to the information about the assistance programs, I am providing a list of government Orders, both those still in place and those that have been revoked, for your reference as they apply to your particular circumstances.
If you have seen a drop in revenue during the COVID-19 pandemic, you may be eligible for a subsidy to cover part of your employee wages. This subsidy is designed to enable you to re-hire workers, help prevent further job losses, and ease your business back into normal operations.
June 2021 changes to the CEWS as of claim period 17 (Bill C-30):
wage subsidy extended to September 25, 2021
new Canada Recovery Hiring Program (CRHP) was introduced, beginning June 6, 2021
for claim periods 17 to 20, claim either CEWS or CRHP, whichever provides you the larger amount
beginning in claim period 18, you must have had a revenue drop of over 10% to receive the CEWS or CRHP
rate of CEWS will gradually decline from claim periods 18 to 20
eligible remuneration paid to employees on leave with pay is no longer included in the CEWS calculation as of claim period 20
Certain publicly listed corporations may have to repay some or all of the CEWS received from June 6, 2021, onward, depending on compensation paid to certain executives in 2021 as compared to 2019.
Work-Sharing is an agreement between employers, employees and the Government of Canada to help employers and employees avoid layoffs when there is a temporary decrease in business activity beyond the control of the employer. The program provides Employment Insurance (EI) benefits to eligible employees who agree to reduce their normal working hours and share the available work while their employer recovers.
During the COVID-19 pandemic, all Work-Sharing agreements fall under the COVID-19 temporary special measures.
Ontario to move to Step Three on July 16, five days ahead of schedule.
The government of Ontario announced some very welcome news today.
I know that you will be anxious to know the details, so I am providing a very brief summary here followed by the News Release in full.
Ontario will be moving to Step Three, which is very close to a full reopening of businesses and activities, next Friday, July 16, at 12:01 am.
Step Three focuses on the resumption of additional indoor services with larger numbers of people and restrictions in place. This includes, but is not limited to:
Outdoor social gatherings and organized public events with up to 100 people with limited exceptions;
Indoor social gatherings and organized public events with up to 25 people;
Indoor religious services, rites or ceremonies, including wedding services and funeral services permitted with physical distancing;
Indoor dining permitted with no limits on the number of patrons per table with physical distancing and other restrictions still in effect;
Indoor sports and recreational fitness facilities to open subject to a maximum 50 per cent capacity of the indoor space. Capacity for indoor spectators is 50 per cent of the usual seating capacity or 1,000 people, whichever is less. Capacity for outdoor spectators is 75 per cent of the usual seating capacity or 15,000 people, whichever is less;
Indoor meeting and event spaces permitted to operate with physical distancing and other restrictions still in effect and capacity limited to not exceed 50 per cent capacity or 1,000 people, (whichever is less);
Essential and non-essential retail with with capacity limited to the number of people that can maintain a physical distance of two metres;
Personal care services, including services requiring the removal of a face covering, with capacity limited to the number of people that can maintain a physical distance of two metres;
Museums, galleries, historic sites, aquariums, zoos, landmarks, botanical gardens, science centres, casinos/bingo halls, amusement parks, fairs and rural exhibitions, festivals, with capacity limited to not exceed 50 per cent capacity indoors and 75 per cent capacity outdoors;
Concert venues, cinemas, and theatres permitted to operate at:
up to 50 per cent capacity indoors or a maximum limit of 1,000 people for seated events (whichever is less)
up to 75 per cent capacity outdoors or a maximum limit of 5,000 people for unseated events (whichever is less); and up to 75 per cent capacity outdoors or a maximum of 15,000 people for events with fixed seating (whichever is less).
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Real estate open houses with capacity limited to the number of people that can maintain a physical distance of two metres; and
Indoor food or drink establishments where dance facilities are provided, including nightclubs and restobars, permitted up to 25 per cent capacity or up to a maximum limit of 250 people (whichever is less).
NOTE: Face coverings in indoor public settings and physical distancing requirements remain in place throughout Step Three. Face coverings will also be required in some outdoor public settings as well.
TORONTO — With key public health and health care indicators continuing to improve and the provincewide vaccination rate surpassing the targets outlined in the province’s Roadmap to Reopen, in consultation with the Chief Medical Officer of Health the Ontario government is moving the province into Step Three of the Roadmap to Reopen at 12:01 a.m. on Friday, July 16, 2021.
“Thanks to the tireless efforts of our frontline heroes, and the ongoing commitment of Ontarians to get vaccinated, we have surpassed the targets we set in order to enter Step Three of our Roadmap,” said Premier Doug Ford. “While this is welcome news for everyone who wants a return to normal, we will not slow down our efforts to fully vaccinate everyone who wants to be and put this pandemic behind us once and for all.”
In order to enter Step Three of the Roadmap, Ontario needed to have vaccinated 70 to 80 per cent of individuals 18 years of age or older with one dose and 25 per cent with two doses for at least two weeks, ensuring a stronger level of protection against COVID-19. Thanks to the dedicated efforts of Ontario’s health care partners, as of July 8, 2021, over 77 per cent of the population in Ontario ages 12 and over have received one dose of a COVID-19 vaccine and over 50 per cent have received their second dose. More than 16.6 million doses of the COVID-19 vaccine have been administered provincewide.
The province also needed to see continued improvement in other key public health and health care indicators, including hospitalizations, ICU occupancy and the weekly cases incidence rates. After entering Step Two, during the period of June 29 to July 5, 2021, the provincial case rate decreased by 23.3 per cent. As of July 8, the number of patients with COVID-19 in ICUs is 202, including three patients from Manitoba, as compared to 286 two weeks ago. The province expects these positive trends to continue over the coming days before entering Step Three.
“Ontario has continued to see improvements in key health indicators, allowing the province to move to Step Three of the Roadmap and safely resume more of the activities we’ve missed,” said Christine Elliott, Deputy Premier and Minister of Health. “While this is exciting news, we most still remain vigilant and continue to follow the public health measure we know work and keep us safe. Vaccines remain our ticket out of the pandemic so if you haven’t booked your appointment yet, please do so today.”
Step Three of the Roadmap focuses on the resumption of additional indoor services with larger numbers of people and restrictions in place. This includes, but is not limited to:
Outdoor social gatherings and organized public events with up to 100 people with limited exceptions;
Indoor social gatherings and organized public events with up to 25 people;
Indoor religious services, rites or ceremonies, including wedding services and funeral services permitted with physical distancing;
Indoor dining permitted with no limits on the number of patrons per table with physical distancing and other restrictions still in effect;
Indoor sports and recreational fitness facilities to open subject to a maximum 50 per cent capacity of the indoor space. Capacity for indoor spectators is 50 per cent of the usual seating capacity or 1,000 people, whichever is less. Capacity for outdoor spectators is 75 per cent of the usual seating capacity or 15,000 people, whichever is less;
Indoor meeting and event spaces permitted to operate with physical distancing and other restrictions still in effect and capacity limited to not exceed 50 per cent capacity or 1,000 people, (whichever is less);
Essential and non-essential retail with with capacity limited to the number of people that can maintain a physical distance of two metres;
Personal care services, including services requiring the removal of a face covering, with capacity limited to the number of people that can maintain a physical distance of two metres;
Museums, galleries, historic sites, aquariums, zoos, landmarks, botanical gardens, science centres, casinos/bingo halls, amusement parks, fairs and rural exhibitions, festivals, with capacity limited to not exceed 50 per cent capacity indoors and 75 per cent capacity outdoors;
Concert venues, cinemas, and theatres permitted to operate at:
up to 50 per cent capacity indoors or a maximum limit of 1,000 people for seated events (whichever is less)
up to 75 per cent capacity outdoors or a maximum limit of 5,000 people for unseated events (whichever is less); and up to 75 per cent capacity outdoors or a maximum of 15,000 people for events with fixed seating (whichever is less).
Real estate open houses with capacity limited to the number of people that can maintain a physical distance of two metres; and
Indoor food or drink establishments where dance facilities are provided, including nightclubs and restobars, permitted up to 25 per cent capacity or up to a maximum limit of 250 people (whichever is less).
Face coverings in indoor public settings and physical distancing requirements remain in place throughout Step Three. This is in alignment with the advice on personal public health measures issued by the Public Health Agency of Canada, while also accounting for Ontario specific information and requirements. Face coverings will also be required in some outdoor public settings as well.
“Thanks to the continued efforts of Ontarians adhering to public health measures and advice, as well as going out to get vaccinated, we have seen most key health indicators continue to improve,” said Dr. Kieran Moore, Chief Medical Officer of Health. “However, the pandemic is not over and we must all remain vigilant and continue following the measures and advice in place, as the Delta variant continues to pose a threat to public health.”
The province will remain in Step Three of the Roadmap for at least 21 days and until 80 per cent of the eligible population aged 12 and over has received one dose of a COVID-19 vaccine and 75 per cent have received their second, with no public health unit having less than 70 per cent of their population fully vaccinated. Other key public health and health care indicators must also continue to remain stable. Upon meeting these thresholds, the vast majority of public health and workplace safety measures, including capacity limits for indoor and outdoor settings and limits for social gatherings, will be lifted. Only a small number of measures will remain in place, including the requirement for passive screening, such as posting a sign, and businesses requiring a safety plan.
Ontario’s epidemiological situation is distinct from other jurisdictions and the Delta variant is the dominant strain in Ontario, which is not the case with some other provinces. As a result, on the advice of the Chief Medical Officer of Health, face coverings will also continue to be required for indoor public settings. The Chief Medical Officer of Health will continue to evaluate this need on an ongoing basis.
Quick Facts
QUICK FACTS
On June 30, 2021, the province moved into Step Two of the Roadmap to Reopen, based on the provincewide vaccination rate and continued improvements in key public health and health system indicators.
The Ontario government has released the Roadmap to Reopen, a three-step plan to reopen the province and ease public health measures based on the provincewide vaccination rate and improvements in key public health and health care indicators.
With a majority of Ontario adults having received their first dose of the vaccine, providing a strong level of protection from COVID-19, the province is accelerating eligibility to book a second dose appointment, including for children and youth aged 12 to 17.