Category Archives: News

EI Work-Sharing program available to avoid tariff-caused layoffs

March 21, 2025

As one of the responses to ongoing tariff disputes with the United States, the federal government is expanding the Employment Insurance Work-Sharing Program with special measures that were instituted March 7, 2025 and will be in place to March 6, 2026.

The Work-Sharing Program was designed to help employers avoid layoffs when they face a temporary decrease in business activity for reasons beyond their control.

An employer must disclose evidence of decreased business activity as well as a recovery plan outlining a path toward normalized working hours for affected employees.

If program requirements are met, an employer, employees (or their unions, if any) and Service Canada enter into a multi-party Work-Sharing agreement under which available work is shared equally among employees and Employment Insurance (EI) benefits are provided by the federal government to mitigate income loss for employees working reduced hours.

Where requirements are met, the Work-Sharing Program is one option to address a shortfall of available work. The advantage of this option is that it retains staff in anticipation of improved business demand in the future.

Employee eligibility
As a specific response to the current trade dispute with the United States, the government has expanded and revised eligibility criteria to include employers experiencing a decline in business activity due to the threat or application of US tariffs.

Changes are noted in bold below.

Employers may now be eligible for Work-Sharing special measures if they:

  • Have been operating in Canada for at least one year (lower than usual two-year requirement);
  • Operate either year-round or on a seasonal or cyclical basis (seasonal/cyclical businesses had been typically excluded); 
  • Are a private or publicly held company, or a non-profit/charitable organization experiencing a reduction in revenue levels as a direct/indirect result of tariffs (non-profits are typically excluded except in narrow circumstances and public sector employers are typically excluded);
  • Experience a decrease in overall work activities over the past six months (the usual minimum of at least a 10% decrease does not apply in response to tariffs);
  • Have at least two eligible employees in a proposed Work-Sharing unit.

Employee eligibility
Employee eligibility has also been expanded. Normally, only “core” employees are eligible to participate, meaning permanent full-time or part-time employees.

Under the tariff response rules, employees who are assisting in employer recovery efforts, or who are seasonal or cyclical employees, are also eligible.

Additionally, the normal 60% cap on utilization (the percentage of lost hours that will be eligible for EI payments) has been removed, meaning EI benefits can make up for more lost hours.

Duration
Finally, the maximum duration of Work-Sharing agreements has been extended. 

Work-Sharing agreements normally run between 6 to 26 weeks with a possible extension up to 38 weeks. There is a mandatory “cooling-off period” between successive agreements equal to the length of the prior agreement. Under the new rules, agreements may be extended up to 76 weeks and the cooling-off period has been waived.

I hope that your business will not be negatively effected by this trade dispute, but in the event that it is I hope you will find this information useful.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Seasonal items of interest from the Ontario Ministry of Labour, Immigration, Training and Skills Development (MLITSD)

December 19, 2024

The Ministry periodically sends out a newsletter that contains a variety of information for employers. In this email I have highlighted some of the items that may be of interest to you.

A few pertain to workplace and general safety during the holiday and winter season, others relate to programs available from the Ministry and other organizations. 

If you would like to subscribe to the newsletter yourself, you can do it through this link »» Subscribe to ‘What’s New

I hope you find this information helpful.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Holiday and Seasonal Safety

Wishing a safe and happy holiday season to all who celebrate at this time of year, and a happy New Year as we move into January. While the holidays are a time of joy and celebration for many, they can be a source of anxiety for others, and changes in our routines and surroundings can lead to injuries. There are also certain employment standards to be aware of for public holidays. Here are some tips to stay safe and protect your mental health this holiday season:


Applications open for Skills Development Fund Capital Stream

Ontario has launched the second round of its Skills Development Fund (SDF) Capital Stream, with over $74 million in available funding to build, expand and retrofit training facilities for workers in the trades, including construction, manufacturing, technology and health care. Since the province launched the Skills Development Fund in 2021, Ontario is building training facilities and providing training programs that are projected to support over one million workers across the province. 

Learn more


New multilingual employment standards resources

In certain circumstances, employers and recruiters are required to give employees one or more mandatory ministry information sheets and poster. The employment standards poster and information sheets are now available in four Indigenous languages: Eastern Ojibwe, Mohawk, Moose Cree and Oji-Cree. This information is also available in other languages.

Get your poster  |  Get your information sheets


CROSH: Student internships, free online health and safety conference

New at the Centre for Research in Occupational Safety and Health (CROSH):

Connecting interns and workplaces: Could your organization benefit from graduate and undergraduate student help in solving a health and safety problem? CROSH facilitates 150-hour student internships at no cost to the organization.

January 24:CROSH Con 2025: Research for Workers: There’s still room to register for CROSH’s free online health and safety conference in January. The conference features 11 presentations with clear take-home messages on some of the latest health and safety research.


Public Services Health and Safety Association:  Audits, Training and Excellence rebates

Occupational Health and Safety Management System (OHSMS) audit: This audit involves a systematic review of an organization’s health and safety management system and compares it against an established set of requirements. The thorough, independent and unbiased audit process allows clients to have guidance and recommendations that showcases their strengths while indicating opportunities for improving their system.

Private delivery training: PSHSA’s private delivery training is offered virtually or from the convenience of your workplace with just your workers in attendance. Courses offered through private delivery include Joint Health and Safety Committee Certification, Working at Heights, Health and Safety for Leaders and more.

Health and Safety Excellence Program: PSHSA is a WSIB Health and Safety Excellence Program provider and leads registered clients through the program requirements and along their journey towards health and safety excellence. In November, 10 registered employers in PSHSA’s Health and Safety Excellence program successfully met the program requirements, obtaining a collective rebate of $115,292. Since the beginning of the program, PSHSA has helped registered workplaces obtain a collective rebate of over $5 million dollars to date.


New online labour relations services

Through Collective Bargaining Ontario, unions and employers can now request an appointment for arbitration or conciliation online, as well as file collective agreements. New features also include 24/7 access to electronic files and information, regular status updates and more. 

Learn more at Collective Bargaining Ontario


Court bulletins

View bulletins on recent court decisions that resulted in fines and other penalties under Ontarios workplace laws.

Read more

IMPORTANT: Deadline for IDEL Reimbursement is July 29, 2023

July 20, 2023

As I advised on March 30, the 2023 Ontario Budget of March 23 provided that the Paid Infectious Disease Emergency Leave (Paid IDEL) introduced during the COVID-19 pandemic, would expire on March 31, 2023.

This important reminder regards the deadline of July 29, 2023 for reimbursements.

I have highlighted the information about the deadline in yellow and further information regarding IDEL is in the March 30 email included below.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Reimbursement
With the expiration of the program on March 31, 2023, employers can apply for reimbursement for any eligible Paid IDEL up to and including that date. 

Applications for reimbursement can be made through this link:
https://ontario-covid19-worker-income-protection-benefit.ca/en

Applications must be made within 120 days of the date the employer paid the employee, or by July 29, 2023 (whichever is earlier). The WSIB cannot process applications submitted after 120 days .


Unpaid IDEL (Infectious Disease Emergency Leave) remains available as Paid IDEL expires March 31.

March 30, 2023

The 2023 Ontario Budget released on March 23, 2023, provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023.

Paid IDEL first became available in April 2021, when the COVID-19 pandemic was having significant impact on all aspects of work and social life.

It required employers to provide employees with up to three days’ pay if they missed work for certain reasons relating to COVID-19.

Reasons for leave included self-isolating, getting tested for COVID-19, awaiting the results of a test; being sick with COVID-19, getting vaccinated, experiencing side effects from a vaccination, getting individual medical treatment for mental health reasons relating to COVID-19, and providing care or support to certain relatives for COVID-19-related reasons.

Eligible employers were entitled to apply for a reimbursement from the Workplace Safety and Insurance Board (WSIB) of payments made to employees who took paid IDEL, up to a maximum of $200 per day per employee.

Paid IDEL, including provision for reimbursement, was extended several times by Regulation. As I advised in July of 2022, Ontario filed Regulation 464/22, amended O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid IDEL until March 31, 2023.

Reimbursement
With the expiration of the program on March 31, 2023, employers can apply for reimbursement for any eligible Paid IDEL up to and including that date. 

Applications for reimbursement can be made through this link:
https://ontario-covid19-worker-income-protection-benefit.ca/en

Applications must be made within 120 days of the date the employer paid the employee, or by July 29, 2023 (whichever is earlier). The WSIB cannot process applications submitted after 120 days .

Unpaid IDEL available for eligible employees
Although Paid IDEL will not be available after March 31, 2023, for as long as COVID-19 is designated an “infectious disease” by O. Reg. 228/20, employees will continue to have the right to take unpaid IDEL if they are not performing the duties of their position for any of the following reasons related to COVID-19:

  • the employee is under individual medical investigation, supervision or treatment related to COVID-19; 
  • the employee is following a COVID‑19-related order issued under the Health Promotion and Protection Act; 
  • the employee is in quarantine, isolation (voluntary or involuntary), or is subject to a control measure implemented as a result of information or directions related to COVID-19, and issued by a public health official, qualified health practitioner, Telehealth Ontario, the government of Ontario or Canada, a municipal council, or a board of health; 
  • the employee is under a direction given by their employer in response to the employer’s concern that the employee might expose other individuals in the workplace to COVID-19; 
  • the employee is providing care or support to specified individuals (family members) because of a matter related to COVID-19; or 
  • the employee is directly affected by travel restrictions related to COVID-19 that prevent them from travelling back to Ontario. 

There is no specified limit to the number of days an employee can be on unpaid IDEL. Employers may ask for “evidence reasonable in the circumstances,” “at a time reasonable in the circumstances,” to verify the unpaid IDEL; however, they cannot require medical certificates.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Ontario now requiring Naloxone kits for at-risk workplaces.

June 6, 2023

As I advised last December, as of June 1, 2023, the government of Ontario is implementing a new section of the Occupational Health and Safety Act (OHSA) that requires at-risk employers to ensure their workplaces have a naloxone kit on hand and workers trained on how to use them.

The government is making free naloxone kits (and free training) available for these workplaces.

Businesses can determine if they are eligible for the program and find additional information on accessing free kits and training at Ontario.ca/workplacenaloxone.

Naloxone is a life-saving medication that can temporarily reverse an opioid overdose, restore breathing within two to five minutes, and allow time for medical help to arrive.

There is no set definition of ‘at-risk workplaces’, but they are generally deemed to be workplaces where there is a risk of staff witnessing or experiencing an opioid overdose.

Construction is by far the industry most impacted by opioid overdose. Of the workers who died from opioid-related causes last year, 30 per cent were employed in construction

Bars and nightclubs have also seen increased opioid usage and accidental overdoses, often because of recreational drugs laced with deadly opioids such as fentanyl and carfentanil.

Note that the new requirements in the OHSA are related specifically to opioid overdose and do not change how an employer may choose to manage worker impairment from drugs or alcohol that may pose a risk to workplace safety.

The full government announcement can be found at »» this link.

Please contact me with any questions you may have or for assistance working through your staffing matters.

COVID-19 booster shots recommended for high risk individuals

April 11, 2023

Ontario’s Chief Medical Officer of Health is recommending that individuals in high-risk groups receive their next COVID-19 booster dose this spring if it has been at least six months since their last dose or confirmed COVID-19 infection.

While it is not likely that your employees fall into one of the high risk groups, it is likely that they will have people in their relationships who fall within a high risk group.

This update may protect your employees’ health and reduce absences.

High risk groups are identified as:

  • Individuals aged 65 years and older;
  • Residents of long-term care homes, retirement homes, Elder Care Lodges, and other congregate living settings for seniors;
  • Individuals aged 18 years and older living in a congregate care setting for people with complex medical care needs;
  • Pregnant individuals;
  • Individuals aged 18 years and older who are moderately to severely immunocompromised; and
  • Individuals aged 55 years and older who identify as First Nations, Inuit, or Métis and their non-Indigenous household members aged 55 years and older.

Individuals 5 years and older who have not yet received a booster dose since September 1, 2022, remain recommended to receive a booster dose if it has been at least six months since their last dose or confirmed COVID-19 infection.

Recommendations for other individuals who are not high-risk and have already received a booster since September 1, 2022, will be available closer to Fall 2023.

The full government News Release can be read at »» this link.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Unpaid IDEL (Infectious Disease Emergency Leave) remains available as Paid IDEL expires March 31.

March 30, 2023

The 2023 Ontario Budget released on March 23, 2023, provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023.

Paid IDEL first became available in April 2021, when the COVID-19 pandemic was having significant impact on all aspects of work and social life.

It required employers to provide employees with up to three days’ pay if they missed work for certain reasons relating to COVID-19.

Reasons for leave included self-isolating, getting tested for COVID-19, awaiting the results of a test; being sick with COVID-19, getting vaccinated, experiencing side effects from a vaccination, getting individual medical treatment for mental health reasons relating to COVID-19, and providing care or support to certain relatives for COVID-19-related reasons.

Eligible employers were entitled to apply for a reimbursement from the Workplace Safety and Insurance Board (WSIB) of payments made to employees who took paid IDEL, up to a maximum of $200 per day per employee.

Paid IDEL, including provision for reimbursement, was extended several times by Regulation. As I advised in July of 2022, Ontario filed Regulation 464/22, amended O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid IDEL until March 31, 2023.

Reimbursement
With the expiration of the program on March 31, 2023, employers can apply for reimbursement for any eligible Paid IDEL up to and including that date. 

Applications for reimbursement can be made through this link:
https://ontario-covid19-worker-income-protection-benefit.ca/en

Applications must be made within 120 days of the date the employer paid the employee, or by July 29, 2023 (whichever is earlier). The WSIB cannot process applications submitted after 120 days .

Unpaid IDEL available for eligible employees
Although Paid IDEL will not be available after March 31, 2023, for as long as COVID-19 is designated an “infectious disease” by O. Reg. 228/20, employees will continue to have the right to take unpaid IDEL if they are not performing the duties of their position for any of the following reasons related to COVID-19:

  • the employee is under individual medical investigation, supervision or treatment related to COVID-19; 
  • the employee is following a COVID‑19-related order issued under the Health Promotion and Protection Act; 
  • the employee is in quarantine, isolation (voluntary or involuntary), or is subject to a control measure implemented as a result of information or directions related to COVID-19, and issued by a public health official, qualified health practitioner, Telehealth Ontario, the government of Ontario or Canada, a municipal council, or a board of health; 
  • the employee is under a direction given by their employer in response to the employer’s concern that the employee might expose other individuals in the workplace to COVID-19; 
  • the employee is providing care or support to specified individuals (family members) because of a matter related to COVID-19; or 
  • the employee is directly affected by travel restrictions related to COVID-19 that prevent them from travelling back to Ontario. 

There is no specified limit to the number of days an employee can be on unpaid IDEL. Employers may ask for “evidence reasonable in the circumstances,” “at a time reasonable in the circumstances,” to verify the unpaid IDEL; however, they cannot require medical certificates.

Please contact me with any questions you may have or for assistance working through your staffing matters.

Analysis of 2023 Federal Budget 

March 29, 2023

Analysis of 2023 Federal Budget 

As with last week’s Ontario Budget, my clients at the Sussex Strategy Group have kindly given me permission to provide you with their analysis of the Federal Budget presented yesterday.
 
Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services. I find their analyses and reports informative and insightful, and I hope you will also.

Please contact me with any employment questions you may have or for assistance working through your staffing matters.


Federal Budget 2023

Yesterday afternoon Deputy Prime Minister and Minister of Finance Chrystia Freeland released Budget 2023: A Made-in-Canada Plan

The Liberal approach to this Budget is framed between economic strength on one hand (strongest economic growth in the G7 over the last year; 830,000 more Canadians employed than before the pandemic; near-record low unemployment) and very real economic challenges on the other (persistently high inflation; a slowing economy; affordability concerns).  

The Budget also homes in on two intertwined global economic shifts that will frame the Liberal policy agenda in the months ahead: first, the accelerating global race to build net-zero economies and the industries of tomorrow; and second, a realignment of global trade patterns as democracies move to friend-shore their economies by limiting their strategic economic dependence on countries like Russia and China.

The Budget is designed to respond to these challenges and opportunities. Spending is targeted at critical priorities that the Liberals felt required an immediate response such as addressing healthcare challenges in a post-pandemic world, deepening progress on greenhouse gas emission reduction, and addressing Canadians’ affordability concerns. And while the budget is a far cry from austerity – there is $59.9 billion in new spending measures outlined in the budget – it is a leaner budget than in recent years. The new outlays will also be partially offset by increased tax revenues and reductions in government spending on travel and professional services.

Please click »» here for full details on the spending and policy mechanisms outlined in the Budget.

Analysis of 2023 Ontario Budget 

March 24, 2023

Analysis of 2023 Ontario Budget 

As I have done in the past, I am pleased to provide you with an analysis by one of my clients, Sussex Strategy Group, of the Ontario Budget presented yesterday.
 
Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services. I find their analyses and reports informative and insightful, and I hope you will also.

Please contact me with any employment questions you may have or for assistance working through your staffing matters.


Ontario Budget 2023: Dear Prudence

As yesterday’s budget notes, we live in uncertain times. Yet the Ford government has done their best to project stability and confidence through measured program spending, targeted economic stimulus, and refocusing efforts on bringing the province’s books back to balance as quickly as possible.

Earlier this afternoon the Honourable Peter Bethlenfalvy, Ontario’s Minister of Finance, delivered the 2023 Budget, entitled “Building a Strong Ontario”. This is officially the second budget of the Ford government’s second mandate but should be viewed as this mandate’s first real fiscal plan and in many respects the first post-pandemic focused budget.

Typically we would expect at this point in the life of a government for difficult decisions to be made, including an erosion of program expenditures – think of the 2019 Budget, for example. And, certainly, Minister Bethlenfalvy has been saying for months (including as recently as an interview in The Globe and Mail this week) that this budget would stress “fiscal prudence” and would look to bring program spending under control now that the worst of the pandemic has passed.

Ontario however, like much of the global economy, appears to be teetering on the edge of a recession. Uncertainty remains prevalent amongst many residents and businesses. Inflation is still running high, and affordability-related issues remain atop the list of voters’ concerns. At times like these, we often look to our governments to provide financial support or other stimulative measures to help the economy recover and support Ontarians struggling with the rising cost of living. With an expected deficit about a quarter of the size than what was forecast in the 2022 Budget, the government arguably has some fiscal firepower available to meet these expectations.

In the end, the 186-page budget takes a hybrid approach – a measured plan that sets aside large contingency funds for the uncertain economic times, commits new funding for healthcare and addressing labour shortages, and supporting businesses through a new Ontario-made manufacturing investment tax credit as well as targeted support in priority areas such as EV battery manufacturing, critical minerals, and “green steel”. All of this while pledging to achieve a balanced budget by 2024-2025 (three years earlier than previously forecast).

While municipalities may find absent new funding support to address lagging deficits, with an impressive $204.7 billion committed, this budget represents the largest fiscal plan in Ontario’s history. 

Click »» here to read the full Analysis by Sussex Strategy Group

B.C. Pay Transparency Act

March 21, 2023

Employers with operations in British Columbia should be aware that on March 7, 2023, the Legislative Assembly introduced Bill 13, the Pay Transparency Act, which will require all employers in the province to include wage or salary ranges on all publicly advertised jobs as of Nov. 1, 2023.

The stated goal of the Act is “to help close the gender pay gap in B.C. – the next step on the path to pay equity.”

The Act would also prohibit employers from asking job applicants about their pay history or otherwise seeking such information from a third party (e.g., the candidate’s current/previous employer), unless the information is publicly available. In addition, employers will not be able to punish employees who disclose their pay to potential job applicants or co-workers.

Under the legislation, employers will gradually be required to publicly post ‘pay transparency reports’ on their gender pay gap. This requirement is being introduced in stages – by number of employees – to give employers time to prepare, as follows:

  • Nov. 1, 2023: BC Public Service Agency and Crown corporations with more than 1,000 employees (ICBC, BC Hydro, WorkSafeBC, BC Housing, BC Lottery Corporation and BC Transit).
  • Nov. 1, 2024: all employers with 1,000 employees or more
  • Nov. 1, 2025: all employers with 300 employees or more
  • Nov. 1, 2026: all employers with 50 employees or more

Regulations are being developed for the fall that will provide employers with more details about how to report on the pay gap and what information will be required.

Bill 13 is subject to further legislative debate and potential revisions as it progresses through the legislative process. I will continue to monitor its progress and update you as appropriate.

Please contact me with any questions you may have or for assistance working through your staffing matters.