Category Archives: News

Ontario issuing rebates to safe employers from WSIB surplus.

February 17, 2022

The Ontario government has announced that it will be issuing rebates to approximately 300,000 businesses that qualify as ‘safe employers’. The money is being sourced from Workplace Safety and Insurance Board (WSIB) surplus funds.

I have included the government News Release below, and also add this information from a CTV News article (link):

There is no application process, the qualifying businesses are those that have a track record of ensuring workers are kept healthy and safe.

Monte McNaughton, Minister of Labour, Training and Skills Development, told CTV that “..those businesses, for example, that have been convicted of offences won’t profit from this.”

The Minister also said that 95 per cent of all Ontario businesses receiving the WSIB rebate would be employers with 50 employees or less. 

I hope you find this information helpful.

Please contact me for assistance working through your staffing matters.

NEWS RELEASE

Ontario’s Safe Employers Receiving up to $1.5 Billion Rebate

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Rebate will support businesses, maintain jobs and help safe employers impacted by COVID-19

February 16, 2022
Labour, Training and Skills Development

TORONTO — Ontario’s safe employers are receiving a rebate of up to $1.5 billion as Workplace Safety and Insurance Board (WSIB) surplus funds are returned for the first time. This rebate will give 300,000 businesses back approximately 30 per cent of their annual premium payments, helping create new jobs and allowing for bigger paycheques for workers. This builds on the government’s $2.4 billion that has already been given back to employers through premium reductions, while maintaining benefits for injured workers.

“After historic underfunding and mismanagement, Premier Ford and I are creating generational change at the WSIB to ensure it is working for workers,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “We are getting cheques in the mail for businesses on Main Street who need this relief so they can pay their workers more, create new jobs, and grow our economy. In the coming weeks, I will announce a series of unprecedented supports for the people of Ontario that continue to rebalance the scales in favour of workers.”

The surplus distribution will only be provided to safe employers, who will receive their rebates starting in April. For a business with 80 to 125 employees, this could mean receiving $28,000 to reinvest in their business and workers.

“Ontario businesses are paying the lowest average premium rate in more than 20 years,” said Grant Walsh, Chair of the WSIB. “With solid financial management we can give this rebate to businesses at a time when they need it most while protecting coverage for people injured at work.”

This distribution comes only four years after the elimination of the board’s historic unfunded liability. Today, the WSIB is in its strongest financial position in its history and, as of September 30, 2021, has $6.4 billion in reserve.

Ontario easing more restrictions February 17.

February 14, 2022

The government of Ontario today announced that the province will be moving to the next phase of reopening on February 17, 2022 at 12:01 a.m.

It is anticipated that lifting capacity limits in all remaining indoor public settings will take place March 1, “if public health and health system indicators continue to improve.”

In addition, as of 8:00 a.m. on Friday, February 18, 2022, Ontario is expanding booster dose eligibility to youth aged 12 to 17.

I have provided highlights of the announcement. The full News Release can be found at »» this link on the Ontario government website.

Effective February 17, 2022
Ontario will further ease public health measures, including, but not limited to:

  • Increasing social gathering limits to 50 people indoors and 100 people outdoors
  • Increasing organized public event limits to 50 people indoors, with no limit outdoors
  • Removing capacity limits in the following indoor public settings where proof of vaccination is required, including but not limited to:
    • Restaurants, bars and other food or drink establishments without dance facilities
    • Non-spectator areas of sports and recreational fitness facilities, including gyms
    • Cinemas
    • Meeting and event spaces, including conference centres or convention centres
    • Casinos, bingo halls and other gaming establishments
    • Indoor areas of settings that choose to opt-in to proof of vaccination requirements.Allowing 50 per cent of the usual seating capacity at sports arenas
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  • Allowing 50 percent of the usual seating capacity for concert venues and theatres
  • Increasing indoor capacity limits to 25 per cent in the remaining higher-risk settings where proof of vaccination is required, including nightclubs, restaurants where there is dancing, as well as bathhouses and sex clubs
  • Increasing capacity limits for indoor weddings, funerals or religious services, rites, or ceremonies to the number of people who can maintain two metres physical distance. Capacity limits are removed if the location opts-in to use proof of vaccination or if the service, rite, or ceremony is occurring outdoors.

Capacity limits in other indoor public settings, such as grocery stores, pharmacies, retail and shopping malls, will be maintained at, or increased to, the number of people who can maintain two metres physical distance.

I hope you find this information helpful.

Please contact me for assistance working through your staffing matters.

Recent Arbitrator Decisions on Vaccination policies.

February 3, 2021
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In two recent decisions, arbitrators have upheld employer vaccination policies when they were demonstrated as being necessary and reasonable.

Employers are required to balance individual employee rights with an obligation to maintain a safe workplace for all. These cases indicate that arbitrators will rule favourably when the employer has considered that a less onerous policy will not suffice.

I have provided summaries of the two cases below. There are details in each that I have edited in order to highlight the key elements. The full decisions are available online for reading or downloading as indicated.

I hope you find this information helpful. Please contact me with assistance working through your employment and labour law matters.

Bunge Hamilton (‘Company’) and United Food and Commercial Workers Canada, Local 175 (‘Union’)
January 4, 2022 »» read / download

The Union filed a policy grievance alleging that a new COVID-19 vaccination policy issued by the Company “violates employee personal privacy/personal information and employee privacy rights”.

Background
The Company operates an oilseed processing facility with different but coordinated operations in two adjacent properties, known as the North Property and the South Property.

The Bunge office, training and primary operations are located on the North Property. The South Property is largely dedicated to shipping and pre-shipping/storage operations.

Employees are regularly scheduled to perform jobs that are located on one side or the other, but employees may be reassigned to any jobs on either side of the Company’s operations at any time as the Company may deem necessary.

The North Property is located on land leased from the Hamilton Oshawa Port Authority (‘HOPA’), which is a federally-regulated organization. The South Property is owned by Bunge.

On November 2, 2021, the Company received an email from HOPA which advised Bunge of a HOPA vaccination policy issued pursuant to new Transport Canada directions, that required, “all employees of companies located at the port are required to be fully vaccinated by January 24, 2022, with exception for those that are unable to get vaccinated based on a Certified Medical Contraindication”. 

Under “Consequences for Non-Compliance” the HOPA Policy States:HOPA contractor and tenant employees who do not attest that they are Fully Vaccinated by January 24, 2022 and in accordance with this policy will not be permitted on HOPA property until such time as they can attest that they are Fully Vaccinated.HOPA contractor and tenant employees who make false attestations related to vaccination status will be subject to a six (6) month trespass period from HOPA Property”The HOPA Policy included provisions for protection of, “Personal information in a manner that respects the provisions of the Privacy Act and other applicable legislation.”

Subsequent to this notice from HOPA, Bunge issued a revised version of its COVID-19 Vaccination Policy that it previously implemented, explaining that, “all employees of companies located at the HOPA port will be required to be fully vaccinated by January 24, 2022. As a HOPA tenant, Bunge is required to comply with this mandate.”

The stated purpose was; “To comply with federal requirements and HOPA’s mandate, and to also provide for a safe work environment during the COVID-19 pandemic and safeguard the health and safety of employees, contractors, visitors and vendors.” 

The revised “ New Policy” included an additional provision for protection of privacy beyond the HOPA policy:If the Company elects to store proof of vaccination, it will be stored in a confidential medical file which is separate and apart from the employee’s or other person’s personnel file and will be kept secured and confidential. Vaccination status information will be destroyed when the pandemic is declared over by public health officials or when vaccine verification measures are determined not to be a necessary, effective or proportionate response to address the public health purposes.The Company also allowed for additional exemptions beyond the Certified Medical Contraindications in the HOPA policy, including consideration of exemptions for Religion/Creed. 

The Union filed a policy grievance alleging that Bunge’s November 22, 2021 Policy violates employee personal privacy/personal information and employee privacy rights.

Submissions
Union Submission
The Union submitted that the Policy infringed upon employees’ rights to keep their confidential medical information private through the requirement that employees disclose their vaccination status, which it asserted was in breach of the Personal Health Information Protection Act, 2004 (“PHIPA”), specifically section 19. 

The Union also submitted that the HOPA Policy only applies to the North Property, as it is only that property that is leased from HOPA, so the Employer cannot justify the application of the New Policy to the South Property on the basis that HOPA requires that it do so.

It requested that employees not be required to disclose their vaccine status, mandatory testing be included as an option as part of the Policy, and unpaid leaves, suspensions, or terminations not be allowed as part of the Policy.

Company Submission
The Company submitted that the disclosure of vaccine status is not information protected by PHIPA, and in the circumstances of the pandemic and the HOPA Policy, it is reasonable to demand this information of employees.

The Employer argued that the HOPA Policy applied to both North and South Properties, and that it would be impractical to distinguish between the two locations, as they are integrated in operation: isolating unvaccinated employees to work only in the South Property would materially interfere with the production of its product.

The Employer submitted that it is premature to consider the Union’s objection to unpaid leaves, discipline and termination, as no employee has yet been put on unpaid leave, been disciplined, or been terminated.

Decision
1: The Arbitrator dismissed the grievance. He ruled that the Vaccine Policy was introduced because the Employer was bound to comply with the HOPA Policy.

Non-compliance would render the continued operation of the Company’s business potentially unfeasible, since it would then be barred from access to the North Property.

2: He found that the requirement to disclose vaccine status was reasonable and  “It is not clear that PHIPA would prevent the disclosure of an individual’s vaccination status in the circumstances at hand.”

3: In regard to the application of the policy across both properties, the Arbitrator ruled:

“Even assuming that the HOPA Policy does not require that it be applied to the South Property, given the significant disruption to the ability of the Employer to conduct its business if different vaccine policies or practices applied to the two locations, it is reasonable for the Vaccine Policy to apply to all employees regardless of their work location.”

4: With respect to the Union’s request that mandatory testing be included as an option as part of the Policy, the Arbitrator ruled that “using testing as an alternative to a mandatory vaccination requirement would put the Employer in breach of its lease obligations with HOPA.”

5: With respect to the references in the Vaccine Policy to discipline and termination, the Arbitrator noted that the union had the option to file a grievance if an employee was disciplined or discharged.

Hydro One Inc. and Power Workers’ Union
January 31, 2022  »» read / download

In the case of Hydro One and the Power Workers’ Union, Grievances were filed by the PWU on behalf of 12 employees (‘Grievors’) who were placed on a leave of absence unpaid (‘LAU’) for failing to comply with the COVID-19 Vaccination Policy  of Hydro One (Company).

Background
On September 22, 2021, Hydro One introduced a COVID-19 Vaccination Policy which it communicated to all employees by email. 

On November 2, 2021, after consultation with the PWU, the Policy was revised. 

The revised Policy stated that “effective October 22, 2021, all employees are required to provide Hydro One with proof of vaccination status or confirmation of a medical exemption, exemption under the Ontario Human Rights Code, or that the employee declines to disclose their vaccination status.”

“Those employees who decline to disclose their vaccination status and those who are unvaccinated are required to undergo regular COVID-19 rapid antigen testing (RAT) prior to reporting to work effective November 8, 2021.”

The Grievors, for various reasons, all failed to comply with the Policy’s requirements to either provide proof of vaccination or provide a negative “rapid antigen test” (“RAT”). 

Hydro One placed each of the Grievors on a “leave of absence unpaid” (“LAU”) until they complied with the Policy. One of the Grievors subsequently retired, while the other Grievors eventually complied with the Policy, resulting in their return to work.  

Submissions
PWU Submission
The PWU took the position that the Grievors had legitimate concerns about the Policy and that Hydro One did not address such concerns in a timely manner and violated the Collective Agreement by acting unreasonably in addressing concerns raised with respect to the testing and reporting protocols found in the Policy.

As a result, the Grievors were unable to comply with the November 5, 2021, deadline, leading to their LAU. 

The PWU maintained that the Grievors should not have lost wages for their “early non-compliance” and instead should have been able to work from home, where possible. 

The PWU sought payment to all the Grievors for the period of time they were on a LAU.

Hydro One Submission
Hydro One asserted that they acted reasonably in the circumstances and the Policy is a reasonable response to the current COVID-19 global pandemic

Hydro One maintained that the Policy was carefully crafted to balance employee rights, while addressing the threat of infection in the workplace. 

Hydro One notes that COVID-9 infections in the workplace would not only adversely affect operations, but may also place employee health and safety in jeopardy. 

Hydro One argues that it was reasonable in placing the Grievors on a LAU when they failed to comply with the reasonable terms of the Policy.

Decision 
The Arbitrator dismissed all of the grievances, ruling that:the Policy is reasonable and is necessary to address the on-going health and safety issues arising from the current COVID-19 global pandemic Hydro One is complying with their obligations under the Occupational Health & Safety Act, to take reasonable precautions to protect the health and safety of their employees and the public that they serve.with the revised Policy of November 2, 2021, Hydro One had addressed PWU concerns in good faith and within a reasonable period of time by providing fair and adequate responses.the Policy applies the precautionary principle to address legitimate workplace concerns in a fair and balanced approach and is a reasonable compromise that respects employee rights and balances the various important interestsit is fair and reasonable in the circumstances of this pandemic to prohibit employees from attending work if they do not provide proof of vaccination or a negative COVID-19 RATit is not necessary to provide remote work where a reasonable alternative has already been provided to those employees who refuse to disclose their vaccinated status (i.e., RAT)it is the free choice of employees to refuse the reasonable alternative, but Hydro One has no further obligation to accommodate such individualsaccommodation of the Grievors with remote work is not necessary or required in these circumstancesmost of the Grievors could not perform their work remotely in any eventHe acknowledged that some of the concerns raised by the Grievors may have been legitimate, but ruled that most, if not all, of those concerns ought to have been raised in a timelier manner.

The Grievors all had reasonable advance notice about the requirements of the Policy but had waited until the very last minute to raise their concerns about the Policy.

Ontario easing some COVID restrictions beginning January 31.

January 20, 2021

The government of Ontario has announced that it will ease some COVID-19 related capacity and other restrictions beginning January 31 with plans for future stages of reopening, subject to trends in public health and health care.

I have provided top line information about the changes taking place January 31. The full text of the announcement, detailing future easings tentatively scheduled for February 21 and March 14, 2022, can be found at »» this link on the Ontario government website.


January 31, 2022
Effective January 31, 2022 at 12:01 a.m. Ontario will begin the process of gradually easing restrictions, while maintaining protective measures, including but not limited to:

  • Increasing social gathering limits to 10 people indoors and 25 people outdoors.
  • Increasing or maintaining capacity limits at 50 per cent in indoor public settings, including but not limited to:
    • Restaurants, bars and other food or drink establishments without dance facilities;
    • Retailers (including grocery stores and pharmacies)
    • Shopping malls;
    • Non-spectator areas of sports and recreational fitness facilities, including gyms;
    • Cinemas;
    • Meeting and event spaces;
    • Recreational amenities and amusement parks, including water parks;
    • Museums, galleries, aquariums, zoos and similar attractions; and
    • Casinos, bingo halls and other gaming establishments
    • Religious services, rites, or ceremonies.
    • Allowing spectator areas of facilities such as sporting events, concert venues and theatres to operate at 50 per cent seated capacity or 500 people, whichever is less.
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  • Enhanced proof of vaccination, and other requirements would continue to apply in existing settings.

I hope you find this information helpful.

Please contact me for assistance working through your staffing matters.

Ontario employer requirement to post public screening signs

January 19, 2021

Subsection 2(3), Schedule 1 of O. Reg. 263/20: Rules for Areas in Step 2 made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) states that:

“the person responsible for a business or organization that is open must operate that business or organization in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health or another public health official on screening individuals. This applies whether or not the individuals are fully vaccinated”.

This requirement includes posting signs at all entrances to the premises of the business or organization, in a conspicuous location visible to the public, that inform individuals on how to screen themselves for COVID-19 prior to entering the premises.

The Office of Ontario’s Chief Medical Officer of Health has issued a document with questions and instructions that should be used by businesses and organizations to develop signs to meet the requirement. 

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The document, dated January 18, 2022, can be accessed at this web address:

https://www.health.gov.on.ca/en/pro/programs/publichealth/coronavirus/docs/COVID_19_bus_orgs_question_signage.pdf

In reading it, there may be some confusion, as it makes reference to a different government web page which in turn links to a screening guidance document from October 25, 2021.

My suggestion is that you follow the guidance and screening questions in the most recent update, that of January 18, 2022, as linked above.

Latest guidance for COVID-19 isolation, reporting and contact tracing

January 10, 2021

I have received a number of calls from clients regarding how to deal with employees who are concerned about having COVID and what employees should do in situations when they are concerned about having been exposed to COVID-19. 

I have compiled a document I hope you will find helpful that provides Case and Contact Management and PCR Testing Guidance from Ontario public health authorities. 

It can be downloaded and printed »» through this link for your own use or distribution to employees .

The document includes in-depth answers to the following questions:

  • Should employers who have cohort schedules for employees move back to online only? Do they have to?
  • What should you do if you have symptoms of COVID-19? 
  • What should you do if you’ve been exposed to someone who has tested positive for COVID-19?
  • If you test positive, what should you do? 
  • Who is considered a close contact?
  • What does self-isolating entail? 
  • What happens if after the five days since symptoms started, the individual still tests positive on day six of symptoms but is feeling better? Do they need to self- isolate?
  • Who is considered to be fully vaccinated? Given the high transmissibility of Omicron, does this mean people need to get their booster dose to be considered fully vaccinated?
  • Are there exemptions to the 5 days of self-isolation for people who are exposed to a case? 
  • How are individuals who are self-isolating supposed to take care of themselves (e.g., get groceries, mental health supports, etc.)? 
  • Is it safe for individuals after their five-day isolation period (day 6-10) to visit their grandparents or other immunocompromised individuals, or go to gyms/restaurants? 
  • Why aren’t individuals required to report a positive rapid antigen test result to their public health unit? 
  • What are the “Virtual Assistant” tool and COVID Alert App and what do they do?
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Ontario reinstating Step Two measures with some modifications

January 3, 2021

The government of Ontario has announced that it is reinstating the restrictions of Step Two, with some modifications. For reference, Step Two was the period between June 30 and July 16 of last year. 

The new measures come into effect  Wednesday, January 5, 2022 at 12:01 a.m. for at least 21 days (until January 26, 2022), subject to trends in public health and health system indicators.

The measures include social gathering limits for both private and public events, closing indoor dining at restaurants and bars, limiting capacity at retail outlets and closing entertainment and sport venues.

Businesses and organizations are required to ensure employees work remotely unless the nature of their work requires them to be on-site.

Publicly funded and private schools will move to remote learning starting January 5 until at least January 17.

Hospitals are being instructed to pause all non-emergent and non-urgent surgeries and procedures.

In terms of relief for effected businesses, the government is expanding the new Ontario Business Costs Rebate Program. As previously advised, the government is providing for a six-month interest- and penalty-free period for Ontario businesses to make payments for most provincially administered taxes. 

It is also “exploring options for providing further targeted and necessary supports for businesses and workers impacted by the province’s move into a modified Step Two of the Roadmap to Reopen, including grants.“

I am providing a summary of key points with a link to the full government announcement.

Closures and capacity restrictions
Effective Wednesday, January 5, 2022 at 12:01 a.m. for at least 21 days (until January 26, 2022), subject to trends in public health and health system indicators.
These measures include:

  • Requiring businesses and organizations to ensure employees work remotely unless the nature of their work requires them to be on-site. 
  • Reducing social gathering limits to five people indoors and 10 people outdoors.
  • Limiting capacity at organized public events to five people indoors.
  • Limiting capacity at indoor weddings, funerals, and religious services, rites and ceremonies to 50 per cent capacity of the particular room. Outdoor services are limited to the number of people that can maintain 2 metres of physical distance. Social gatherings associated with these services must adhere to the social gathering limits.
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Retail and Dining

  • Retail settings, including shopping malls, permitted at 50 per cent capacity. For shopping malls physical distancing will be required in line-ups, loitering will not be permitted and food courts will be required to close.
  • Personal care services permitted at 50 per cent capacity and other restrictions. Saunas, steam rooms, and oxygen bars closed.
  • Closing indoor dining at restaurants, bars and other food or drink establishments. Outdoor dining with restrictions, takeout, drive through and delivery is permitted.
  • Restricting the sale of alcohol after 10 p.m. and the consumption of alcohol on-premise in businesses or settings after 11 p.m. with delivery and takeout, grocery/convenience stores and other liquor stores exempted.
  • Closing indoor meeting and event spaces with limited exceptions but permitting outdoor spaces to remain open with restrictions.

Entertainment, Sports, Culture

  • Closing indoor sport and recreational fitness facilities including gyms, except for athletes training for the Olympics and Paralympics and select professional and elite amateur sport leagues. Outdoor facilities are permitted to operate but with the number of spectators not to exceed 50 per cent occupancy and other requirements.
  • Closing indoor concert venues, theatres, cinemas, rehearsals and recorded performances permitted with restrictions.
  • Closing museums, galleries, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions, amusement parks and waterparks, tour and guide services and fairs, rural exhibitions, and festivals. Outdoor establishments permitted to open with restrictions and with spectator occupancy, where applicable, limited to 50 per cent capacity.
  • Public libraries limited to 50 per cent capacity.
  • Closing indoor horse racing tracks, car racing tracks and other similar venues. Outdoor establishments permitted to open with restrictions and with spectator occupancy limited to 50 per cent capacity. Boat tours permitted at 50 per cent capacity.

Schools

  • All publicly funded and private schools will move to remote learning starting January 5 until at least January 17, subject to public health trends and operational considerations.
  • School buildings would be permitted to open for child care operations, including emergency child care, to provide in-person instruction for students with special education needs who cannot be accommodated remotely and for staff who are unable to deliver quality instruction from home.
  • During this period of remote learning, free emergency child care will be provided for school-aged children of health care and other eligible frontline workers.

Hospitals

  • Effective January 5, 2022 the Chief Medical Officer of Health will reinstate Directive 2 for hospitals and regulated health professionals, instructing hospitals to pause all non-emergent and non-urgent surgeries and procedures in order to preserve critical care and human resource capacity.

Business relief
Eligible businesses that are required to close or reduce capacity will receive rebate payments for a portion of the property tax and energy costs they incur while subject to these measures. 

Eligible businesses required to reduce capacity to 50 per cent, such as smaller retail stores, will receive a rebate payment equivalent to 50 per cent of their costs, while businesses required to close for indoor activities, such as restaurants and gyms, will receive a rebate payment equivalent to 100 per cent of their costs. 

A full list of eligible business types will be made available when applications for the program open later this month.

Effective January 1, 2022, the government is providing up to $7.5 billion for a six-month interest- and penalty-free period for Ontario businesses to make payments for most provincially administered taxes.

The government is also exploring options for providing further targeted and necessary supports for businesses and workers impacted by the province’s move into a modified Step Two of the Roadmap to Reopen, including grants.

I hope you find this information helpful.

Please contact me for assistance working through your staffing matters.

Ontario updated guidance for testing, isolation, school and attendance

December 31, 2021

Ontario’s Chief Medical Officer of Health has announced updates and revisions to a variety of COVID-19 guidelines and measures. The changes affect testing and isolation guidelines, attendance capacities for public events, school opening dates and fourth vaccinations for certain citizens at risk.

Below is a brief summary of the key points followed by a link to the full government announcement.

Testing and Isolation
Effective December 31, members of the general public with mild symptoms are asked not to seek testing. 

In addition, most individuals with a positive result from a rapid antigen test will no longer be required or encouraged to get a confirmatory PCR or rapid molecular test.

The publicly-funded PCR testing will be available only for high-risk individuals who are symptomatic and/or are at risk of severe illness from COVID-19, including for the purposes of confirming a COVID-19 diagnosis to begin treatment, and workers and residents in the highest risk settings, as well as vulnerable populations. A full list of eligible individuals can be found here.

Isolation periods
Individuals with COVID-19 who are vaccinated, as well as children under 12, will be required to isolate for five days following the onset of symptoms. Their household contacts are also required to isolate with them. 

These individuals can end isolation after five days if their symptoms are improved for at least 24 hours and all public health and safety measures, such as masking and physical distancing, are followed. Non-household contacts are required to self-monitor for ten days.

Unvaccinated, partially vaccinated or immunocompromised individuals will be required to isolate for 10 days. 

Individuals who work or live in high-risk health care settings are recommended to return to work after 10 days from their last exposure or symptom onset or from their date of diagnosis. 

However, to ensure sufficient staffing levels, these workers will have the opportunity to return to work after isolating for seven days with negative PCR or rapid antigen test results, which will be provided by the province through the health care setting.

Attendance capacities for public events
Effective 12:01 a.m. on Friday, December 31, 2021, Ontario is restricting spectator capacity to 50 per cent of the usual seating capacity or 1,000 people, whichever is less, in the indoor areas of the following settings:

  • Spectator areas of facilities used for sports and recreational fitness activities (e.g., sporting events);
  • Concert venues; and
  • Theatres.
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School openings
Students are set to return to schools on January 5, 2022 for school boards previously scheduled to return on January 3 to provide schools additional time to prepare for the public health measures announced today.

Fourth vaccination doses for certain citizens at risk
Effective immediately the province will be making fourth doses of mRNA vaccines available to residents of long-term care homes, retirement homes, Elder Care Lodges and other congregate care settings if at least three months, or 84 days, have passed since their third dose. I hope you find this information helpful and offer my best wishes for health and prosperity in the new year.

Please contact me for assistance working through your staffing matters.

New and/or expanded support programs announced by governments of Ontario and Canada

December 22, 2021

With the rapid rise in COVID-19 infections over the past week and subsequent measures restricting business operations, the government of Ontario and Canada have both announced programs to provide new and/or expanded support to effected businesses and workers.

The Ontario government is introducing a new Ontario Business Costs Rebate Program as well as a six-month interest-and-penalty-free period to make payments for most provincially administered taxes.

The federal government is temporarily expanding eligibility for two programs – the Local Lockdown Program for employers and Canada Worker Lockdown Benefit for employees, both of which were included in Bill C-2, passed last Thursday, December 16, 2021.

I have provided you with brief summaries of all the measures and programs followed by links to the full announcements.

Ontario
The new Ontario Business Costs Rebate Program will provide rebate payments to eligible businesses equivalent to 50 per cent of the property tax and energy costs they incur while subject to the current capacity limits. 

Examples of businesses that will be eligible include restaurants, smaller retail stores and gyms. A full list of eligible business types will be made available through a program guide in mid-January 2022.

The province is also providing a six-month interest-and-penalty-free period for businesses to make payments for most provincially administered taxes. The six-month period will begin January 1, 2022 and end July 1, 2022.

Taxes in the program include:

  • Employer Health Tax
  • Beer, Wine & Spirits Taxes
  • Tobacco Tax
  • Insurance Premium Tax
  • Fuel Tax
  • International Fuel Tax Agreement
  • Gas Tax
  • Retail Sales Tax on Insurance Contracts & Benefit Plans
  • Mining Tax
  • Race Tracks Tax
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Canada
Local Lockdown Program
For employers, the temporary expansion of the Local Lockdown Program, means a business can now qualify if:

  • one or more of its locations is subject to a public health order that has the effect of reducing the entity’s capacity at the location by 50 per cent or more, and
  • activities restricted by the public health order accounted for at least 50 per cent of the entity’s total qualifying revenues during the prior reference period.

The government also intends to temporarily lower the current-month revenue loss threshold from 40 per cent to 25 per cent.  Employers would continue to need to demonstrate current-month losses only, without the requirement for a historical 12-month revenue decline.

Canada Worker Lockdown Benefit
For employees, Bill C-2 included a new Canada Worker Lockdown Benefit to provide income support when employment is interrupted by a government-imposed public health lockdown order.

The federal government intends to temporarily expand the definition of a lockdown order to also include provincial and territorial orders involving capacity restrictions of 50 per cent or more – from December 19, 2021 to February 12, 2022. 

The minimum number of days a lockdown order needs to be in place to meet the new definition would be reduced to 7 consecutive days, down from 14 consecutive days.

After February 12, the definition will revert to the original definition as set out in Bill C-2.

I hope you find this information helpful and that you, your fellow workers and employees, families and loved ones follow the measures advised by our public health authorities and stay safe and healthy during the holiday period and the weeks ahead.

Please contact me for assistance working through your staffing matters.

Bill C-2 passes with targeted COVID-19 programs and benefits

December 20, 2021

I have previously advised you of Bill C-2, the federal govenrment legislation introduced on November 24 that included various measures to extend some COVID-19 related programs and introduce other measures and benefits in order to address the ongoing impact of the pandemic on targeted sectors, employers and workers.

The Bill was passed on Thursday, December 16 and includes the following programs that may have an impact on your business and/or employees.

Extension of existing programs

New programs

I hope you find this information helpful. Please contact me with any questions you may have or for assistance working through your employment and labour law matters.