Category Archives: News

Items of interest from the Ontario Ministry of Labour, Training and Skills Development and other government agencies

October 20, 2021

The Ministry of Labour periodically sends out a newsletter that contains a variety of information for employers. I have provided the newsletter in this email as well as information from other Ministries and agencies regarding the new online Business Registry as well as mobile vaccine clinics on GO transit routes.

Ministry of Labour, Training and Skills Development October newsletter

This edition of the newsletter contains three items in particular that may be of interest to you:

  • COVID-19 webinars: Information for employers & workers about ESA and OHSA
    • NOTE: The webinar is scheduled for Thursday October 21.
    • It will cover employer obligations and employee rights under the Employment Standards Act and the Occupational Health and Safety Act as they relate to COVID-19.
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  • Launch of Workplace Safety Builder Tool
    • This tool can help you to think through some of the COVID-19 risks in your workplace and choose actions available to make your workplace safer.
  • Extension of the COVID-19 Period to January 1, 2022
    • As I have previously advised, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the “COVID-19 period.” This regulation has been amended to extend the COVID-19 period to January 1, 2022.

New Business Registry
The new Business Registry which I advised of on September 29 has now been launched. The Registry provides business owners and not-for-profit operators with direct access to government services, available online 24 hours a day, 365 days a year. 

GO-VAXX mobile vaccine clinics
If you are encouraging your employees to get vaccinated, information about this program may be beneficial. Two GO buses have been converted to serve as mobile vaccine clinics which offer both first and second doses of the Pfizer vaccine. The buses are heated and fully accessible, no appointment is necessary and the schedule is updated weekly.

I hope you find this information helpful.

Click here »» to access the full newsletter

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

Ontario to require licences for temporary help agencies and recruiters

October 18, 2021

The government of Ontario has announced that it will be introducing legislation requiring temporary help agencies (THAs) and recruiters to be licensed.

Under the proposed changes:

  • ESA Officers could levy penalties against an unlicensed THA or recruiter or a business who is using an unlicensed operator
  • Penalties could be issued against unlicensed agencies and recruiters as well as the companies who use them, with proactive inspection measures to ensure compliance with applicable requirements.
  • Those who use deceitful recruiters could be required to repay workers for illegal fees charged.
  • THAs and recruiters would be vetted before being issued a licence to operate.
  • Applicants would need to provide an irrevocable letter of credit, that could be used to repay owed wages to workers.
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If the legislation is passed, the government intends to require licences as early as 2024.

Click here to »» read the full government News Release

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.

Ontario QR code vaccine certificate and verification app now available

October 15, 2021

The government of Ontario has announced that the enhanced vaccine certificate with QR code as well as the verification app for use by businesses are both available today, October 15. 

Enhanced vaccine certificate
The enhanced vaccine certificates will be available for download from the government’s COVID-19 vaccination portal and will be available in cohorts for the first three days in anticipation of high traffic and demand.

The cohorts are based on birth month:

  • October 15, 12:00 a.m. to 11:59 p.m.: All individuals born between January and April
  • October 16, 12:00 a.m. to 11:59 p.m.: All individuals born between May and August
  • October 17, 12:00 a.m. to 11:59 p.m.: All individuals born between September to December
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Starting Monday, October 18 at 6:00 a.m., the portal will open for any individual to download their enhanced vaccine certificate, regardless of their birth month.

Individuals can also call the Provincial Vaccine Contact Centre at 1-833-943-3900 to have their enhanced vaccine certificate emailed or mailed to them.

People can save the electronic .pdf version of their vaccine certificate including QR code to their phone or can print a paper copy to be carried with them.

Verification app 
The Verify Ontario app,  which will be used by businesses to quickly and easily confirm if a person is fully vaccinated against COVID-19, is now available for free download from the Apple App and Google Play stores. 

The app will read both electronic and paper versions of the enhanced vaccine certificates and businesses must accept whichever is presented by the certificate holder. 

In all cases, Ontarians will need to show a piece of identification with their name and date of birth along with their proof of vaccination. The Verify Ontario app does not store personal information and only shows the business the minimum amount of information necessary to confirm vaccination.

Click here to »» Read the full government News Release

LINKS
COVID-19 Vaccination portal: https://covid19.ontariohealth.ca/
Download the Verify Ontario app: https://covid-19.ontario.ca/verify

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.

WSIB cutting premium rates in 2022.

October 7, 2021

Ontario’s Workplace Safety and Insurance Board (WSIB) has announced that is cutting premium rates in 2022, resuming the rate-setting model that had been delayed in response to the impact on businesses of the COVID-19 pandemic.

The average premium rate for businesses will be reduced by 5.1 per cent for 2022, representing a premium decrease from a Schedule 1 average rate of $1.37 on every $100 of insurable payroll in 2020 and 2021, to an average of $1.30 in 2022.

Businesses eligible for a reduction will continue to see decreases to their premium rate and businesses with projected increases due to their individual and/or class risk and experience will now move up to a maximum of one risk band, which is approximately five per cent, towards their projected rate.

The changes will be introduced in a transition process. Any projected increases due to your individual and/or class risk and experience will be applied as follows:

  • In 2022, businesses with a projected premium rate increase will move up a maximum of one risk band (approximately five per cent) from their 2021 rate
  • In 2023, businesses with a projected premium rate increase will move up a maximum of two risk bands (approximately 10 per cent) from their 2022 rate
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Starting in 2024, policies for premium rate setting under the new model will be fully in effect. Businesses with projected premium rate increases or decreases will see their rates move up or down a maximum of three risk bands (approximately 15 per cent per year), until they reach their projected premium rate. NOTE: The transition approach does not apply to temporary employment agencies or non-profit organizations. 

The maximum insurable earnings ceiling for 2022 is $100,422, compared to $97,308 in 2021. Changes to the maximum insurable earnings ceiling are based on amendments made to the Workplace Safety and Insurance Act in 2021, which gave the Ontario government regulation-making authority to set the maximum insurable earnings ceiling for 2022.

Full details, including information on reading your 2022 statement and a chart of 2022 Class Rates, can be found on the WSIB website page: 2022 premium rates

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.

Ontario Throne Speech analysis from Sussex Strategy Group

October 5, 2021

A few weeks ago I shared an analysis of the federal election with you from one of my clients, Sussex Strategy Group. I hope that you found their perspective informative and insightful.

Yesterday the Premier of Ontario delivered the Throne Speech for the new legislative session and I am pleased that Sussex Executive Chairman Paul Pellegrini has kindly allowed me to share his company’s analysis of the Speech and what the upcoming months may hold in terms of governance and legislation.

I will keep you informed of any employment or labour law developments. As always, please contact me with any employment questions you may have or for assistance working through your staffing matters.

Ontario Legislature Returns With Speech From The Throne

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After a longer than originally scheduled summer recess, the Ontario Legislature officially returned this morning, opening the second session of the 42nd Parliament with a Speech From The Throne. The Speech, delivered by Lieutenant Governor Elizabeth Dowdeswell, provided a glimpse of the Ford government’s priorities in this legislative session that will lead up to the June 2022 election. Supporting and protecting Ontarians through these next stages of the pandemic remains the government’s focus, with recovery through strong economic growth standing as an accompanying priority.

The Path to the Throne Speech

Somewhat under the radar, early in September, the PC government prorogued the Legislature, electing to delay its return until after the outcome of the federal election was known. Procedurally, proroguing the Legislature completes the legislative session that was underway, meaning that all legislation on the Order Paper or before a Standing Committee for Review is terminated. Similarly, matters referred to Standing Committees (for example, the statutory review of the Lobbyists Registration Act) are wiped clean – these will need to be referred again if a review is to take place.

During the previous legislative session, the government passed 94 bills including 29 Private Members’ Bills brought forward by both government and opposition MPPs. Only one government bill (Bill 306, York Region Wastewater Act, 2021) had yet to come into effect when the prorogation occurred. Bill 306 had just passed first reading when the Legislature was prorogued; the bill is expected to be re-introduced by the government early in the new session. Some 200 Private Members’ Bills also died on the Order Paper.

It is becoming more common for a government to prorogue and refocus. Following the Cabinet shuffle that took place this past spring, it is arguably an opportune time for Premier Ford’s government to reset their priorities ahead of the upcoming provincial election on June 2, 2022.

Click »» Here to download the full Sussex Strategy Analysis

New online business registry, Ontario not-for-profit corporations regulations

September 29, 2021

The government of Ontario is launching a new service and new legislation on October 19. The Ontario Business Registry will be of interest to all employers and businesses in the province and the Not-for-Profit Corporations Act, 2010 concerns not-for-profit corporations, sometimes referred to as non-share capital corporations.

Ontario Business Registry
The new Ontario Business Registry updates a variety of current technologies and services and will enable all businesses, including not-for-profit corporations, to access government services and complete transactions online 24/7. The registry will be the primary method for submitting filings and will eliminate the need to visit ServiceOntario in person.

Many of the filings that can be done through the registry were previously submitted by mail or fax, taking four to six weeks to complete. With the online service users will receive automatic email notices with electronic attachments instead of paper documents.

You can find out more on this government of Ontario web page and sign up to receive emails with the information needed to access the services when it comes into operation on October 19.

Ontario not-for-profit corporations
Along with the launch of the Ontario Business Registry, the Not-for-Profit Corporations Act, 2010 (ONCA) will come into force on October 19. 

The ONCA received Royal Assent in 2010 but its implementation has been delayed numerous times. It will largely replace the Ontario Corporations Act (OCA) and will automatically apply to most not-for-profit corporations incorporated in Ontario, except for some incorporated under special or private acts.

In large part, the ONCA aligns Ontario’s not-for-profit corporate statute with the federal Canada Not-for-profit Corporations Act enacted in 2012, however it does introduce various changes to governance requirements and processes.

The new Ontario Act does not apply to not-for-profits operating in the province if they are incorporated (or continued) federally under the Canada Not-for-profit Corporations Act

Three year window
Existing Ontario not-for-profit corporations will have a three year window to bring their processes and governing documents into compliance with the ONCA.

As a first step, not-for-profit corporations should sign up with the new Ontario Business Registry before October 19.

  • The Ministry has indicated that not-for-profit corporations with an annual filing deadline between May 15, 2021 and October 19, 2021 are exempt from the annual return filing requirement until the launch of the Registry.
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During the three year transition window, it is suggested that not-for-profit corporations complete a full review of Letters Patent and By-Laws to determine to what extent they conflict with provisions of the ONCA, as it is almost inevitable that every OCA not-for-profit corporation will have certain elements inconsistent with the new Act.

Failure to update governing documents by the end of the three-year period will result in non-compliance with the ONCA to the extent the Letters Patent and By-laws are inconsistent with the ONCA.

The Rules for not-for-profit and charitable corporations page on the government of Ontario website is a resource for updates on ONCA’s effective date and to make sure your organization has all of the latest tools it needs for a smooth transition.

As part of the review, you should determine whether your corporation is or may become a “public benefit corporation” and the implications of this for governance. A PBC is any charitable corporation or a non-charitable corporation that receives more than $10,000 in a financial year through grants or gifts from non-members, officers and/or directors of the corporation.

The introduction of the ONCA may also provide an opportunity to perform a holistic review of your Letters Patent and By-laws to determine if they reflect the reality of your organization or where you’d like it to be.

More details about the ONCA can be found on the government of Ontario’s Guide to the Not-for-Profit Corporations Act, 2010

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

Online tool to help build mandatory safety plan

September 28, 2021

The Ontario Ministry of Labour, Training and Skills Development is launching an interactive Workplace Safety Plan Builder to help businesses create their mandatory written safety plan.

It is also adding 100 new health and safety inspectors who will be working with other provincial offences officers to visit construction, industrial and health care workplaces. The goal is to ensure that businesses are following COVID-19 safety requirements and to help educate workers and management about the new vaccine certificate. 

Under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, all businesses that are open must have a written safety plan that describes the actions they are taking to reduce the risk of COVID-19 transmission in their workplace. The plan must be shared with anyone who asks to see it and posted in a place where it will be seen easily.

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The Workplace Safety Plan Builder is free and leads employers through the process of creating their customized online safety plan. Employers who sign up for updates can keep their plan current by being notified when regulations and guidance information is changed.

The full text of the Ministry announcement can be found on the government of Ontario website.

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

Ontario capacity limits increased.

September 28, 2021

As you may be aware, on Friday the government of Ontario announced that is it easing and increasing capacity limits on a variety of venues and settings.

I have provided a brief summary and the full text of the announcement below can be read on the government of Ontario website.

Effective September 25, 2021, at 12:01 a.m., capacity limits for these indoor events will be increased to up to 50 per cent capacity or 10,000 people (whichever is less):

  • Meeting and event spaces, such as banquet halls and conference/convention centres; 
  • sporting events; 
  • concerts, theatres and cinemas; 
  • racing venues (e.g., horse racing); 
  • and commercial and film television productions with studio audiences
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For certain outdoor event venues where patrons stand, capacity limits will increase to up to 75 per cent capacity or 15,000 people (whichever is less). 

For certain outdoor event venues where patrons are seated, capacity limits will be increased to up to 75 per cent capacity or 30,000 people (whichever is less). 

Proof of vaccination
Proof of vaccination will be required at all of the indoor events listed above and in outdoor settings where the normal maximum capacity is 20,000 people or more.

Proof of vaccination receipts can be downloaded and vaccinations can be booked through this Ministry of Health web page:
https://covid-19.ontario.ca/proof-covid-19-vaccination
or through the Provincial Vaccine Booking Line at 1-833-943-3900.

In the announcement, Dr. Kieran Moore, Chief Medical Officer of Health, thanks Ontarians for getting vaccinated and adhering to public health measurements, but points out that “we must all remain vigilant and continue following the measures and advice in place”.

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

Federal election analysis from Sussex Strategy Group

September 24, 2021

Sussex Strategy is one of my clients, an experienced and highly respected government relations firm offering strategic and consulting services in municipal, provincial and federal affairs. 

When significant political events take place, such as provincial and federal budgets, throne speeches and this week’s election,  I find their reports and analyses informative and insightful.

Sussex Executive Chairman Paul Pellegrini has kindly allowed me to share their analysis of the September 20 election with you, and I hope you also find it a valuable perspective.

As always, please contact me with any employment questions you may have or for assistance working through your staffing matters.

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Sussex Strategy Analysis – Liberals Retain Power with Minority Government

The ballots are counted and the results are largely in: Prime Minister Justin Trudeau has retained power. His Liberal Party will form the next federal government. Trudeau did not emerge unscathed, losing three Cabinet ministers and falling 12 seats short of the majority mandate he sought.

As he did in the 43rd Parliament, Trudeau will need support from other parties, especially the NDP and the Bloc, if he is to move his legislative agenda forward during this, his third mandate. In the memo linked below, Sussex Strategy Group’s Federal Practice unpacks the results and provides initial thoughts on what they mean for the days and weeks ahead, both in terms of style and substance.

Click here to »» download the full Sussex Strategy analysis

Vaccinations: Clarifications on medical exemptions and duty to accommodate

September 23, 2021

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. 

Click here »» to download a .pdf of the complete list of exemptions.

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”

Click here »» to read the full statement on the OHRC website. 

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.