July 27, 2020

Last week the government of Ontario, in cooperation with the opposition parties and independent Members, agreed to safe, limited sittings of the Legislative Assembly to allow for the passage of two pieces of legislation and move to adjournment of the Assembly until September 14, 2020.

I have provided summaries for you below, as well as the government’s full News Releases.

More regions move to Stage 3 of reopening

Beginning Friday, July 24, all but three (3) Ontario public health regions are permitted to move to Stage 3 of the province’s  Framework for Reopening.
Details of Stage 3 can be downloaded (.pdf) from the Ontario website: Framework for Reopening our Province: Stage 3 

The decisions on when a region is safe to move to Stage 3 is made in consultation with the Chief Medical Officer of Health and is based on local trends such as rate of COVID-19 transmission, ongoing hospital capacity, capacity to conduct rapid case and contact management, and a significant increase in testing.

The three regions remaining in Stage 2 are:

• Peel Public Health
• Toronto Public Health
• Windsor-Essex County Health Unit

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Public Health officials will continue to assess trends in these regions to determine when each can progress to Stage 3.

Bill 195, Bill 197 

Two Bills were passed and Royal Assent received on July 21, 2020: 


• Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, and
• Bill 197, COVID-19 Economic Recovery Act, 2020

Bill 195 came into force on July 24, 2020 to coincide with the termination of the declared provincial emergency. It ensures that measures remain in place to address the threat of COVID-19 once the provincial declaration of emergency has ended. 

Bill 197 is a wide ranging bill that largely makes amendments to other bills, including the Occupational Health and Safety Act.

Regarding Schedule 13 of Bill 197, ‘Occupational Health and Safety Act’  the Explanatory Note from the Legislative Assembly of Ontario advises:

Currently, subsection 70 (2) of the Occupational Health and Safety Act includes the authority to make regulations that adopt by reference certain codes, standards, criteria and guides. An amendment is made to provide that the power to adopt codes, standards, criteria and guides includes the power to adopt them as they may be amended from time to time.

It is unclear at this time what specific codes, standards, criteria and guides may be subject to the Bill. I will keep you informed as more information becomes available.

July 20, 2020

As I advised last week, it has been announced that the Canadian Emergency Wage Subsidy (CEWS) program will be extended to cover the period up to November 21, 2020, with the intent to provide further support until December 19, 2020. 

The government has shared draft legislative proposals that revise aspects of the CEWS and also provide some flexibility to ensure the wage subsidy can adjust to the needs of businesses if economic conditions change.

Finance Minister Bill Morneau announced details of the extension on Friday, July 17. He also detailed the revisions designed to provide assistance to a wider variety of businesses and organizations in more business sectors and address the evolving impact of the COVID-19 pandemic.

In the proposed changes, CEWS will incorporate a rate structure that adapts with the monthly circumstances and situation of the businesses applying for assistance.

The details of the changes are too extensive for me to cover in this client update email, but I have provided a summary for you below. Full information can be found on the Government of Canada Website: Adapting the Canada Emergency Wage Subsidy to Protect Jobs and Promote Growth.

Background

The CEWS program was initially introduced at the onset of the pandemic in Canada, providing a 75-per-cent wage subsidy to eligible employers to cover the 12-week period from March 15 to June 6, 2020.

The 12 weeks were broken into 4 week eligibility periods, with similar, but slightly different, qualifying criteria for each.

On May 15, 2020 the Government announced that it would extend the CEWS by an additional 12 weeks to August 29, 2020. 

It also announced that it would hold public consultations with businesses and other stakeholders to understand if the CEWS was addressing the changing business environment and challenges as provincial and territorial economies began to reopen. 

On June 10 the government announced that the same eligibility criteria for the initial three 4-week periods (March 15 to June 6, 2020) would continue to apply for the period June 7 to July 4, 2020.

Public Input
The proposed revisions to the CEWS are intended to address the concerns and issues raised during the public consultation. These included:

1. a concern from employers that the current 12-week extension until August 29 may not be enough to help businesses that continue to struggle given the uneven impacts across economic sectors
2. a desire that the 30% threshold be lowered each month to allow businesses to increase their sales and still be eligible for CEWS
   • some employers also find the current 30% revenue decline test too stringent. They argue that businesses experiencing revenue drops of less than this amount may still be heavily affected by the pandemic
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3. recognition among employers of a need to provide additional support for those that were particularly adversely impacted, such as food service

New Structure

Effective July 5, 2020, the CEWS would consist of two parts:

1. a base subsidy available to all eligible employers that are experiencing a decline in revenues, with the subsidy amount varying depending on the scale of revenue decline
   • This base CEWS would be a specified rate, applied to the amount of remuneration paid to the employee for the eligibility period, on remuneration of up to $1,129 per week. 
2. a top-up subsidy of up to an additional 25 per cent for those employers that have been most adversely affected by the COVID-19 crisis.
   • Generally, an eligible employer’s top-up CEWS would be determined based on the revenue drop experienced when comparing revenues in the preceding 3 months to the same months in the prior year.

The two-part CEWS would apply with respect to the remuneration of active employees. 

A separate CEWS rate structure would apply to furloughed employees.

In addition, a safe harbour would be available to ensure that, through August 29, employers would have access to a CEWS rate that is at least as generous as they would have had under the initial CEWS structure.

The Government of Canada web page Adapting the Canada Emergency Wage Subsidy to Protect Jobs and Promote Growth has full charts and tables outlining details of the proposed CEWS revisions which you can reference to assess how the program would apply to your specific situation.

July 16, 2020

Both the federal government and Ontario provincial government have announced extensions of measures each introduced in response to the COVID-19 pandemic.

I have provided top line information for you as well as the complete News Release from the Government of Ontario which contains links to elements of the Emergency Orders that may be pertinent to your organization.

Federal: CEWS Extension 

The Canada Emergency Wage Subsidy (CEWS) was passed into law on April 11 to assist companies whose revenues declined by more than 30% during the period from mid-March to the end of May. On May 11 it was expanded through to August 29, 2020 to also help mitigate revenue decline during the month of June. 

This past Monday, July 13,  Prime Minister Trudeau said during a press conference “This week, we’ll be announcing an extension to the wage subsidy program until December to give greater certainty and support to businesses as we restart the economy. We’ve also been working very hard, the Deputy Prime Minister Freeland and I, on the safe restart program with the provinces, and we will have an update on that later this week.“

At this time there has not been an official update. I will keep you informed when details are released.

---

Provincial: Extension of Emergency Orders 

The extension of the Emergency Orders in Ontario is periodically required so that the Orders are in compliance with the Emergency Management and Civil Protection Act (EMCPA). 

The extension does not affect the information I advised you of earlier this week regarding Stage 3 reopening in many Ontario Public Health Units.

In announcing today’s extension, the government said:

Keeping the emergency orders in place provides the government with the necessary flexibility to ensure the protection of vulnerable populations, such as seniors, while continuing to implement its Framework for Reopening the Province with many regions entering Stage 3 on Friday. 

The full text is below.

News Release

Ontario Extends Emergency Orders 

July 16, 2020

Extensions Protect Health and Safety as Economy Gradually Reopens

TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, has extended most emergency orders currently in force under s.7.0.2 (4) of the Emergency Management and Civil Protection Act (EMCPA) until July 29, 2020. Keeping the emergency orders in place provides the government with the necessary flexibility to ensure the protection of vulnerable populations, such as seniors, while continuing to implement its Framework for Reopening the Province with many regions entering Stage 3 on Friday.  “Although the trends in public health indicators continue to improve, we must remain on our guard and only relax emergency orders if and when safe to do so,” said Premier Doug Ford. “By following our gradual plan to reopen the province, we are seeing people get back to work and resume many activities safely. We do not want to undo the tremendous progress we have made together, so I urge everyone to stay the course and follow public health advice.” On July 7, 2020, the Government of Ontario introduced the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 that would, if passed, ensure important measures remain in place to address the threat of COVID-19 once the provincial Declaration of Emergency has ended. The extension of these emergency orders under the EMCPA would allow orders that remain essential to be continued under the proposed legislation, if pas sed. The government continues to review emergency orders currently in place to determine when and if they can be safely eased or lifted. The following orders under s.7.0.2 (4) of the EMCPA are extended until July 29, 2020:

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• Work Redeployment for Certain Health Service Providers
• Drinking Water Systems and Sewage Works
• Electronic ServiceWork Deployment Measures in Long-Term Care Homes
• Electricity Price for RPP ConsumersRules for Areas in Stage 1
• Traffic Management
• Streamlining Requirements for Long-Term Care Homes
• Prohibition on Certain Persons Charging Unconscionable Prices for Sales of Necessary Goods
• Enforcement of Orders
• Work Deployment Measures for Boards of Health
• Work Deployment Measures in Retirement Homes
• Service Agencies Providing Services and Supports to Adults with Developmental Disabilities and Service Providers Providing Intervenor Services
• Pickup and Delivery of Cannabis
• Signatures in Wills and Powers of Attorney
• Use of Force and Firearms in Policing Services
• Agreements Between Health Service Providers and Retirement Homes
• Temporary Health or Residential Facilities
• Work Deployment Measures for Service Agencies Providing Violence Against Women
• Residential Services and Crisis Line Services
• Limiting Work to a Single Long-Term Care Home
• Work Deployment Measures for District Social Services Administration Boards
• Deployment of Employees of Service Provider Organizations
• Work Deployment Measures for Municipalities
• Limiting Work to a Single Retirement Home
• Work Deployment Measures for Mental Health and Addictions Agencies
• Congregate Care Settings
• Access to Personal Health Information by Means of the Electronic Health Record
• Certain Persons Enabled to Issue Medical Certificates of Death
• Hospital Credentialing Processes
• Education Sector
• Management of Long-Term Care Homes in Outbreak
• Management of Retirement Homes in Outbreak
• Special Rules Re: Temporary Pandemic Pay
• Rules for Areas in Stage 2Patios

QUICK FACTSThe Government of Ontario declared a provincial emergency on March 17, 2020 under the EMCPA. The declaration of emergency is currently in effect until July 24, 2020.On July 13, the government announced that more businesses and public spaces can reopenstarting on July 17, 2020 as Stage 3 gets rolled out in many regions of the province.In addition to extending orders, the government is making technical amendments as needed to certain orders. A full list of emergency orders can be found on the e-Laws website under the EMCPA and at Ontario.ca/alert.

ADDITIONAL RESOURCESLearn more about A Framework for Reopening our Province. See how your organization can help fight COVID-19. Information and advice to help your business navigate the economy during COVID-19.Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

July 13, 2020

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The Government of Ontario today announced that businesses and organizations in 24 Public Health regions will be permitted to move to Stage 3 of the province’s reopening framework beginning Friday, July 17.

Some of the important highlights are noted below. The full announcement can be sourced on the government of Ontario website: Nearly All Businesses and Public Spaces to Reopen in Stage 3

Highlights: Events and Gatherings

Limits on public gatherings will be relaxed to allow gatherings of 50 people indoors and 100 people outdoors.A two metre distance must still be maintained at such events.Public gathering limits apply to indoor and outdoor events, such as community events or gatherings, concerts, live shows, festivals, conferences, sports and recreational fitness activities, fundraisers, fairs, festivals or open houses. Child Care
Beginning July 27, 2020, child care centres will be permitted to operate with cohorts of 15 children, which is an increase from the current cohort cap of 10.  

Personal Protective Equipment (PPE) Supplies
A  Workplace PPE Supplier Directory is available to provide businesses with information on personal protective equipment suppliers so they can keep their employees, customers and clients safe as they resume their operations.

Places and Activities NOT yet safe to open
The following, high-risk places and activities are NOT yet safe to open, even if a region has entered Stage 3: Amusement parks and water parks;Buffet-style food services;Dancing at restaurants and bars, other than by performers hired by the establishment following specific requirements;Overnight stays at camps for children;Private karaoke rooms;Prolonged or deliberate contact while playing sports;Saunas, steam rooms, bath houses and oxygen bars;Table games at casinos and gaming establishments.

Public Health Units NOT yet safe to move to Stage 3
The following Public Health regions will remain in Stage 2 of the reopening framework and will continue to be evaluated to establish a date for safe transition to Stage 3:

• Durham Region Health Department
• Haldimand-Norfolk Health Unit
• Halton Region Health Department
• Hamilton Public Health Services
• Lambton Health Unit
• Niagara Region Public Health Department
• Peel Public Health
• Toronto Public Health
• Windsor-Essex County Health UnitYork Region Public Health Services