The government of Ontario announced that it is extending regulatory changes to the Employment Standards Act that were originally brought forward to address the impact of the COVID pandemic.
The changes, previously set to expire January 2, 2021, have been extended to July 3, 2021. They effect all non-union employees and unionized employees in hospitality and other hard-hit industries.
Non-union employees Employers can put non-unionized employees on job-protected leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by the employer due to the pandemic
This measure is intended to provide relief to employers while preventing temporary layoffs from becoming permanent.
Union employees in hospitality and other hard-hit industries
The government is creating a special industry regulation allowing employers to negotiate alternative arrangements with unions for putting termination and severance pay into trust for laid-off employees.
Employers with laid-off unionized workers need to put all potential termination and severance payments in a trust after 35 weeks while employees wait to be recalled to their jobs.
For companies in effected industries, employers and unions have the option to use those funds to help keep business doors open.
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NOTE: The provision is only available if unions and employers both agree to create alternative arrangements. For instance, an employer and union could agree to only 50 per cent of termination and severance pay being put into trust. Employers will not be able to implement these changes unilaterally.
For your reference I have included the full News Release below.
I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and will continue to observe and practice the protocols and guidance provided by our Public Health officials, as difficult as it may be during the holiday season and coming weeks.
TORONTO – The Ontario government is taking action to protect jobs by helping businesses avoid costly payouts and potential closures and continues offering protection to workers that are laid off due to COVID-19. These measures are being adopted through the extension of regulatory amendments that were put in place at the outset of the pandemic and through the introduction of a new regulation.
“Business owners continue to face challenging times during this pandemic, with many struggling to keep their doors open. Having to come up with termination and severance pay at this time could drive many of them under,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “Our government will continue to provide businesses with the support they need until they can reopen and return to full operations. We want to ensure employees have jobs to return to when the economy rebounds from the COVID-19 economic crisis.
For employers with non-unionized employees, the government is extending regulatory changes brought forward under the Employment Standards Act to July 3, 2021.The regulation’s changes include putting non-unionized employees on job-protected leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by their employer due to the pandemic to prevent temporary layoffs from becoming permanent. Under the Act, temporary layoffs become terminations when they exceed the permitted period. Previously set to expire on January 2, 2021, the extension of this amendment ensures that workers remain employed while providing relief to employers.
To support the hospitality industry and other hard-hit industries, the government is creating a special industry regulation allowing employers to negotiate alternative arrangements with unions for putting termination and severance pay into trust for laid-off employees. Employers with laid-off unionized workers need to put all potential termination and severance payments in a trust after 35 weeks while employees wait to be recalled to their jobs.
Given the unique challenges that many employers in the tourism and hospitality industries are facing as a result of COVID-19, the government is providing employers and unions the option to use those funds to help keep business doors open. The provision is only available if unions and employers both agree to create alternative arrangements. For instance, an employer and union could agree to only 50 per cent of termination and severance pay being put into trust. Employers will not be able to implement these changes unilaterally.
“Allowing unions and employers in the hospitality, tourism and trade show industries to work together to develop a solution based approach during this crisis is critical to keep them open and allow them to fully recover,” said Lisa MacLeod, Minister of Heritage, Sport, Tourism and Culture Industries. “This initiative supports our government’s commitment laid out in the 2020 Ontario Budget to provide unprecedented support for people and jobs during this challenging time. These actions will help us lay the groundwork for a robust long-term economic recovery for the province.”
Learn about Ontario’s early years, education and training systems. Includes information on child care, elementary schools, secondary schools, colleges, universities, skills training and financial aid. Learn more
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The government of Ontario this week made four announcements that you should be aware of.
WSIB Premiums On Tuesday the government introduced the Workplace Safety and Insurance Amendment Act, 2020 that would, if passed, protect employers from an unexpected increase in WSIB premiums, while maintaining an increase to the maximum earnings cap for worker benefits.
Extension of Emergency Orders The most routine of the four announcements is that all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) will be extended to January 20, 2021.
As I have advised previously, this and other extensions are largely a matter of legislative ‘housekeeping’ in that the original Act requires periodic review and extension for certain COVID-19 related health and safety regulations to continue.
More regions moving to higher levels The government announced Friday that more regions will be moving to higher levels of regulations and restrictions.
The following public health regions will move from their current level in the framework to the following levels effective Monday, December 14, 2020 at 12:01 a.m.:
Grey-Lockdown
Windsor-Essex County Health Unit; and
York Region Public Health.
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Red-Control
Middlesex-London Health Unit;
Simcoe Muskoka District Health Unit; and
Wellington-Dufferin-Guelph Public Health.
Orange-Restrict
Eastern Ontario Health Unit.
Yellow-Protect
Leeds, Grenville and Lanark District Health Unit.
All other public health regions will remain at their current level. This page on the Ontario government website has the full list of public health region classifications: Ontario.ca/covidresponse Vaccine Distribution Strategy On Friday the government also outlined the strategy and general schedule for the provincial distribution of the COVID-19 vaccine. This will be a three-phase implementation plan to receive, store and administer COVID-19 vaccines.
This adds detail to the announcement on Thursday that the first shipments will be sent to the University Health Network in Toronto and Ottawa Hospital on Tuesday, December 15.
For your reference I have included the full announcements below.
I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and will continue to observe and practice the protocols and guidance provided by our Public Health officials, as difficult as it may be in the coming weeks.
TORONTO – The Ontario government introduced the Workplace Safety and Insurance Amendment Act, 2020 that would, if passed, protect employers from an unexpected increase in Workplace Safety and Insurance Board (WSIB) premiums, while maintaining an increase to the maximum earnings cap for worker benefits.
The loss of jobs among lower wage workers, including those in the retail, hospitality and the service sector, during the COVID-19 pandemic has resulted in an increase in the average industrial wage (AIG) of Ontario workers by 7.8 per cent, compared to an average increase of 2-3 per cent. The proposed amendment would limit the impact the increase the AIG has on WSIB premiums to 2 per cent, making sure struggling business owners aren’t subject to sudden undue costs during these challenging times.
Additionally, this new amendment will not impact the 7.8 per cent increase in the earning cap for workers, ensuring they will continue to be fairly compensated for work-related injuries and occupational diseases during the COVID-19 pandemic.
“Our government is protecting jobs during the COVID-19 pandemic by giving employers the support they need to get through this difficult time,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “Our proposed amendments will help businesses, while making sure that we continue to support workers who are injured on the job.”
The WSIB has frozen premium rates for Ontario employers for another year at the same levels paid in 2020.
The Workplace Safety and Insurance Board is Ontario’s workplace insurance provider and covers over five million people in more than 300,000 workplaces across Ontario.
The WSIB eliminated its unfunded liability charge in January 2020, leading to a $607 million reduction in costs to businesses.
Related Topics
Jobs and Employment
We’ve got the resource and supports to help connect job seekers with employers. Learn more
Law and Safety
Ontario’s laws and related information about our legal system, emergency services, the Ontario Provincial Police and victim services. Learn more
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, is extending all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) until January 20, 2021. This extension will support the safe delivery of health care and other critical services until COVID-19 vaccines are approved and widely available.
“Safeguarding the health and well-being of Ontarians remains our top priority at every stage of our COVID-19 response,” said Solicitor General Sylvia Jones. “As we prepare to implement a safe and effective immunization program, extending these orders will ensure tools remain in place to address urgent public health situations until all Ontarians can be vaccinated.”
Ontario continues to respond to the COVID-19 pandemic by taking the actions needed to support and keep Ontarians safe. Effective December 7, 2020, under the Keeping Ontario Safe and Open Framework, the government, in consultation with health officials, amended O.Reg. 363/20 (Stages of Reopening) to move three public health units to new levels. This action imposes stricter public health measures in an effort to reduce transmission in these regions and avoid broader closures.
The government also made amendments to O. Reg 82/20 (Rules for Areas in Stage 1) under the ROA, which applies to public health unit regions in the Stage 1 lockdown. These amendments, which came into force December 4, 2020, permit indoor farmer’s markets that primarily sell groceries, to be open. For post-secondary institutions, the amendments increase the limit on the number of persons permitted in an instructional space at any one time for in-person instruction or in-person exams from 10 to 50 people for certain programs critical to supporting the health care workforce as set out in the order.
The ROA requires the Premier to table a report on any amendments or extensions of any orders within 120 days after the first anniversary of the ROA coming into force.
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, is moving seven public health regions to new levels with stronger public health measures, including Windsor-Essex County Health Unit and York Region Public Health moving into Grey-Lockdown. These steps are being taken to stop the spread of COVID-19 in order to keep schools open in the regions where in-class learning is permitted, safeguard health system capacity, and protect the province’s most vulnerable populations. The regional levels and specific public health measures are set out in the Keeping Ontario Safe and Open Framework.
“Moving a region into Grey-Lockdown is not an easy decision, but it is one we needed to make in order to help stop the spread of the virus and safeguard the key services we rely on,” said Christine Elliott, Deputy Premier and Minister of Health. “As we enter the holiday season and as the province prepares to receive its first shipment of COVID-19 vaccines, it remains crucial for all Ontarians to continue adhering to public health advice and workplace safety measures to reduce the spread of the virus and keep each other safe.”
Based on the latest data, the following public health regions will move from their current level in the framework to the following levels effective Monday, December 14, 2020 at 12:01 a.m.:
Grey-Lockdown
Windsor-Essex County Health Unit; and
York Region Public Health.
Red-Control
Middlesex-London Health Unit;
Simcoe Muskoka District Health Unit; and
Wellington-Dufferin-Guelph Public Health.
Orange-Restrict
Eastern Ontario Health Unit.
Yellow-Protect
Leeds, Grenville and Lanark District Health Unit.
All other public health regions will remain at their current level. Please visit Ontario.ca/covidresponse for the full list of public health region classifications.
“Over the last week, public health indicators in the York and Windsor regions have continued to trend in the wrong direction and it is evident additional measures are needed to help limit the spread of the virus,” said Dr. David Williams, Chief Medical Officer of Health. “By making this difficult but necessary decision we can help to ensure that hospitals in these regions can work to provide patients with the care they need when they need it, including the performing of scheduled surgeries and other important procedures.”
For long-term care homes, visitor restrictions apply to those homes in the public health unit regions that are in the Orange-Restrict level or higher. In addition, long-term care homes must implement recently enhanced testing requirements.
Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a different level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The government and the Chief Medical Officer of Health will continue to consult regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.
Stay home if you have COVID-19 symptoms, even if they are mild;
Maintain two metres of physical distancing from anyone outside your household;
Avoid social gatherings and limit close contacts to your household or the people you live with;
Adhere to the restrictions in your region on public and private gatherings;
Wear a face covering indoors and wear one outdoors if physical distancing may not be maintained or if wearing one is required;
Wash your hands thoroughly and regularly;
Cover your cough;
Get tested if you have symptoms compatible with COVID-19, or if you’ve been advised of exposure by your local public health unit or through the COVID Alert mobile app;
Individuals and families from higher transmission regions should avoid travel to lower transmission regions, except for essential reasons; and
No matter where you live in the province, the safest way to spend the holidays this year is by only celebrating in person with the people you live with and celebrating virtually with everyone else. People who live alone may have exclusive close contact with one additional household to help prevent feelings of isolation and mitigate against negative mental health impacts.
The Ontario government is now providing $600 million in property tax and energy cost rebates to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support, Recover. To apply for this funding please visit Businesses: Get help with COVID-19 costs.
Learn how to celebrate the holidays safely with the people you live with by visiting Ontario.ca/celebratesafely.
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
To stay safe, you can download the COVID Alert App free from the Apple and Google Play app stores.
TORONTO — The Ontario government has developed a three-phase implementation plan to receive, store and administer COVID-19 vaccines to Ontarians as soon as they are received. Phase One will begin on Tuesday, December 15, 2020 with a pilot project in Toronto and Ottawa which will include the vaccination of over 2,500 health care workers with the Health Canada approved Pfizer-BioNTech vaccine.
Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Solicitor General Sylvia Jones and General Rick Hillier (retired), Chair of the COVID-19 Vaccine Distribution Task Force.
“We are ready to receive these vaccines as soon as they become available thanks to the excellent work of our health care officials and General Hillier and the COVID-19 Vaccine Distribution Task Force,” said Premier Ford. “We have one of the most robust and comprehensive plans in the country and I am confident that all the necessary security measures and the advanced logistics systems are in place. The progress we are making is a welcome sign, but we must continue to be vigilant and follow the public health guidelines until vaccines are widely available.”
As part of Phase One, Ontario will be participating in a COVID-19 vaccine readiness pilot in collaboration with the Public Health Agency of Canada and Pfizer-BioNTech. Two pilot sites at University Health Network in Toronto and The Ottawa Hospital will receive doses of the Pfizer vaccine to be administered to health care workers who are providing care in hospitals and long-term care homes.
This pilot will help inform the province’s preparedness plan to receive larger vaccine quantities as it moves forward in Phase One, providing the opportunity to test the logistics of delivery, reconstitution of the vaccine, clinic management, and post-vaccine surveillance. The pilot also affords the opportunity to learn from the experiences of those being immunized so lessons learned can be shared with sites that will receive the vaccine in the coming weeks and months.
The two locations were selected for the pilot because this will test the travel logistics in two different regions of the province. In addition, these sites already have the equipment necessary to safely store the Pfizer vaccine at -70 degrees and the trained staff to handle the vaccine. Since this vaccine cannot be transferred beyond the initial delivery location at this time, vaccinations will be administered to health care workers in high-risk areas such as long-term care and critical care units in the Toronto and Ottawa regions.
“Keeping everyone safe is our top priority and this vaccine is Health Canada approved and ready to be administered,” said Minister Elliott. “By vaccinating and protecting people who provide essential care in hospitals and long-term care homes, we will decrease the risk of COVID-19 outbreaks in these settings. Thank you to our frontline heroes, volunteers, and to all the researchers who made this vaccine possible. As we continue to receive more doses, we will ensure that every person who wants a vaccine will receive one.”
Phase One will continue with the following key milestones:
Based on per capita allocations, an expected 90,000 Pfizer-BioNTech doses received from the federal government will be delivered to up to 14 hospital sites in Grey-Lockdown and Red-Control zones in December, to vaccinate health care workers in hospitals, long-term care homes, retirement homes and other congregate settings caring for seniors.
Deliveries of an expected 35,000 to 85,000 doses of the Moderna vaccine, once approved, will enable vaccinations to be expanded to long-term care homes in the Grey-Lockdown areas.
In early 2021, expansion of additional hospital sites providing the Pfizer-BioNTech vaccine in Grey-Lockdown and Red-Control zones, with continued vaccination provided to health care workers and, with the appropriate safety protocols, to long-term care home and retirement home residents.
It is anticipated that by end of January over 20 hospitals across the province will be administering the Pfizer vaccine.
An expansion of the number of locations to administer the Moderna vaccine would include long-term care homes, retirement homes, public heath units, other congregate care settings for seniors, and remote Indigenous communities.
When an increased stockpile of vaccines becomes available to Ontario, the province will shift to Phase Two of its vaccination implementation plan, which is expected to begin later in the winter of 2021. During Phase Two, vaccinations will be administered to health care workers, as well as to residents in long-term care homes and retirement homes, to home care patients with chronic conditions and to additional First Nation communities and urban Indigenous populations, including Métis and Inuit individuals.
Ontario will enter Phase Three when vaccines are available for every Ontarian who wishes to be immunized. While vaccines will not be mandated, during Phase Three, people will be strongly encouraged to get vaccinated.
“The launch of Ontario’s three-phase vaccine implementation plan is a vital milestone in our ongoing work to keep Ontarians safe and overcome these unprecedented times,” said Solicitor General Jones. “This limited rollout in Toronto and Ottawa will allow us to test our process as we prepare for the increased availability of vaccines from the federal government.”
“In launching the vaccine distribution plan in three phases, we are able to test and refine the logistics involved to better ensure success in this massive undertaking,” said General Hillier. “The members of the COVID-19 Vaccine Distribution Task Force will closely monitor and assess the pilot project and provide recommendations for the next phases.”
As the province prepares to rollout its phased vaccination program and head into the holiday season, it remains critically important that all Ontarians continue following public health advice to protect our communities and most vulnerable populations, and to stop the spread of COVID-19.
Quick Facts
The province’s decision to identify key populations to receive the vaccine first is based on the advice of medical experts and ethicists, recommended by the Ministers’ COVID-19 Vaccine Distribution Task Force and aligned with the National Advisory Committee on Immunization’s recommendations.
On December 9, 2020, Health Canada authorized the first COVID-19 vaccine in Canada, manufactured by Pfizer-BioNTech. Health Canada authorized the vaccine after an independent and thorough scientific review for safety, effectiveness and quality. Health Canada will continue to monitor the safety and effectiveness of the vaccine.
The Ministers’ COVID-19 Vaccine Distribution Task Force is focusing on key areas such as delivery, logistics and administration, clinical guidance, and public education and outreach. The task force includes experts in public health and immunization, health and clinical domains, ethics, behavioural science, operations and logistics, federal-provincial and Indigenous relations, and information technology and data.
To help everyone stay safe, download the COVID Alert app. It is free to use and is available from the Apple and Google Play app stores. This app lets users know if they may have been exposed to the virus.
Following the federal government’s Fall Economic Statement of last week, Prime Minister Trudeau has announced that eligible businesses facing financial hardship as a result of the COVID-19 pandemic are able to access a second CEBA (Canada Emergency Business Account) loan of up to $20,000. This is available on top of the $40,000 from the initial CEBA program.
Half of this additional financing, up to $10,000, will be forgivable if the loan is repaid by December 31, 2022.
This effectively increases CEBA loans from the existing $40,000 to $60,000 for eligible businesses, of which a total of $20,000 will be forgiven if the balance of the loan is repaid on time.
The application deadline for CEBA has also been extended to March 31, 2021.
To apply, eligible businesses and not-for-profits need to contact the financial institution that provided their initial CEBA loan and provide the appropriate information and documentation.
Ontario: Three Public Health Units move to higher levels
On Friday, December 4, the Ontario government announced that these three public health regions will be moving to new levels of COVID measures.
Moving to Orange – Restrict
Middlesex-London Public Health Unit
Thunder Bay Public Health Unit
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Moving to Yellow – Protect:
Kawartha, Pine Ridge District Unit
All other public health regions will remain at their current level. This page on the Ontario government website has the full list of public health region classifications: COVID-19 Response framework
In announcing the change in levels, the government reiterated the recommendations that apply to all public health unit regions in the province:
Stay home if you have COVID-19 symptoms, even if they are mild;
Maintain two metres of physical distancing from everyone else;
Avoid social gatherings and limit close contacts to your household or the people you live with;
Adhere to the restrictions in your region on public and private gatherings;
Wear a face covering indoors and wear one outdoors if physical distancing may not be maintained or if wearing one is required;
Wash your hands thoroughly and regularly;
Cover your cough;
Get tested if you have symptoms compatible with COVID-19, or if you’ve been advised of exposure by your local public health unit or through the COVID Alert mobile app;
Individuals and families from higher transmission regions should avoid travel to lower transmission regions, except for essential reasons; and
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, is moving three public health regions to new levels with stronger public health measures as set out in the Keeping Ontario Safe and Open Framework. These steps are being taken to stop the spread of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province’s most vulnerable populations.
“Over the last seven days we have seen the trends in key public health indicators continue to go in the wrong direction in these three regions,” said Christine Elliott, Deputy Premier and Minister of Health. “By taking proactive action and moving these regions to a higher level in the framework, we are helping them to reduce transmission in the community and avoid broader closures. The health and well-being of Ontarians remains our top priority.”
Based on the latest data, the following public health regions will move from their current level in the framework to the following levels effective Monday, December 7, 2020 at 12:01 a.m.:
Orange-Restrict
Middlesex-London Health Unit; and
Thunder Bay District Health Unit.
Yellow-Protect
Haliburton, Kawartha, Pine Ridge District Health Unit.
All other public health regions will remain at their current level. Please visit Ontario.ca/covidresponse for the full list of public health region classifications.
For long-term care homes, visitor restrictions apply to those homes in the public health unit regions that are in the Orange-Restrict level or higher. In addition, long-term care homes must implement recently enhanced testing requirements.
Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a higher level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The Ministry of Health will continue to consult regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.
All Ontarians should avoid close contact with anyone not living in the same household. People who live alone may have exclusive close contact with one additional household to prevent feelings of isolation and mitigate against negative mental health impacts. Ontarians should also follow all required public health measures, and public health advice, as we approach the holiday season.
No matter where you live in the province, the safest way to spend the holidays this year is by only celebrating in person with the people you live with and celebrating virtually with everyone else. People who live alone may have exclusive close contact with one additional household.
“As we continue in our fight against the second wave of COVID-19 and begin preparing for the holiday season, it remains crucial for all Ontarians to continue following public health measures and advice,” said Dr. David Williams, Chief Medical Officer of Health. “By limiting close contact to those who you live with and by adhering to public event and social gathering limits, we can once again bend the curve and prevent the need for further restrictions.”
The following recommendations apply to all public health unit regions in the province:
Stay home if you have COVID-19 symptoms, even if they are mild;
Maintain two metres of physical distancing from everyone else;
Avoid social gatherings and limit close contacts to your household or the people you live with;
Adhere to the restrictions in your region on public and private gatherings;
Wear a face covering indoors and wear one outdoors if physical distancing may not be maintained or if wearing one is required;
Wash your hands thoroughly and regularly;
Cover your cough;
Get tested if you have symptoms compatible with COVID-19, or if you’ve been advised of exposure by your local public health unit or through the COVID Alert mobile app;
Individuals and families from higher transmission regions should avoid travel to lower transmission regions, except for essential reasons; and
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
The Ontario government is now providing $600 million in relief to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support Recover.
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
To stay safe, you can download the COVID Alert App free from the Apple and Google Play app stores.
November 22, 2020 It may have gone unnoticed in the announcement of further lockdowns and restrictions in Ontario that there is $600 million in relief available to support eligible businesses required to close or significantly restrict services due to enhanced public health measures.
Eligible businesses can apply online for temporary property tax and energy cost rebate grants from the province. The rebates will cover the length of time that a business is required to temporarily close or significantly restrict services as a result of being located in an area categorized as Red-Control or Lockdown, or previously categorized as modified Stage 2 public health restrictions.
As a brief summary, the Property Tax and Energy Bill Rebates are available mainly for businesses and organizations in the retail and consumer services sector.
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As anticipated, the Government of Ontario today announced that many Public Health Units (PHUs) in the province will be moving to tighter restrictions to address the recent rises in COVID-19 infections.
I have provided the full announcement for you below. The restrictions will come into effect Monday, November 23, 2020 at 12:01 a.m.
TORONTO — In consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, the province is moving certain public health unit regions to new levels in the Keeping Ontario Safe and Open Framework, which includes moving Toronto and Peel into Lockdown. These necessary measures are being taken to limit community transmission of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province’s most vulnerable populations.
Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, and Dr. David Williams, Chief Medical Officer of Health.
“With the numbers rising rapidly in certain regions, we have to make the tough, but necessary decisions now to protect our hospitals, long-term care and retirement homes, and every person in this province,” said Premier Ford. “We cannot afford a province-wide lockdown, so we are taking preventative action today by moving Toronto and Peel into Lockdown level restrictions and other regions into higher levels of restrictions. We need to take decisive action to stop the spread of this deadly virus.”
Over the past week, some regions under the Red-Control level have continued to see worsening trends in key indicators, despite having a range of public health measures and restrictions in place since early October. Based on the latest data, the government intends to move Peel Public Health and Toronto Public Health into Lockdown effective Monday, November 23, 2020 at 12:01 a.m. This action is being taken to help stop the spread of COVID-19, while prioritizing the continued opening of schools, child care centres and other key services to the fullest extent possible.
Measures under Lockdown include, but are not limited to:
Schools, before and after school programs, and child care will remain open;
Post-secondary schools open for virtual learning with some limited exceptions for training that can only be provided in-person, such as clinical training or training related to a trade;
No indoor organized public events or social gatherings except with members of the same household. Individuals who live alone, including seniors, may consider having exclusive, close contact with one other person;
Outdoor organized public events or social gatherings limited to a maximum of 10 people;
Wedding services, funeral services and religious services, rites or ceremonies where physical distancing can be maintained can have up to 10 people indoors or 10 people outdoors;
Retail permitted to be open for curbside pick-up or delivery only, with certain exceptions such as for supermarkets, grocery stores, pharmacies, hardware stores, discount and big box retailers selling groceries, beer, wine and liquor stores, safety supply stores, and convenience stores, which will be allowed to operate at 50 per cent capacity;
Restaurants, bars, and food and drink establishments will only be able to provide takeout, drive-through and delivery. Indoor and outdoor dining services are prohibited;
Personal care services closed;
Casinos, bingo halls and other gaming establishments closed; and
Indoor sports and recreational facilities, including pools, closed with limited exceptions.
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The Chief Medical Officer of Health and health experts will continue to provide advice to the government using criteria, including:
Epidemiological indicators such as the number and rate of COVID-19 cases and test positivity;
Health system capacity indicators including hospital and Intensive Care Unit capacity, access to ventilators and ongoing availability of personal protective equipment;
Public health sector capacity, including the number of COVID-19 cases and contacts being reached by local public health officials within one day; and
Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly.
“As public health indicators continue to worsen in regions across the province, particularly in hotspots like Peel and Toronto, it is clear that more needs to be done to limit community spread of COVID-19,” said Minister Elliott. “As we have seen around the world, lockdowns are a difficult but necessary step to stop the spread, safeguard the key services we rely on and protect our health system capacity. With the recent positive news on the development of a vaccine, there is a real hope that we can defeat this deadly virus, but for now we all must continue to follow public health advice and strictly adhere to the restrictions in place.”
Based on the latest data, the following public health unit regions will move from their current level in the framework to the following levels effective Monday, November 23, 2020 at 12:01 a.m.:
Red-Control
Durham Region Health Department; and
Region of Waterloo Public Health and Emergency Services.
Orange-Restrict
Huron Perth Public Health;
Simcoe Muskoka District Health Unit;
Southwestern Public Health; and
Windsor-Essex County Health Unit.
Yellow-Protect
Chatham-Kent Public Health;
Eastern Ontario Health Unit;
Grey Bruce Health Unit;
Kingston, Frontenac and Lennox & Addington Public Health;
Peterborough Public Health; and
Thunder Bay District Health Unit.
Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a higher level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The Ministry of Health will continue to communicate regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.
For long-term care homes, visitor restrictions apply to those homes in the public health units that are in the Orange-Restrict level or higher. To further protect the health and safety of those in long-term care homes, staff, essential caregivers and support workers who provide direct care to residents in those regions will be tested more frequently for COVID-19, moving from bi-weekly tests to weekly as of November 23, 2020. In addition, support workers who provide direct care and caregivers in those regions will be asked to provide proof of a negative COVID-19 test result in the past week and verbally attest that they have not subsequently tested positive.
For retirement homes, homes in public health regions that are in Red-Control or higher will be in high alert with visitor restrictions as outlined in the Retirement Homes COVID-19 Visitor Policy. Homes will continue to be notified of their alert status by the Retirement Homes Regulatory Authority.
“Advising regions to move into a lockdown is not a decision we take lightly, but it is one that is needed to ensure the safety of the people of Peel and Toronto,” said Dr. Williams. “Now more than ever, it is critical that all Ontarians continue to follow public health advice to help stop the spread of the virus. Everyone has a role to play to protect each other. We are interdependent and nothing can be done without the commitment of each individual, family and community.”
To further support public health regions, the province is making additional enforcement mechanisms available to local medical officers of health who have applied additional measures based on their local conditions and needs. The government is amending Ontario Regulation 950 under the Provincial Offences Act, allowing for a ticket to be issued for any contravention of a COVID-19 specific communicable disease class order issued by a medical officer of health. The government will also ask the Chief Justice of the Ontario Court of Justice to establish a set fine to be attached to any ticket issued for violating a section 22 order relating to COVID-19 made by a local medical officer of health.
“We are asking Ontarians to familiarize themselves with the restrictions in place, follow the rules and public health guidance, and support enforcement officers who are working to help prevent the further spread of COVID-19,” said Solicitor General Sylvia Jones. “Our government will continue to work with law enforcement to ensure they have the tools they need to promote public safety and take the enforcement actions needed to prevent unsafe behaviour.”
Additional Supports Available for Businesses Affected by COVID-19 Public Health Measures
The Ontario government is now providing $600 million in relief to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support Recover.
Businesses can apply online for temporary property tax and energy cost rebate grants from the province, via an easy-to-use one-window portal. The rebates will cover the length of time that a business is required to temporarily close or significantly restrict services as a result of being located in an area categorized as Red-Control or Lockdown, or previously categorized as modified Stage 2 public health restrictions. Most businesses can expect to receive their rebate payments within a few weeks of submitting a complete application. A detailed list of eligible businesses, as well as instructions for applying, can be found at Ontario.ca/covidsupport.
The federal and provincial governments have been working collaboratively together to deliver benefits and supports to individuals, families and businesses since the onset of COVID-19. Consistent with this, Ontario will work with the federal government to ensure these supports for businesses in COVID-19 hotspots are available in the most straightforward and seamless way possible by integrating these rebates with the federal Canada Emergency Rent Subsidy (CERS) program.
“We will double the funding we have made available to support employers and jobs affected by the necessary public health measures we are taking to protect people during the second wave,” said Minister Phillips. “All of us know a small business owner struggling due to COVID-19. These necessary public health measures we have outlined today will create new challenges ― but as we committed in Ontario’s Action Plan: Protect, Support, Recover, we will continue to be there to protect jobs and support employers.”
Quick Facts
If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
Municipalities and local medical officers of health may have additional restrictions or targeted requirements in their region, on top of the public health measures required at their specific level.
The Ontario government has developed a $2.8 billion COVID-19 fall preparedness plan, Keeping Ontarians Safe: Preparing for Future Waves of COVID-19, to ensure the province’s health care, long-term care and education systems are prepared for the immediate challenges of the fall, including a second wave of COVID-19 and the flu season.
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
To stay safe you can download the COVID Alert App free from the Apple and Google Play app stores.
I have had numerous clients contact me with employment law questions related to COVID-19 and the various existing and new legislations that apply to the workplace at this time.
The most common questions I have received are related to employees requesting or or demanding that they be allowed to work from home, or refusing to come to the workplace.
Unfortunately, as the pandemic continues and infections increase, these questions are becoming more relevant to more employers and employees. I have prepared this FAQ reference for you with the information I think will be most helpful for you.
In addition to these questions, I prepared a more broadly based FAQ which I sent to you a few weeks. ago. It can be accessed on this link at the LeNoury Law website: FAQs COVID-19 and Employment Law
Preface: Safety in the Workplace
I preface this by noting that all employers have an obligation under the Employment Standards Act and the Human Rights Code to provide a safe workplace.
FOR TORONTO EMPLOYERS
On November 10 the Toronto Public Health Unit (PHU) introduced Specific Enhanced Measures in addition to the safety measures required under the provincial government’s new colour-coded Response Framework.
The Specific Enhanced Measures for Workplaces include
Require an (internal) compliance officer to ensure implementation of occupational health and safety and infection prevention & control measures.
Review HVAC systems to ensure they are in good working order.
Promote work from home wherever possible.
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As always, I encourage you to comply with the guidelines of all PHUs, and promote work from home appropriately if you are based in Toronto and it is possible for your company and its operations.
The following FAQs pertain more specifically to employee demands to work somewhere other than the workplace.
Employee Rights and Work From Home
As noted above, the employer is required to maintain a safe workplace. In the absence of a provable issue of safety, an employee does not have the right to work from another location because it is their preference.
Q: Are employees entitled to an accommodation to work from home?
A: Employees are not entitled to a work from home accommodation if they prefer and choose to work from home for reasons such as their children are not in school (i.e. they’ve chosen online learning during COVID-19).
I would encourage you to have a conversation with the employee about accommodation and the particular employee’s needs, however, there is no duty to accommodate, except under unusual and extreme circumstances.
Q: What if an employee doesn’t feel safe, they want to work from home and are set up to work from home?
A: This may be a viable option for you and your employee, and you may wish to agree with this arrangement, but there is no duty to accommodate, no obligation for an employer to facilitate a work from home arrangement for an employee.
However, if the employee is able to show that they need accommodations related to a protected ground under the Human Rights Code, the employer does have a duty to accommodate up to the point of undue hardship. While the employee is not entitled to choose their accommodation, work from home may be reasonable in some circumstances.
Q: An employer cannot ask for a doctor’s note, but what happens if an employee requests to work from home because of a medical condition?
A: If the employee is requesting an accommodation related to a medical condition, i.e. a disability, this is a protected ground under the Human Rights Code.
Under this scenario, the employee has an obligation to cooperate in the accommodation process, and to assist the employer in understanding what accommodations may be appropriate in light of the employee’s restrictions and prognosis. An employee would be required to provide medical documentation in support of their accommodation request.
Q: What if an employee is working from home, but would like to work even more remotely – perhaps in a different country – to be with an elderly parent during COVID-19?
A: In general, this would require that there be an explicit caregiving duty in place between the employee and parent(s). An employer is not required to agree to remote work from another country unless the employee is in a parent child relationship with that family member (e.g. an elderly parent) and is providing care that would trigger protection under the Human Rights Code ground of “family status”.
Other options: Infectious Disease Emergency Leave
In all cases where an employee has a work from home request that is based on preference rather than demonstrable necessity, I advise that you discuss the details of the situation and see if an agreement can be reached. If this is not possible, one option for employees may be to go on an Infectious Disease Emergency Leave (“IDEL”). However, the IDEL is an unpaid leave, so an employee on this leave would not continue working or being paid.
There are 6 general cases in which an IDEL may apply:
Employee is in quarantine or isolation by a direction issued by doctor, nurse, Telehealth Ontario
Employee is caring for a child/family member because of a matter related to COVID-19
School or childcare is closed because of COVID-19 or because the employee did not send their child to school or childcare for fear of exposure
Caring for a child who is sick with COVID-19 or who stayed home because of COVID-19 protocols at the school or child care (e.g. symptoms)
Child had a symptom that did not automatically require the child to stay away from school or child care, but the employee was concerned the symptom may relate to COVID-19 and chose to keep their child home as a precautionary measure
The same concepts apply broadly to family members
Q: Outside of IDEL, does the employer have to accommodate an employee’s requests that are based on preference, and not actual need?
A: No, if an employee is not on IDEL (i.e. the unpaid leave), an employer must accommodate an employee’s request for accommodation only if it relates to a protected ground under the Human Rights Code (e.g. family status, disability).
Yesterday the Government of Ontario released “Ontario’s Action Plan: Protect, Support, Recover — the next phase of a comprehensive action plan to respond to the serious health and economic impacts of COVID-19”.
This 2020 Budget sets out a total of $45 billion in support over three years for health resources, financial programs and tax measures to support individuals, families and job creators impacted by the virus. The intent is to lay the groundwork for a robust long-term economic recovery for the province.
One item I note in particular is that the Employer Health Tax (EHT) exemption will increase from $490,000 to $1M and means about 90% of employers will pay no EHT.
For a perspective on the budget as a whole, I thought you might be interested in this summary and analysis from one of my clients, Sussex Strategies. Their President, Paul Pellegrini, has kindly allowed me to share it with you.
Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. I find their reports informative and insightful, and I hope you will also.
Within this email I have provided the preamble of the Sussex analysis with a link to their full 10 page document.
I have also provided a link to the full 2020 Budget.
Ontario Budget Analysis: What A Difference A Year Makes
Today, Ontario Finance Minister Rod Phillips delivered what is technically his first, and the Ford Government’s second, full Ontario Budget. Our clients and regular readers will know that the Ontario budget is typically delivered in March, in anticipation of the government’s fiscal year which is from April 1st to March 31st.
In normal times, the Minister of Finance would rise in the Legislature in November to deliver a Fall Economic Statement. While these have come to be known as “mini budgets” they are more correctly a report on government finances after half of the fiscal year has passed.
If you will allow us one Captain Obvious moment, 2020 is anything but a normal year. With this province, this country and most of the world firmly in the grip of COVID-19’s second wave, the budget schedule has been turned upside down this year.
You will recall that in March of this year, Finance Minister Phillips rose to table an economic update, a mini budget, which laid out the Ford government’s initial response to the pandemic. You’ll recall as well that Ontario essentially shut down in mid-March, and that Phillips’s mini budget was delivered some ten days later. The title of our analysis of that mini budget, “Extraordinary Times, Extraordinary Measures” is indicative of its contents.
Of note, the March document forecast a deficit for 2020/21 (the current fiscal year) of $20.5 billion. On that day we wrote that until that point, Ontario had 688 residents who had tested positive for COVID and nine deaths. The province had conducted 35,635 COVID tests up to that day. Given how small these numbers look by comparison today, it is truly difficult to believe that this was a little less than eight months ago. As of today, Ontario reports 80,690 cases, has performed over 5.1 million tests, and sadly 3,195 deaths.
Even before today, this budget had been framed by the Ford government as laying out the next phase of Ontario’s Action Plan to combat and recover from COVID-19.
In this way, today’s Budget has been clearly established as a pandemic-focused response and as a further articulation of the government’s plan that was first provided in the March 25 mini-budget (referred to as Ontario’s COVID-19 Action Plan).
Please click the button below to read our full report and analysis.
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The Government of Ontario has announced that the province will have a new colour coding system to indicate levels of COVID-19 infection and associated safety measures for each of the 35 Public Health Units.
Some details have also been provided for $300 million in financial aid to businesses that are required to close or significantly restrict services in areas in connection with the new framework.
I have provided a top line summary of the announcements for you, as well as the full text further below in this email.
Additionally, the Minister of Finance will introduce Ontario’s 2020 Budget on Thursday, November 5, 2020, which will detail the next phase of Ontario’s Action Plan.
COVID-19 Colour Codes
In a system similar to some other province, there will be five code levels indicating the severity of the COVID-19 situation with the actions/restrictions required:
Green – Prevent
Yellow – Protect
Orange – Restrict
Red – Control
Lockdown: a measure of last and urgent resort
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The new framework will be introduced November 7 and based on data for the week of October 26, 2020. The government will continually assess the impact of public health measures applied to public health unit regions for 28 days, or two COVID-19 incubation periods.
The majority of Ontario Public Health Units (PHUs) – 25 – will be coded Green -Prevent.
These PHUs will be indicated as Yellow – Protect:
Brant County Health Unit
City of Hamilton Public Health Services
Durham Region Health Department
Halton Region Public Health.
Orange-Restrict PHUs are those currently in the Modified Stage 2 level:
Eastern Ontario Health Unit
Ottawa Public Health
Peel Public Health;
York Region Public Health.
Toronto Public Health may be delayed in entering Orange-Restrict level until November 14, 2020.
The announcement did not include an online source for information on the colour coding of each Public Health Unit, however, you may find this existing government page useful for monitoring the COVID-19 situation in the province. It includes maps and charts of data updated daily since January 15.
The government also provided details on $300 million for businesses required to close or significantly restrict services in areas subject to modified Stage 2 public health restrictions (Ottawa, Peel, Toronto, and York Region) or, going forward, in areas categorized as ‘Red – Control’ or ‘Lockdown’.
Beginning November 16, 2020, eligible businesses will be able to apply for temporary property tax and energy cost rebates directly to the province through a single, online application portal.
Eligible businesses include restaurants, bars, gyms and cinemas.
More details on the rebates can be found on this page of the Ontario government website:
I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and continuing to observe and practice the protocols and guidance provided by our Public Health officials.
TORONTO — In consultation with the Chief Medical Officer of Health and other health experts, the Ontario government has developed the Keeping Ontario Safe and Open Framework. It ensures that public health measures are targeted, incremental and responsive to help limit the spread of COVID-19, while keeping schools and businesses open, maintaining health system capacity and protecting vulnerable people, including those in long-term care.
Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, Peter Bethlenfalvy, President of the Treasury Board, and Dr. David Williams, Chief Medical Officer of Health.
“It’s clear COVID-19 will be with us for a while, which is why we are putting in place a framework that will protect the health and safety of individuals and families, while avoiding broader closures across the province,” said Premier Ford. “This framework, developed in consultation with our health experts, will serve as an early warning system allowing us to scale up and scale back public health restrictions on a regional or community basis in response to surges and waves of COVID-19. By introducing public health measures sooner, we can keep this deadly virus at bay, bend the curve and reclaim a little more of our normal lives.”
The framework takes a gradual approach that includes introducing preventative measures earlier to help avoid broader closures and allow for additional public health and workplace safety measures to be introduced or removed incrementally. It categorizes public health unit regions into five levels: Green-Prevent, Yellow-Protect, Orange-Restrict, Red-Control, and Lockdown being a measure of last and urgent resort. Each level outlines the types of public health and workplace safety measures for businesses and organizations. These include targeted measures for specific sectors, institutions and other settings.
“The health and wellbeing of Ontarians is our number one priority. This framework, informed by public health experts, data and the experiences of other jurisdictions, is focused on introducing less invasive measures earlier to stop the spread of COVID-19,” said Minister Elliott. “We are committed to being transparent with Ontarians, businesses and local communities as we work together to keep Ontarians safe, while keeping our economy open.”
“This framework is critical to ensuring that public health measures are able to help slow the spread of the virus, while also supporting mental health and other social determinants of health,” said Dr. Williams. “The framework operates like a dimmer switch, enabling measures and restrictions to be increased and give individuals and families the information they need to adjust their activities and interactions based on local epidemiological data.”
As the province continues to expand access to real-time data, enhancements are also being made to Ontario.ca/coronavirus Ontario’s one-stop shop for information on COVID-19. Information about the spread of the virus, and public health and health system capacity will now be available on the website. This includes local cases by public health unit regions, the total number of cases, resolved cases, deaths, and tests completed and how many are positive. The province will continue to add data sets as they become available, such as sources of outbreaks as a subset of overall cases. This information will better help businesses, organizations and local communities access key information to prepare in advance for any changes in their region.
“You deserve to have access to the same information that we have, and that’s why our government is enhancing online data and data visualization,” said Minister Bethlenfalvy. “Greater transparency means that the people of Ontario have reliable access to the information they need to protect their health, and for businesses to reopen and operate safely. This is another way we’re using technology and pursuing innovation to put the people at the centre of government and move Ontario onwards.”
To provide the utmost transparency, each public health unit will be classified according to current framework indicators. Proposed classifications based on data for the week of October 26, 2020 can be found below. These will be confirmed by the province on Friday, November 6, 2020 and become effective on Saturday, November 7, 2020 at 12:01 a.m. Final decisions on moving public health unit regions into the framework will be made by the government based on updated data and in consultation with the Chief Medical Officer of Health, local medical officers of health and other health experts, and will be reviewed weekly.
Going forward, the government will continually assess the impact of public health measures applied to public health unit regions for 28 days, or two COVID-19 incubation periods.
Supporting Businesses Affected by COVID-19 Public Health Measures
The Ontario government is making $300 million available to businesses required to close or significantly restrict services in areas subject to modified Stage 2 public health restrictions (Ottawa, Peel, Toronto, and York Region) or, going forward, in areas categorized as Control or Lockdown.
Rebates will cover the period of time that businesses are required to temporarily close or significantly restrict services as a result of being located in areas subject to the targeted modified Stage 2 public health restrictions or, going forward, in areas categorized as Control or Lockdown. The property tax rebates will be net of any federal support in respect of property taxes provided through the new Canada Emergency Rent Subsidy (CERS), so that the rebate will cover costs beyond those covered by CERS.
Beginning November 16, 2020, eligible businesses will be able to apply for temporary property tax and energy cost rebates directly to the province through a single, online application portal. Many businesses should expect to receive their rebate payments within a few weeks of finalizing and submitting their completed application. Eligible businesses include restaurants, bars, gyms and cinemas.
“On Thursday, I’ll introduce Ontario’s 2020 Budget, the next phase of Ontario’s Action Plan,” said Minister Phillips. “It is a plan that will have three pillars. As we announced yesterday, the first is protect. The second pillar is support, because we know COVID-19 has brought severe challenges and economic difficulties to families and employers. Supporting businesses affected by necessary public health restrictions in regions experiencing a greater risk from COVID-19 is one way we are helping employers manage during these difficult times.”
Through Ontario’s Property Tax and Energy Cost Rebates program, the government is building on its collaboration with federal partners to ensure eligible businesses receive the financial help they need as a result of targeted provincial public health restrictions.
Public Health Unit Region Classifications
As of November 7, 2020, the province will transition public health unit regions to the new framework. The following proposed classifications for public health unit regions are based on data for the week of October 26, 2020. Updated data will be used for final review by the Chief Medical Officer of Health and approval by Cabinet on Friday, November 6, 2020.
Lockdown:
No public health unit regions
Red-Control:
No public health unit regions
Orange-Restrict:
Eastern Ontario Health Unit;
Ottawa Public Health;
Peel Public Health;
Toronto Public Health (may be delayed in entering Orange-Restrict level until November 14, 2020); and
York Region Public Health.
Yellow-Protect:
Brant County Health Unit;
City of Hamilton Public Health Services;
Durham Region Health Department; and
Halton Region Public Health.
Green-Prevent:
Algoma Public Health;
Chatham-Kent Public Health;
Grey Bruce Health Unit;
Kingston, Frontenac and Lennox & Addington Public Health;
Haliburton, Kawartha, Pine Ridge District Health Unit;
Haldimand-Norfolk Health Unit;
Hastings Prince Edward Public Health;
Huron Perth Public Health;
Lambton Public Health;
Leeds, Grenville & Lanark District Health Unit;
Middlesex-London Health Unit;
Niagara Region Public Health;
North Bay Parry Sound District;
Northwestern Health Unit;
Peterborough Public Health;
Porcupine Health Unit;
Public Health Sudbury & Districts;
Region of Waterloo Public Health and Emergency Services;
Renfrew County and District Health Unit;
Simcoe Muskoka District Health Unit;
Southwestern Public Health;
Thunder Bay District Health Unit;
Timiskaming Health Unit;
Wellington-Dufferin-Guelph Public Health; and
Windsor-Essex County Health Unit.
Quick Facts
The Ontario government has developed a $2.8 billion COVID-19 fall preparedness plan, Keeping Ontarians Safe: Preparing for Future Waves of COVID-19, to ensure the province’s health care, long-term care and education systems are prepared for the immediate challenges of the fall, including a second wave of COVID-19 and the flu season.
If you are concerned you were exposed to COVID-19 or have symptoms, take the online COVID-19 self assessment.
Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
Types of businesses that are eligible for support include restaurants and bars, bingo halls, gaming establishments, casinos, conference centres and convention centres, gyms, facilities for indoor sports and recreational fitness activities, community centres and multi-purpose facilities, museums, performing arts and cinemas and personal care services (with exception of oxygen bars) that were required to close or are subject to significant restrictions under modified Stage 2.
Businesses that are not eligible are those that were already required to close prior to the introduction of modified Stage 2 public health restrictions, those that were not required to close or restrict services due to modified Stage 2 public health restrictions, and those who do not pay property taxes or energy costs.
The Government of Ontario made two announcements yesterday that may be of interest to you.
The first is an extension of Emergency Orders, which is largely a matter of legislative housekeeping, while the second is an announcement of legislation to provide liability protection for employers and employees.
I have highlighted some important aspects of the announcements and include the full texts of both at the bottom of this email.
COVID-19 Liability Protection
The government is introducing legislation that will provide liability protection for workers, volunteers and organizations that “make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19.”
The Supporting Ontario’s Recovery Act, 2020 will also maintain the right of Ontarians to take legal action against those who willfully, or with gross negligence, endanger others.
Those specifically protected under the Act include:
Healthcare workers and institutions;
Frontline workers who serve the public everywhere from grocery stores to restaurants and retail stores;
Businesses and their employees;
Charities, non-profit organizations; and
Coaches, volunteers and minor sports associations.
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Extension of Emergency Orders
As I have advised on previous occasions regarding the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), the government has extended most orders under Act in what is largely a matter of housekeeping to comply with the necessity to review orders on a regular basis.
Orders in effect under the ROA have been extended by 30 days, until November 21, 2020, with the following exceptions:
Electricity Price for Regulated Price Plan (RPP) Consumers has only been extended until October 31, 2020. Beginning November 1, 2020, time of use customers will have the option of choosing between time of use electricity rates or tiered pricing.
Access to Personal Health Information by Means of the Electronic Health Record will expire on October 22, 2020 as changes to the Personal Health Information Protection Act, 2004, that recently came into force, make the order unnecessary.
There are also amendments to some orders:
Under modified Stage 2 regulations (Toronto, Ottawa, York and Peel Regions), classes delivered for the purpose of teaching or training amateur or professional dancers in dance techniques are permitted to operate provided specified conditions are met.
Regulations Rules for Areas in Stage 2 and Rules for Areas in Stage 3 have been amended to remove restrictions on in-person teaching and instruction for fire departments.
I have included a list of all extended Orders at the bottom of this post.
TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, is extending most orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA). This extension will be in effect until November 21, 2020 to ensure the government continues to have the necessary tools to contain the spread of COVID-19.
“With the cold and flu season upon us and the continuing high number of COVID-19 cases in certain parts of the province, it’s critical we continue to take the necessary steps to protect the health and safety of Ontarians,” said Solicitor General Sylvia Jones. “We have renewed the majority of orders to ensure we have the tools in place to address any urgent public health situations and support the continued delivery of critical services.”
Orders in effect under the ROA have been extended by 30 days with the following exceptions:
Electricity Price for Regulated Price Plan (RPP) Consumers has only been extended until October 31, 2020. Beginning November 1, 2020, time of use customers will have the option of choosing between time of use electricity rates or tiered pricing.
Ontario is also amending emergency orders for regions under modified Stage 2 regulations (Toronto, Ottawa, York and Peel Regions) to clarify that classes delivered for the purpose of teaching or training amateur or professional dancers in dance techniques are permitted to operate provided specified conditions are met. This change to the regulation recognizes that dance styles such as ballet, hip hop, and ballroom, can still be taught and practised safely when certain public health measures are followed, similar to other permitted activities, such as cheerleading and gymnastics. Dance classes that do not meet the specified criteria (e. g. a Zumba class) would not be permitted.
Additionally, regulations Rules for Areas in Stage 2 and Rules for Areas in Stage 3 have been amended to remove restrictions on in-person teaching and instruction for fire departments. The amendments, similar to what is currently in place for police training, are critical for public safety and the safety of fire department personnel.
The ROA came into force on July 24, 2020 to ensure important measures remained in place after the provincial declared emergency came to an end. Under the ROA, orders can be extended for up to 30 days at a time. The government will review all orders continued under the ROA and report on order extensions to the Select Committee on Emergency Management Oversight.
The ROA allows certain orders to be amended, subject to criteria, and does not allow new orders to be created.
The ROA requires the Premier to table a report on any amendments or extensions of any orders within 120 days after the first anniversary of the act coming into force.
TORONTO — The Ontario government is introducing the Supporting Ontario’s Recovery Act, 2020, that if passed, will provide liability protection for workers, volunteers and organizations that make an honest effort to follow public health guidelines and laws relating to exposure to COVID-19. At the same time, it will maintain the right of Ontarians to take legal action against those who willfully, or with gross negligence, endanger others.
“After listening to the concerns of Ontarians, we want to ensure people can seek redress against gross negligence, intentional misconduct and bad actors who fail to make an honest effort to follow COVID-19 guidance and laws,” said Attorney General Doug Downey. “We are also providing protection to the hard-working women and men who make essential contributions to our communities, from frontline health care workers to people coaching minor sports teams, to those keeping our supply chain moving, to people volunteering at the local food bank or those simply showing up for work each day despite the unprecedented challenges of COVID-19.”
If passed, the Supporting Ontario’s Recovery Act, 2020 will provide targeted protection for those who are making an honest effort to follow public health guidelines and laws, including:
Healthcare workers and institutions;
Frontline workers who serve the public everywhere from grocery stores to restaurants and retail stores;
Businesses and their employees;
Charities, non-profit organizations; and
Coaches, volunteers and minor sports associations.
“The proposed legislation would ensure Ontarians, who are contributing to the recovery of our province and make good faith efforts to follow public health guidance and laws on COVID-19, are not discouraged from making a difference in their communities because they are afraid of civil liability,” said Attorney General Downey.
The proposed changes will also ensure court resources are used where they are needed most: to hold accountable bad actors who ignore public health guidance and laws or act with gross negligence.
Quick Facts
British Columbia and Nova Scotia have legislation in place to help protect workers supporting communities during the COVID-19 pandemic.
“Good faith” is the standard commonly used in existing Ontario immunity provisions, meaning an honest effort to act in accordance with applicable public health guidance and laws relating to COVID-19.
The proposed legislation also includes changes to the Municipal Elections Act, 1996 that would remove the option to use ranked ballots for municipal council elections, making the electoral process consistent across municipal, provincial and federal elections.
Related Topics
Law and Safety
Ontario’s laws and related information about our legal system, emergency services, the Ontario Provincial Police and victim services. Learn more
The following orders under the ROA have been extended until November 21, 2020:
I have had many requests from clients looking for some clarity and guidance related to various issues regarding employees and the workplace as the COVID-19 pandemic continues.
You may have similar questions, so I am providing you with information on a few of those topics, specifically:
Obligations of employers and rights of employees
Employee refusal to work due to safety concerns
Employee refusal to work due to disability
Employee preference to work from home
Childcare and family status
Infectious Disease Emergency Leave
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Obligations of Employers and Rights of Employees I will preface all of the information below by noting that we are all living in the midst of an unprecedented event happening not only in our workplaces, communities and country, but around the globe.
Legislation and interpretation of that legislation by courts has been done over the course of many years of more stable times, so cannot be applied in full to the realities of today.
Having said that, it is important to be knowledgeable and aware of the existing and ongoing regulations as well as amendments and new legislation introduced in the past few months. I hope you will find this information helpful in finding solutions that are compliant with the appropriate regulations while also responding to and addressing the uncertain situations faced by both you and your employees.
Employee Refusal to Work Under the Occupational Health and Safety Act (“OHSA”) employers have a general duty to take every precaution reasonable in the circumstances for the protection of a worker.
‘Reasonable in the circumstances’ is difficult to determine absolutely since there is no precedent for the circumstances we currently face.
Section 43 of the OHSA states that a worker who may otherwise be subject to discipline for insubordination is entitled to refuse work in certain circumstances where he or she ‘has reason to believe’ that performing the work would endanger himself, herself or another worker.
During this pandemic there is sometimes conflicting information from both official and unofficial sources, making it difficult not only to establish ‘reasonable in the circumstances’ on the side of the employer but also a ‘reason to believe’ on the side of the employee.
Whatever the circumstances, the OHSA stipulates that, in order to lawfully refuse work, the employee must report the refusal to his or her supervisor, who is required to investigate the hazard in the presence of the worker or a health and safety representative, if applicable. Following the supervisor’s investigation, if the worker “has reasonable grounds” to believe there is still a danger, he or she may continue to refuse work and an inspector from the Ministry of Labour may be notified.
As is the case with many situations, discussions between employees and employee representatives are preferable to these kinds of confrontation, and the OHSA permits an employer and employee to agree to safety precautions that address an employee’s concerns.
If an employee is reticent to return to the workplace due to health and safety concerns, my suggestion is to openly and candidly discuss the protections you have implemented to keep workers safe and mitigate the risk of contracting the coronavirus.
Conducting the screening of employees mandated in Ontario as of September 26, 2020 and using the downloadable screening questionnaire from the government is an action that demonstrates good faith and that precautions are in place to protect the safety of everyone in the workplace.
You may also find it helpful to review with employees the actions you have taken in the context of the government’s Reopening Guide and Toolkit, which includes suggestions for physical and operational methods to increase workplace safety.
Refusal to Work Due to Disability The Human Rights Code protects against discrimination on the basis of disability, which is broadly defined and could include an otherwise manageable illness that is impacted by a hazard in the workplace. For example, asthma in many work settings would not pose a significant barrier to safe and productive work. However, due to the COVID-19 pandemic, individuals with severe respiratory issues may be concerned about their acute vulnerability to contracting the virus.
Employers are required to accommodate disability to the point of undue hardship. The threshold of undue hardship means that an employer is required to withstand a reasonable level of hardship in an effort to accommodate employees.
When an employee seeks accommodation, an employer is entitled to sufficient information to respond to that request. However, generally speaking employers are not entitled to an employee’s medical records or diagnoses.
Preference to Work from Home Assuming a workplace is reasonably safe, an employee’s generalized anxiety or preference to work from home does not in itself justify the refusal to return to work.
You may have employees, though, that are still reticent to return to the workplace even though significant safety precautions have been implemented.
There is no legislated right for an employee to work in any place other than the place that has been determined by the employer, however, I would advise that you consult with employees who would prefer to work from home. If this can be done without disruption to your organization’s operations, it may be an option.
If possible, I would also consider an option of the employee working in the workplace for some portion of the work week and at home for another portion.
Some employees may be reluctant to return to work because of the availability of the Canadian Emergency Response Benefit (“CERB”) or the Canada Recovery Benefit (“CRB”) replacing it which is expected to provide income support to workers so long as such workers are available and looking for work.
According to Bill C-2, An Act relating to economic recovery in response to COVID-19, which has not yet been enacted, a worker is not eligible for CRB if he or she “failed to return to their employment when it was reasonable to do so if their employer had made a request.”
Childcare and Family Status With the uncertainty surrounding the safety of students attending school, the level of general anxiety may be elevated for employees who have concerns about returning to work for reasons associated with child care. Some employers may request accommodations to assist them in dealing with family responsibilities.
The accommodation of family status is challenging even under normal circumstances. As a result of the COVID-19 pandemic, accommodation may be even more difficult for several reasons:In the event of an outbreak at a given school or daycare, employees may suddenly be responsible for providing childcare due to a quarantine orderDue to legitimate fears about COVID-19, a child with a light cold might be directed to stay at home unless he or she can produce a negative COVID-19 test resultSome schools and school districts that are returning to in-classroom learning are still relying upon hybrid models in which students are learning remotely for portions of the day or weekAlternative childcare options, such as grandparents picking up children from school, have been limited by health and safety concerns.Recognizing that these are uncertain times for all concerned, my suggestion again is to make appropriate inquiries to understand an employee’s issue and situation.
Possible accommodations might include a flexible schedule and/or the opportunity to work from home, or at home on specific days as suggested earlier.
As an employer you are not necessarily obligated to provide the type of accommodation requested by an employee so long as the accommodation you do offer adequately addresses the family status issue.
One thing to note is that if operational concerns are cited as a a reason to deny certain accommodations, any such concerns must be concrete and not theoretical. The employer must provide evidence to support a denial of accommodation.
If the employee in question has been working from home for months without appreciable impact on your organization’s operations, claiming that such an arrangement is untenable may prove difficult without a clear explanation as to why.
Infectious Disease Emergency Leave If ongoing childcare concerns make a sustained return to work impossible, an employee is entitled to take an unpaid Infectious Disease Emergency Leave (“IDE Leave”) for reasons related to COVID-19, such as the need to care of a designated family member because of a matter related to COVID-19.
This includes but is not limited to school closures. Currently, there is no specified time limit for how long an employee initiated IDE Leave can last, provided that COVID-19 remains a designated infectious disease. Contact me for more details and further guidance if you believe the IDE may apply to a situation with one of your employees.As I noted at the beginning, these are truly unprecedented times and, as we are all aware, the novel coronavirus does not play favourites in regards to who it infects. I suggest that empathy and discussion and openness with employees is the best course in addressing their concerns while also ensuring that your organization is operating as continuously and efficiently as possible.
I hope that you, your family, friends and loved ones will remain safe and healthy while complying with the advice and guidance of our public health officials.
