Category Archives: COVID-19

Some Ontario Public Health Units revert to Stage 2

October 9, 2020

This afternoon the government of Ontario announced that restrictions will be introduced in the Public Health Regions of Toronto, Ottawa and Peel Region to address the rising COVID-19 cases and transmissions in those areas.

The restrictions are described as a modification of the Stage 2 measures in place earlier this year.

I have included the full announcement below for your reference. Key points include:

  • Reducing limits for all social gatherings and organized public events to a maximum of 10 people indoors and 25 people outdoors where physical distancing can be maintained.
     
  • Prohibiting indoor food and drink service in restaurants, bars and other food and drink establishments, including nightclubs and food court areas in malls;
     
  • Closing of:
    • Indoor gyms and fitness centres (i.e., exercise classes and weight and exercise rooms);
    • Casinos, bingo halls and other gaming establishments;
    • Indoor cinemas;
    • Performing arts centres and venues;
    • Spectator areas in racing venues;
    • Interactive exhibits or exhibits with high risk of personal contact in museums, galleries, zoos, science centres, landmarks, etc.;
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  • Prohibiting personal care services where face coverings must be removed for the service (e.g. makeup application, beard trimming);
     
  • Reducing the capacity limits for:
    • Tour and guide services to 10 people indoors and 25 people outdoors
    • Real estate open houses to 10 people indoors, where physical distancing can be maintained.
    • In-person teaching and instruction (e.g. cooking class) to 10 people indoors and 25 people outdoors, with exemptions for schools, child care centres, universities, colleges of applied arts and technology, private career colleges, the Ontario Police College, etc.
    • Meeting and event spaces to 10 people indoors and 25 people outdoors, and
       
  • Limiting team sports to training sessions (no games or scrimmages).

Schools, child care centres, and places of worship will remain open in these communities and must continue to follow the public health measures in place. Before-school and after-school programs will also be exempt from these new restrictions.

Wedding receptions scheduled for this weekend may proceed under existing public health rules. New limits will apply effective Tuesday, October 13, 2020 at 12:01 a.m. 

While these are difficult times, I hope that you, your family, friends and loved ones can take the time this weekend to be thankful for the good things in your lives and that you will remain safe and healthy while complying with the advice and guidance of our public health officials.

News Release

Ontario Implementing Additional Public Health Measures in Toronto, Ottawa and Peel Region

October 9, 2020

Government Taking Further Steps to Support Small Business in these Hotspots

TORONTO — In consultation with the Chief Medical Officer of Health, the Public Health Measures Table, and local medical officers of health and other health experts, the Ontario government is introducing additional targeted public health measures in the Ottawa, Peel, and Toronto public health unit regions. These modified Stage 2 restrictions will be for a minimum of 28 days and reviewed on an ongoing basis.

Details were provided by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, Dr. David Williams, Chief Medical Officer of Health, and Dr. Adalsteinn Brown, Director of the Institute for Health Policy, Management, and Evaluation and the Dalla Lana Chair of Public Health Policy at the University of Toronto.

“The health experts presented the most recent health data which identified some alarming public health trends that require immediate attention and early action to keep people safe,” said Premier Ford. “That’s why we are making the difficult, but necessary decision to accept the health advice, and impose further restrictions in Toronto, Ottawa and Peel Region. By taking action ahead of the long weekend, we will help contain the spread in these hotspots, protect the surrounding communities, shield our seniors and most vulnerable, and contain the second wave surge. At the same time, we are providing support to our small businesses in these hotspots.”

“We are seeing the percentage of people testing positive for COVID-19 rising, hospitalization rates are growing, and community outbreaks are entering our nursing homes and vulnerable congregate settings,” said Ontario’s Chief Medical Officer of Health, Dr. David Williams. “We need to act quickly, and we need everyone to follow the public health guidelines if we are going to stop the spread and contain the second wave.”

Effective Saturday, October 10, 2020 at 12:01 a.m., these targeted measures are being implemented in Ottawa, Peel, and Toronto as a result of their higher than average rates of transmission. Measures under a modified Stage 2 include:

  • Reducing limits for all social gatherings and organized public events to a maximum of 10 people indoors and 25 people outdoors where physical distancing can be maintained. The two limits may not be combined for an indoor-outdoor event;
  • Prohibiting indoor food and drink service in restaurants, bars and other food and drink establishments, including nightclubs and food court areas in malls;
  • Closing of:
    • Indoor gyms and fitness centres (i.e., exercise classes and weight and exercise rooms);
    • Casinos, bingo halls and other gaming establishments;
    • Indoor cinemas;
    • Performing arts centres and venues;
    • Spectator areas in racing venues;
    • Interactive exhibits or exhibits with high risk of personal contact in museums, galleries, zoos, science centres, landmarks, etc.;
  • Prohibiting personal care services where face coverings must be removed for the service (e.g. makeup application, beard trimming);
  • Reducing the capacity limits for:
    • Tour and guide services to 10 people indoors and 25 people outdoors
    • Real estate open houses to 10 people indoors, where physical distancing can be maintained.
    • In-person teaching and instruction (e.g. cooking class) to 10 people indoors and 25 people outdoors, with exemptions for schools, child care centres, universities, colleges of applied arts and technology, private career colleges, the Ontario Police College, etc.
    • Meeting and event spaces to 10 people indoors and 25 people outdoors, and
  • Limiting team sports to training sessions (no games or scrimmages).

Schools, child care centres, and places of worship will remain open in these communities and must continue to follow the public health measures in place. Before-school and after-school programs will also be exempt from these new restrictions.

Given the extraordinary costs associated with these functions, wedding receptions scheduled for this weekend may proceed under existing public health rules. Effective Tuesday, October 13, 2020 at 12:01 a.m., updated public health measures will apply to wedding receptions, including new gathering limits of 10 people indoors and 25 people outdoors at event spaces.

“The rising number of COVID-19 cases and outbreaks with increasing rates of hospitalization and ICU admissions is very concerning and putting our health system capacity at risk,” said Minister Elliott. “We need to halt this dangerous trend by tightening public health measures in Ottawa, Peel and Toronto in order to keep our schools open, protect our seniors and our loved ones in long-term care homes, and avoid the need for harsher measures in the future. This was not an easy decision but a necessary one to potentially preventing something much worse.”

In addition to the measures being implemented in the Ottawa, Peel, and Toronto public health unit regions, the Chief Medical Officer of Health is also urging all Ontarians to:

  • Limit trips outside of home, except for essential purposes only such as work where it is not possible to work from home, school, grocery shopping, medical appointments, and outdoor healthy physical activity. In addition, travel to other regions in the province, especially from higher transmission to lower transmission areas, should only be for essential purposes;
  • Practise physical distancing of at least two metres with those outside your household;
  • Wear a face covering when physical distancing is a challenge or where it is mandatory to do so; and
  • Wash your hands frequently and thoroughly; and following gathering limits and rules.

The Chief Medical Officer of Health and other public health experts continue to closely monitor the evolving situation across the province to advise if and when public health measures or restrictions should be adjusted or tightened.

For additional protection, the Ontario government is encouraging everyone to download the new COVID Alert app on their smart phone from the Apple and Google Play app stores.

As these necessary public health measures come at a cost to small businesses, Ontario has planned to and will make $300 million available to assist significantly affected businesses with fixed costs, including property taxes, hydro and natural gas bills.

“Since the outset of the pandemic the government has recognized that the health and safety of the people of Ontario must come first, while supporting workers and business-owners during this unprecedented global pandemic,” said Minister Phillips. “Ontario will build on the historic collaboration with the Government of Canada to ensure workers are protected, businesses are supported, and that this support arrives as soon as possible.”

This support will be provided by the province and will be made available in any region where these measures are necessary. More details will be released in the coming days.

This funding builds on the actions the government has taken to support small businesses throughout the pandemic, including putting in place a temporary moratorium on commercial evictions, making $60 million available for a $1,000 grant for small businesses to offset the cost of personal protective equipment (PPE), and exploring options to permanently allow restaurants and bars to include alcohol with food as part of a takeout or delivery order.

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 upcoming flu season.
  • With a recent increase in cases of COVID-19, it remains vital for the government to continue to protect vulnerable populations and for each Ontarian to follow public health advice.
  • As well, in consultation with the Chief Medical Officer of Health, the Ontario government has extended orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) to October 22, 2020. Orders in effect under the ROA will allow the government to maintain the flexibility it needs to address the ongoing and emerging risks as well as the effects of the COVID-19 pandemic.
  • On July 24, 2020, the ROA came into force 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 continue to review all orders continued under the ROA and will report on order extensions to the Select Committee on Emergency Management Oversight.

Additional Resources

  • Ontario Taking Immediate Action to Reduce Rates of Transmission in Toronto, Ottawa and Peel Region
  • Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19
  • Businesses who have questions about closures of at-risk workplaces or how emergency measures impact their business or employment can call the Stop the Spread Business Information Line at 1-888-444-3659. Help is available from Monday to Sunday from 8:30 a.m.―5:00 p.m.
  • For all other public inquiries call ServiceOntario, INFOline at 1-800-267-8097 (Toll-free in Ontario only).

Ontario Government announces $60M for Small Business

October 7, 2020

This morning the government of Ontario announced further support for Ontario employers, specifically main street small businesses, retailers and services.

Among the assistance offered is

  • A one-time grant of up to $1,000 for eligible main street small businesses — in retail, food and accommodations, and other service sectors — with two to nine employees to help offset the unexpected costs of personal protective equipment (PPE)
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Experience has shown that there is high demand for this type of financial assistance, and my suggestion is that you submit an application as quickly as possible if you are eligible.

There is also support available in other areas that may benefit your business. I have included the full announcement below for your reference.

News Release

Ontario Supports Small Main Street Businesses with $60 Million in Funding through PPE Grant

October 7, 2020

New measures will help businesses reopen safer, rehire faster and recover from COVID-19

TORONTO — The Ontario government is continuing to help businesses rebuild, reinvest and create good jobs across the province. Today, Prabmeet Sarkaria, Associate Minister of Small Business and Red Tape Reduction, announced Ontario’s Main Street Recovery Plan and intends to introduce the Main Street Recovery Act, 2020, proposed legislation that would support small businesses and modernize rules to allow them to innovate and meet the challenges of today. If passed, the act will remove hurdles faced by small businesses and allow them to pursue new opportunities — while maintaining or enhancing protections for public health, safety and the environment.

The plan includes:

  • A one-time grant of up to $1,000 for eligible main street small businesses — in retail, food and accommodations, and other service sectors — with two to nine employees to help offset the unexpected costs of personal protective equipment (PPE);
  • Ontario’s Small Business COVID-19 Recovery Network, which links 47 Small Business Enterprise Centres across the province as places where small businesses can access tailored advice and information on local, provincial and federal programs;
  • Digital Main Street Squads to help small businesses grow online;
  • Mental health supports for families, frontline workers, young people, children, and Indigenous communities;
  • Ontario’s Small Business Recovery Webpage to provide single window access to small business supports.

“Small businesses are the backbone of Ontario’s economy, and our government will always be in their corner. Through more than 100 virtual roundtables and discussions with small business owners, their employees, local leaders and economists from all over Ontario, I’ve heard directly about the extraordinary sacrifices small businesses have made to keep their employees safe, their customers confident, and their communities strong,” said Minister Sarkaria. “Our government is standing with main street businesses, and we remain committed to their recovery and renewed success. We are determined to support them through this pandemic and beyond.”

The plan’s regulatory and legislative changes, if passed, will:

  • Commit to exploring options to permanently allow licensed restaurants and bars to include alcohol with food as part of a takeout or delivery order before the existing regulation expires;
  • Permanently allow 24/7 deliveries to businesses that include retail stores, restaurants, and distribution facilities;
  • Support the distribution of local food and food products by increasing the range of products sold at the Ontario Food Terminal;
  • Enable Community Net Metering demonstration projects to help support local communities to develop innovative community projects like net-zero or community micro-grids;
  • Modernize the Assistive Devices Program;
  • Support Ontario’s Taxi and Limousine Industry by increasing fines for illegal operators.

“Small business owners and entrepreneurs have overcome significant challenges and made extraordinary sacrifices to continue contributing to our communities through these unprecedented times,” said Peter Bethlenfalvy, President of the Treasury Board and Minister Responsible for Digital and Data Transformation. “Providing new, easy-to-use and innovative tools, like our Small Business Recovery Webpage, will give them the information they need to reopen safely and rebuild better in one central location. It’s another way we’re building a smarter government.” 

“Ontario’s small businesses were hit hard by COVID-19, but they were the among the first to step up and demonstrate the best of the Ontario Spirit by bringing forward their innovative ideas and solutions in our time of need,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “Building on the steps we took at the outset of the pandemic to provide urgent economic relief to struggling small businesses, Ontario’s Main Street Recovery Plan will help get more and more small businesses back on their feet as we continue down the path to economic recovery together.”

Quick Facts

  • The Workplace PPE Supplier Directory provides businesses with information on personal protective equipment (PPE) suppliers.
  • Ontario is helping businesses overcome the unique challenges created by this pandemic with 50 temporary regulatory changes made to help them adapt and about 400 more roadblocks being explored.
  • The $50-million Ontario Together Fund is helping businesses retool their operations to produce PPE and develop technology-driven solutions and services for businesses to reopen safely.
  • The Ontario government reduced the small business Corporate Income Tax rate by 8.7%, starting on January 1, 2020. This will deliver up to $1,500 in annual savings to more than 275,000 businesses.
  • Ontario’s new COVID-19 Economic Recovery Act is laying the foundation to restart jobs and development, strengthen communities, and create opportunity for people in every region of the province.

Additional Resources

Ontario government mandates workplace screening of all workers and essential visitors

October 1, 2020

As you know, over the past week the government of Ontario has introduced a number of new or revised regulations and guidelines to address the province’s increasing COVID-19 infections and transmission rates.

I would like to make sure you are aware of one important regulation that came into effect September 26, 2020 that requires organizations and businesses to implement mandatory screening for workers and essential visitors.

This regulation is part of the September 25 amendment to Ontario Regulation 364/20 “Rules For Areas In Stage 3” under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.

Under SCHEDULE 3 – SPECIFIC RULES – Compliance: 1, the amendment states: 

  1. The person responsible for a place of business that is open shall ensure that the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and the regulations made under it.
  2. The person responsible for a place of business that is open shall operate the business in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Downloadable questionnaire

In connection with this amendment, the Ministry of Health has issued a “COVID-19 Screening Tool for Workplaces” which sets out the requirements of the Office of the Chief Medical Officer of Health and provides required screening questions.

You can download the Screening Questionnaire at this link:
Workplace Screening Guidance.pdf

The government instructs that:

  • Workplaces should implement this screening for any workers or essential visitors entering the work environment.
     
    • ‘Workers’ refers to staff (e.g., workers) and is intended to include students, contractors or volunteers that conduct business or related activities where applicable and appropriate.
    • ‘Essential visitors’ include individuals providing a service in the establishment who are not employees or patrons of the establishment (e.g., delivery, maintenance, contract workers) 
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The questionnaire should be used to screen individuals for COVID-19 before or when a worker enters the workplace at the beginning of their day or shift, or when an essential visitor arrives.

NOTE: The screening is not required for patrons entering a workplace (e.g., customers entering a grocery store, restaurant, bar or other food or drink establishment).  Nor is it required for emergency services or other first responders entering a workplace for emergency purposes.

Required Screening Questions

The  downloadable sheet is laid out with appropriate checkboxes in place to answer three (3) required questions:

  1. Do you have any of the following new or worsening symptoms or signs? Symptoms should not be chronic or related to other known causes or conditions
    • This is followed with a checklist of symptoms such as ‘fever and chills’, ‘sore throat, trouble swallowing’ and includes mild symptoms of many infections, such as ‘runny nose/stuffy nose or nasal congestion’
  2. Have you travelled outside of Canada in the past 14 days
  3. Have you had close contact with a confirmed or probable case of COVID-19?

If the individual answers YES to any questions from 1 through 3, they have not passed and should be advised that they should not enter the workplace (including any outdoor, or partially outdoor, workplaces).

They should go home to self-isolate immediately and contact their health care provider or Telehealth Ontario (1 866-797-0000) to find out if they need a COVID-19 test. 

In the case of an employee not passing the screening questionnaire and being advised to go home to self-isolate, payment will be subject to the existing and ordinary sick leave provisions of the employer.

I would like to return for a moment to the Compliance section of the Amendment noted earlier. The Ministry specifically states that

  • employers must also meet all obligations under the Occupational Health and Safety Act (“OHSA”)

implying that at a minimum, employers must conduct the mandated screening in accordance with employer health and safety obligations under the OHSA.

In addition, the business must be operated

  • in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

To ensure that your workplace has instituted and is maintaining safe protocols and practices, you may wish to revisit the Ontario Workplace Reopening Guide and Toolkit which I advised you of in mid June.

You may also wish to visit the new Ontario Together PPE Directory, which has listings for masks, sanitization, eye protection, gowns, gloves and sneeze guards.

As I advised last week, the government has also announced that it has begun the process of training and hiring 97 new workplace health and safety inspectors.

I will continue to provide you with information about COVID-19 related regulations in the workplace as they are announced and implemented by various governments and public health officials.

New COVID-19 Federal programs, CERB to move to EI

September 25, 2020

Transition from CERB to EI, new COVID-19 related federal programs outlined.

Over the past two days the federal government has revealed the specifics of plans outlined on August 20 for programs to support Canadians impacted by the continuing COVID-19 pandemic.

One of these plans is the transitioning of Canadians receiving the CERB (Canada Emergency Response Benefit) to a temporarily altered EI (Employment Insurance) program.

In addition, for workers not eligible for EI, Bill C-2, An Act relating to economic recovery in response to COVID-19
 was tabled in Parliament on September 24 to create three new temporary Recovery Benefits to help support Canadians unable to work for reasons related to COVID-19. 

I have provided top line information for you below. Full details can be found on the Government of Canada website:

Transition from CERB to EI: 
Programs included in Bill C-2
 

Transition from CERB to EI

Timing

The transition from CERB to the revised EI will begin September 27.

The majority of Canadians still receiving the CERB through Service Canada who are eligible for EI will be automatically transitioned. 

Service Canada will contact all EI clients to confirm whether they need to apply or are being transitioned automatically. (Exceptions noted below)

Details

  • Canadians receiving EI are eligible for a taxable benefit at a rate of at least $500 per week, or $300 per week for extended parental benefits. 
  • Canadians claiming EI benefits for job loss would be eligible for at least 26 weeks.
  • Returning to the EI program will allow claimants to benefit from the Working While on Claim rules. 
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The rules allow claimants to keep receiving part of their EI benefits and all their earnings from work.

NOTE: Employers are able to make use of registered Supplemental Unemployment Benefit (SUB) plans to provide support to employees.  

The EI program will also allow Canadians with 120 hours of insurable work or more to qualify by providing a temporary, one-time credit of 300 insurable hours for those claiming EI regular and work-sharing benefits. 

  • Canadians claiming EI special benefits – including maternity, parental, sickness, compassionate care, and family caregiver – will be provided with a temporary, one-time credit of 480 insurable hours.
  • Waiting period will be waived for EI sickness benefit claimants to encourage compliance with public health measures. 
  • Requirement to provide a medical certificate will also be waived for all sickness claimants
    • Service Canada will retain the ability to request evidence of sickness for integrity purposes.  

Some Canadians will need to apply to Service Canada to access EI benefits. These include:

  • 900-series Social Insurance Numbers holders;
  • self-employed workers who received benefits through Service Canada; and,
  • Canadians who received the CERB from the Canada Revenue Agency but could have 120 hours of insurable and meet the other eligibility criteria.

As is normally the case, Canadians become eligible for their first EI payment at the end of the two weeks that they are out of work. This means, for example, that those switching to EI from CERB effective September 27, 2020, will be eligible for their first EI payment as of October 11. 


Programs outlined in Bill C-2


If passed, the legislation would create:

  • A Canada Recovery Benefit (CRB) of $500 per week for up to 26 weeks, to workers who are self-employed or are not eligible for EI and who still require income support. This Benefit would support Canadians who have not returned to work due to COVID-19 or whose income has dropped by at least 50%.
  • A Canada Recovery Sickness Benefit (CRSB) of $500 per week for up to two weeks, for workers who are sick or must self-isolate for reasons related to COVID-19 and do not have a paid sickness benefit plan or granted paid leave for that period.
  • A Canada Recovery Caregiving Benefit (CRCB) of $500 per week for up to 26 weeks per household, for eligible Canadians unable to work because they must care for a child under the age of 12 or family member because schools, day-cares or care facilities are closed due to COVID-19 or because the child or family member is sick and/or required to quarantine.  

The announcement also changes the established minimum weekly benefit payment for all EI recipients to $500 — the same level as the CRB.
 
Canadians will be able to apply for the CRB, CRSB, and CRCB through the Canada Revenue Agency (CRA) for one year up until September 25, 2021.

Ontario adds workplace inspectors

September 23, 2020

Ontario to hire 98 health and safety workplace inspectors, offer COIVD-19 testing at pharmacies.

The Government of Ontario today announced that it will be hiring 98 new labour inspectors with the responsibility of monitoring health and safety in workplaces. Training for the inspectors is set to begin ‘in the fall’ according to the text of the announcement, which I have included below.

The government also announced that pharmacies in the province will soon begin offering COVID-19 testing with as many as 60 pharmacies offering the by-appointment service this Friday “with further locations coming online in the coming weeks”.

In regards to the health and safety inspectors, the new officers will be checking and enforcing that workplaces are following occupational health and safety legislation.

They will have broad powers to:

  • inspect any workplace and ensure they have COVID protections in place;
  • investigate any potentially hazardous situation, critical injury, fatality and work refusal;
  • order compliance with the legislation;
  • stop unsafe work from being performed; and
  • recommend and initiate prosecutions.
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To ensure that your workplace has instituted and is maintaining safe protocols and practices, you may wish to revisit the Ontario Workplace Reopening Guide and Toolkit which I advised you of in mid June.
 
You may also wish to visit the new Ontario Together PPE Directory, also announced today, which has listings for masks, sanitization, eye protection, gowns, gloves and sneeze guards.

News Release

September 23, 2020

Ontario Set to Employ the Largest Number of Labour Inspectors in Provincial History
New Inspectors will help Keep Workers Safe on the Job during COVID-19

TORONTO – The Ontario government is launching a recruitment campaign to increase its team of frontline health and safety inspectors by 98 and help ensure workplaces across the province are doing their part to prevent the spread of COVID-19. With these new hires, there will be more labour inspectors on the ground than ever before in the province’s history.    

“Our government is taking the steps necessary to protect Ontario workers on the job and keep our economy on the road to full recovery,” said Minister of Labour, Training and Skills Development Monte McNaughton. “By adding more inspectors to our team, we can respond faster to situations as they arise and help make sure that every office, plant, store and job site in this province is safe, during COVID-19 and beyond.

The hiring of these new workers will see the number of active inspectors in the province increase from 409 to 507, an increase of 24 per cent. Training is set to begin later this fall.

The new inspectors will play a key role in protecting workers by checking and enforcing that workplaces are following occupational health and safety legislation. The will have broad powers to:

  • inspect any workplace and ensure they have COVID protections in place;
  • investigate any potentially hazardous situation, critical injury, fatality and work refusal;
  • order compliance with the legislation;
  • stop unsafe work from being performed; and
  • recommend and initiate prosecutions.

The full-year cost for the new inspectors will be $11.6 million. Recruitment of the inspectors will begin in early October 2020. Applicants will have one month to apply.

“Nothing is more important than protecting the health and safety of our workers,” said Minister McNaughton. “By building the largest labour inspectorate in history, we’re in the best position to do just that.”

To help ensure that employers have the resources and equipment they need to keep their employees safe, including Personal Protective Equipment (PPE), the government launched the Ontario Together PPE Directory. With listings for masks, sanitization, eye protection, gowns, gloves and sneeze guards, the directory is another tool to help keep everyone safe while on the job.

QUICK FACTS

  • Inspectors are provincial offences officers designated under the Provincial Offences Act and are appointed as inspectors under Occupational Health and Safety Act.
  • Between March 11 and September 8, 2020, Ministry of Labour, Training and Skills Development inspectors conducted 19,411 inspections and investigations related to COVID-19 and issued 16,520 orders while on those visits.
  • Any worker who thinks they are working in unsafe conditions should report their concerns to Ontario’s Health and Safety Contact Centre, at 1-877-202-0008.

ADDITIONAL RESOURCES

Government of Ontario announces extension to protection against termination and severance liabilities

September 4, 2020

I advised you in early August that the Government’s response to the COVID-19 pandemic and the declaration of a state of emergency had required a number of amendments to the Employment Standards Act (2000) that had an impact on temporary layoffs of your employees.

Specifically, I advised you that “Employees who continue to experience reduced hours or wages after September 4, 2020, could attempt to claim that their employment has been terminated and assert various claims for compensation.”

I also encouraged you to examine your operational needs and, if able, take steps to recall workers back to work or adjust current salary reductions before September 4, 2020.  

Yesterday, September 3, the government extended employer protection against automatically triggered severance liabilities under the Employment Standards Act until January 2, 2021.

In practical terms, this means that any employees placed on temporary leave due to reduced demand because of COVID-19 can remain on temporary leave without penalty under the Employment Standards Act until such time as your workload requires their return, or until January 2, 2021.

Please note that while the protection from termination under the Employment Standards Act  has been extended the issue of whether a temporary layoff under common-law amounts to a termination has still to be determined by the courts. I will keep you updated on this issue.

Employees at businesses that have fully reopened continue to have job protection through the Infectious Disease Emergency Leave if they need to stay home to isolate or quarantine or take care of a loved one due to COVID-19. This includes parents who decide not to send their children back to school due to concerns about COVID-19.

News Release

September 3, 2020

Ontario Extends Support for Employers and Employees Impacted by COVID-19

Protecting jobs by helping businesses avoid costly payouts and closures

TORONTO – The Ontario government is helping protect jobs and businesses by extending protection to prevent temporary layoffs from automatically becoming permanent job losses. Although Ontario is now in Phase 3 of reopening, this extension will give businesses more time to reopen and return to full operations.

This extension will last until January 2, 2021. 

Under Ontario labour laws, termination of an employee after 13 weeks of being temporarily laid off triggers costly payouts which, for many businesses, could be the difference between survival and closure. This regulatory amendment delays these terminations and severance liabilities.

“As our government continues to take the necessary steps to safely reopen the economy, we need to protect the businesses and employees impacted by COVID-19.,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “The cost of termination and severance pay can make it impossible for a business to survive and reopen. That’s why we acted to make sure businesses survive and workers have jobs to come back to.”

QUICK FACTS

  • Termination and severance obligations can create a significant financial burden for business. For example, a restaurant with 30 employees could be liable for termination payments as high as $100,000.
  • This measure does not apply to employees represented by a trade union. The government encourages parties in collective bargaining relationships to work together to resolve workplace issues.
  • Ontario’s unemployment rate in July was 11.3%.
  • Employees at businesses that have fully reopened continue to have job protection through the Infectious Disease Emergency Leave if they need to stay home to isolate or quarantine or take care of a loved one due to COVID-19. This includes parents who decide not to send their children back to school due to concerns about COVID-19.
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Return To Work Toolkit – Mental Health

September 1, 2020

One of the potentially overlooked aspects of people returning to the workplace in the coming weeks and months is the effect that living with the COVID-19 situation in our community can have on an individual’s mental health.

Many people are feeling anxious about physically going back to work but may be struggling in silence or are not comfortable discussing the impact these uncertain times are having on them.

My client the Canadian Mental Health Association Ontario Division has prepared a Return To Work Toolkit to help employers recognize and address some of these issues and situations and provide strategies for a safe psychological return to the workplace.

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CEO Camille Quenneville has provided me a copy for distribution that you may find helpful for your employees and in your workplace.

You can download the pdf file through this link: 
RETURN TO THE WORKPLACE: A psychological toolkit for heading back to work

It comes with an extremely high recommendation from Kelly Hannah-Moffat, PhD, who is Vice President of Human Resources & Equity and a Professor of Criminology and Sociolegal Studies at the University of Toronto.

I hope you will also find it helpful. 

Canada and Ontario extend benefits, assistance and orders

August 21, 2020

The governments of Ontario and Canada both announced extensions yesterday to orders and benefits programs introduced in response to COVID-19 and its effects on the economy and employment. The federal government also announced changes to the Employment Insurance (EI) Program as well as three new benefits that will extend through the next year.

I am providing a summary of the provincial and federal announcements for you as well as the full text of the Ontario government News Release and appropriate links to the Government of Canada website.

Ontario
The provincial government has extended most orders under the Reopening Ontario Act (ROA) passed on July 21, 2020, which was in turn passed to ensure certain measures remained in place when the provincial Declaration of Emergency came to an end.

As I have advised previously, to a large extent these are housekeeping matters in that the ROA orders can be extended for up to 30 days at a time, or, alternately, can be ended.

All orders under the ROA have been extended to September 22, 2020, with the following exceptions:

  • The Education Sector order will end on August 31, 2020.
  • The Limitation Periods order will end and suspended time periods will resume running on September 14, 2020.
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A full list of continuing orders is in the text of the News Release below.

Canada
The federal government will extend the Canada Emergency Response Benefit (CERB), make changes to the Employment Insurance (EI) Program and introduce three new recovery mechanisms: the Canada Recovery Benefit, Canada Recovery Sickness Benefit and Canada Recovery Caregiving Benefit.

Extension of the Canada Emergency Response Benefit (CERB)
The CERB will be extended by an additional four weeks to a maximum of 28 weeks, meaning eligible recipients can access CERB until the end of September. At that point, qualifying recipients will be transitioned to either the extended EI program or the proposed Canada Recovery Benefit, both outlined below.

NOTE: The 4-week extension of the CERB and temporary changes to the EI program can be enacted via regulatory changes, however the Canada Recovery Benefit, as well as the other new benefits outlined below, will require legislation to be passed by Parliament. Finance Minister Chrystia Freeland indicated legislation will be tabled once Parliament resumes on September 23, 2020.

Changes to the Employment Insurance (EI) Program
As of September 27, the federal government will be implementing a simplified Employment Insurance (EI) program for one year.

The following measures will be added to help individuals access EI benefits more easily:

  • individuals who receive EI will be eligible for a minimum benefit rate of $400 per week, or $240 per week for extended parental benefits;
  • the threshold of work hours required to qualify will be lowered to a minimum of 120 hours; and,

EI will be extended to at least 26 weeks of regular benefits.
In addition, the government will freeze the EI insurance premium rates for two years.

New Income Support Benefits
With the assumption that the legislation will be passed with the resumption of Parliament, the three new recovery mechanisms will be effective for one year beginning September 27, 2020.

Canada Recovery Benefit

  • Provides a benefit amount of $400 per week for up to 26 weeks to workers who are not eligible for EI, mainly the self-employed and those working in the gig economy.
  • As with individuals on EI, recipients will be able to earn more income while receiving the benefit and will have access to employment and training tools and services.

Canada Recovery Sickness Benefit

  • Provides $500 per week, for up to two weeks, for workers who are unable to work because they are sick or must self-isolate due to COVID-19.
  • This benefit would be available only to individuals without paid sick leave through their employer.

Canada Recovery Caregiving Benefit

  • Provides $500 per week, for up to 26 weeks per household.
  • To be eligible individuals must have been unable to work for at least 60% of their normally scheduled work within a given week because they must provide care to a child or a family member with a disability or a dependent.

The details on each of these three new programs can be found on this page Government of Canada website: Supporting Canadians Through the Next Phase of the Economy Re-opening: Increased Access to EI and Recovery Benefits.

News Release

August 20, 2020

Ontario Extends Orders Under the Reopening Ontario Act, 2020

Extensions needed to address ongoing risks of COVID-19 as province reopens

Ministry of the Solicitor General

TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, is extending orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA). The extensions provide the government with the necessary flexibility to address the ongoing risks and effects of the COVID-19 outbreak and ensure important measures remain in place to protect vulnerable populations, such as seniors, people with developmental disabilities and those with mental health and addiction issues.

All orders under the ROA have been extended to September 22, 2020, with the following exceptions:

“We’ve seen great progress in our fight against COVID-19 in recent weeks, but now is not the time to let our guard down,” said Solicitor General Sylvia Jones. “We must continue safely and gradually down the path to recovery while tackling the ongoing effects of this pandemic. We’re conducting an ongoing review and assessment of all orders to determine if they are still necessary and will relax restrictions or lift orders when it is safe to do so.”

On July 21, 2020, the Ontario Legislature passed the ROA to ensure important measures remained in place to address the sustained threat of COVID-19 once the provincial Declaration of Emergency came to an end. Orders, made under the Emergency Management and Civil Protection Act (EMCPA) that were in effect when the ROA came into force, were continued under the new act for an initial 30 days. Under the ROA, orders can be extended for up to 30 days at a time.

The government will continue to review all orders and will report on order extensions to the newly created Select Committee on Emergency Management Oversight.

The following orders under the ROA have been extended until September 22, 2020:

Important timing implications for Employers with the end of Ontario’s declared emergency

August 5, 2020

Important timing implications for Employers with the end of Ontario’s declared emergency

On July 24, 2020, Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 came into force and the declared emergency in Ontario came to an end.

As I advised last week, the purpose of Bill 195 is to allow most orders made under sections 7.0.2 and 7.1 of the Emergency Management and Civil Protection Act to remain in force despite the end of the declared emergency. These orders remain in force for 30 days (until August 24, 2020), but can be extended for additional 30 day periods if necessary. 

While the extension of these orders has little effect on workplaces in general, the end of the declared emergency does affect leaves of absence available under the Employment Standards Act, 2000 (ESA).

There are three types of leave that may have been utilized over the past few months, and it is important that you be aware of the differences and timing implications of each.

Emergency Leaves of Absence and Infectious Disease Emergency Leave (IDEL)

The ESA of 2000 provides for a declared emergency leave of absence, which generally requires a state of emergency to be in effect. 

On March 19, 2020, with the onset of the COVID-19 pandemic, the government of Ontario passed Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020. 

This amendment introduced the Infectious Disease Emergency Leave (IDEL) in order to provide job-protected leave to employees in isolation or quarantine due to COVID-19, or to those who needed to be away from work to care for children because of school or day care closures or to care for other relatives.

On May 29, 2020, as the various impacts of COVID-19 became evident, a further regulation was introduced specifically amending the layoff provisions of the ESA. 

This regulation stated that any non-unionized employee whose hours were temporarily reduced or eliminated, or whose wages were temporarily reduced or eliminated for reasons related to COVID-19 was deemed to be on IDEL as of March 1, 2020.

These amendments have resulted in a situation where entitlements may have been initiated under differing rules and regulations, and hence expire at different times.
It is important that you understand which leave of absence is being used, and be aware of the applicable ending date.

Ending of Entitlements

Since the province’s declared emergency ended on July 24, 2020,  employee entitlement to the ‘standard’ emergency leave of absence  – that is the leave of absence of the original ESA (2000) – effectively ended on July 24, 2020.

However, entitlement to IDEL is not dependent on the existence of a state of emergency, it is premised on COVID-19 being designated as an infectious disease under the ESA. 

At the time of the Amendment, on March 19, the government stated that leave would remain in place as long as COVID-19 remains designated as an infectious disease emergency by regulation and the employee remains unable to attend at work due to certain circumstances and criteria. 

COVID-19 does remain designated an infectious disease emergency and employees who meet the qualifying circumstances are still entitled to the leave despite the end of the overall declared emergency. (I have listed the circumstances at the end of this email.)

The regulations of May 29, however, specifically address layoffs and the reduction or elimination of hours or wages due to COVID-19 related circumstances. For non-union employees who are deemed to be on IDEL leave under this regulation, the period is defined as beginning on March 1, 2020 and the leave ends September 4, 2020 – six weeks after the day the declared emergency ended on July 24, 2020.

Implications for Employers

It is unlikely that employees utilized the ‘standard’ declared emergency leave under the ESA and that their leave ended July 24 with the declaration of the end of the emergency. Please contact me if you require clarification on this.

It is more likely that the IDEL under the May 29 regulations addressing layoffs has been utilized, or the IDEL for some employees who have been personally affected by COVID-19.

The end of the deeming rule on September 4, 2020, means that the usual rules regarding temporary layoffs under the ESA will apply again. Employees who continue to experience reduced hours or wages after September 4, 2020, could attempt to claim that their employment has been terminated and assert various claims for compensation. 

This places employers operating at a reduced capacity due to COVID-19 at significant risk if appropriate steps have not been taken to address the temporary lay-off provisions of the ESA.  

I advise you to examine your current operational needs and, if able, take steps to recall workers back to work or adjust current salary reductions before September 4, 2020. 

After September 4 the employee(s) can be placed on a traditional statutory layoff, if necessary, under which the temporary layoff must not last more than 13 weeks in a 20 consecutive week period.

As I mentioned, for employees who have been or are being affected by COVID-19 personally, the IDEL may still apply if they are unable to attend at work due to one of the circumstance outlined below:

  • The employee is under medical investigation, supervision or treatment for COVID-19.
  • The employee is acting in accordance with an order under the Health Protection and Promotion Act.
  • The employee is in isolation or quarantine in accordance with public health information or direction.
  • The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
  • The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
  • The employee is prevented from returning to Ontario because of travel restrictions.
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Employees can also utilize this leave to care for the following individuals:

  • The employee’s spouse.
  • A parent, step-parent or foster parent of the employee or the employee’s spouse.
  • A child, step-child or foster child of the employee or the employee’s spouse.
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  • A nephew or niece of the employee or the employee’s spouse.
  • The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
  • A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
  • Any individual prescribed as a family member for the purposes of this section.

More Ontario Regions Move to Stage 3, Passage of Bills 195 and 197, Government Adjournment

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 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.