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COVID-19 Employer Support

As information is rapidly developing on COVID-19, Mathews Dinsdale is committed to assisting employers in dealing with the impacts of COVID-19 on the workplace. This remains a very fluid situation and we will continue to update our clients as circumstances change. To address specific issues, please speak with your Mathews Dinsdale lawyer.

Our team of lawyers are working closely with employers across the Country to evaluate their polices and responses to the COVID-19 outbreak, including taking proactive steps to decrease risk and providing employees with timely and accurate advice to deal with workplace issues.

Mathews Dinsdale has also established a 24 hour COVID-19 support line which will provide even more immediate connection to one of the Firm’s lawyers:

1.855.632.4647

Employers may also email covid19help@mathewsdinsdale.com to directly connect with the Firm’s COVID-19 response team.

Select the red arrows below located next to Insights and Events to access resources previously and currently published for employers about COVID-19 and the workplace.

Mathews Dinsdale practices workplace law on behalf of employers. If you are seeking medical information on COVID-19 or information on government assistance programs please visit the Government of Canada COVID-19.

Stay informed by subscribing to our electronic notifications here.

Insights

In A Flash

Mandatory Vaccination Policy Resulting in Termination of Employment Upheld in the Hospital Context

In a recent released decision an Ontario Arbitrator held that the Employer’s decision to terminate unvaccinated employees was reasonable under the circumstances.

COVID-19

CERB is not Deductible From Wrongful Dismissal Damages: B.C. Court of Appeal

Employees who received CERB following termination of employment will no longer have those benefits deducted from any award of wrongful dismissal damages.

COVID-19

B.C. Supreme Court: Unpaid Leave for Violation of Mandatory Vaccination Policy Is Not Termination of Employment

Believed to be the first civil court decision of its kind in Canada, the BC Supreme Court has dismissed an employee’s claim for constructive dismissal which was brought after the employee was placed on an unpaid leave of absence for failing to comply with her employer’s mandatory vaccination policy.

COVID-19

Federal Government Announces Lifting of COVID-19 Border Measures

The Federal Government has announced that effective October 1, 2022, all COVID-19 border measures will be lifted. This article details what this means for travellers.

COVID-19

Vaccination Double-Shot: Enforcing Mandatory Policies

In two recent awards, Ontario arbitrators held it was reasonable for employers to insist on employees getting at least two doses of a COVID-19 vaccine, even in the context of the Omicron variant.

COVID-19

Ontario Arbitrator Finds Three-Dose Vaccination Policy Reasonable in Long-Term Care Home

Arbitrator upheld a mandatory three-dose vaccination policy in a long-term care home setting and found the employer even had a positive obligation to impose the policy, despite revocation of the Government Directive mandating vaccination policies in long-term care homes.

COVID-19

Ontario Arbitrator Finds University’s COVID-19 Vaccination Policy Reasonable

In a recent Ontario decision, Arbitrator Wright held that the COVID-19 Vaccination Policy was a reasonable exercise of management rights.

COVID-19

Resignation or Constructive Dismissal for Non-Compliance with Mask Policy? Alberta Courts Weigh In.

AB Court ruled an employee who was put on an unpaid leave of absence due to refusing to comply with the employer’s mandatory Mask Policy, did not amount to constructive dismissal. Rather, the Court determined that the employee had resigned.

COVID-19

Ontario Arbitrators Issue New Awards on Employer COVID-19 Vaccine Mandates

Earlier in June, Arbitrator Stewart upheld Alectra Utilities Corporation’s COVID-19 vaccination policy. Days later, Arbitrator Nairn rendered FCA Canada Inc.’s vaccination policy to be of no force or effect. Are these decisions as inconsistent as they seem?

COVID-19

Government Lifts Vaccine Mandate for Federal Public Servants and Transportation Workers

Federal government announces that effective June 20, 2022, it will lift COVID-19 vaccine requirements for federal public servants and transportation workers. Some vaccine mandates for domestic and outgoing travel will also be suspended.

COVID-19

Ontario Lifts Most Remaining Mask Mandates

COVID-19 mask mandates will be lifted on June 11, including those in hospitals and on public transit. The existing mask mandates in long-term care and retirement homes will remain in effect.

COVID-19

Ontario Court of Justice Issues the First COVID-19 Prosecution of an Employer Under Occupational Health and Safety Laws

An ON employer has been convicted and fined $125,000, under OHSA for failing to take the reasonable precautions necessary to protect against the transmission of COVID-19.

COVID-19

Recent COVID-19 Vaccination Policy Decisions

In recent weeks, arbitrators have released several new decisions related to COVID-19 vaccination policies implemented by employers. We provide an overview of these new decisions and how they compare to prior decisions

COVID-19

Federal Government to Lift Pre-Entry COVID-19 Testing Requirements for Fully Vaccinated Travellers

Federal Government announced effective April 1, 2022, fully vaccinated travellers will no longer be required to provide proof of a negative COVID-19 test result to enter Canada.

COVID-19

Step 2 of 3: Alberta Lifts More COVID-19 Public Health Measures

Effective March 1, 2022 Alberta lifted almost all remaining COVID-19 public health restrictions and is officially in “Step 2” of a three-phased approach in moving towards an endemic and out of the pandemic phase.

COVID-19

Arbitrator Rules COVID-19 Pandemic Was A “Once-in-a-Lifetime” Event That Did Not Trigger Layoff/Severance Provisions

This Alberta decision is significant for employers across Canada faced with similar claims related to unforeseeable and unpreventable impacts and disruptions caused by the COVID-19 pandemic.

COVID-19

Federal Government Announces Easing of COVID-19 Border Measures

Government of Canada has announced the easing of certain COVID-19 border measures in light of Canada’s high vaccination rate and decreasing hospitalization rates. New measures will come into effect on February 28, 2022

COVID-19

Alberta’s Restrictions Exemption Program Ends: Province Begins to Reopen (Again)

Alberta’s Restrictions Exemption Program officially ended on February 8, 2022 and Alberta is officially in “Step 1” of a three-phased “Return to Normal” approach.

COVID-19

Ontario Easing Public Health Restrictions as of January 31, 2022

The Government of Ontario announced that it will gradually ease public health restrictions beginning January 31/22. Certain businesses which were previously required to close will be permitted to reopen at 50 percent capacity.

COVID-19

Critical Worker Exemption: Select Alberta Employees Can Attend at Work While COVID-19 Positive

Alberta’s Chief Medical Officer of Health issued a new order exempting “critical workers” from Alberta’s public health isolation requirements for work-related purposes.

COVID-19

Ontario Arbitrators Uphold Vaccination Policies

Over the past few months, more Ontario arbitrators have released decisions on COVID-19 vaccination policies implemented by employers. This article will provide an update on the new decisions and how they compare to prior decisions.

COVID-19

All British Columbia Businesses Must Have COVID-19 Safety Plans in Place

As a result of the considerable increase in COVID-19 cases and transmission in BC, the Provincial Health Officer has announced businesses must again implement/revive their COVID-19 Safety Plans. What does this mean for employers in BC.

COVID-19

New COVID-19 Restrictions Imposed in Ontario, Including Remote Work Requirements

ON returns to a modified version of Step 2 of the province’s Roadmap to Reopen. Restrictions effective Wednesday, January 5/22 and last until at least January 26/22, subject to the status of public health indicators.

COVID-19

Federal Government Amends Federal Leave Provisions and Criminal Code: Bill C-3

Federal Government to implement 10 days’ paid sick leave for federally-regulated employees, among other protections for health care workers.

COVID-19

B.C. Introduces COVID-19 Closure Relief Grant for Businesses Impacted by Recent Closure Orders

This Grant is a one-time payment that will range from $1,000 to $10,000 for businesses recently mandated to temporarily shut down by the latest public health orders.

COVID-19

Quebec Administrative Labour Tribunal Deems Air Canada Employee Eligible for Workers’ Compensation after Slip and Fall While Working From Home

This case highlights concerns for employers regarding the risks and impact of workers sustaining injuries while working from home.

COVID-19

Vancouver Hotel Facing Class Action Lawsuit by Former Employees Terminated as a Result of the COVID-19 Pandemic

A review of the B.C. Supreme Court certification of a class action lawsuit brought by former employees against the owners of the Pan Pacific Hotel in relation to employment being terminated as a result of the COVID-19 pandemic.

COVID-19

Federal Government Announces Updates to COVID-19 Border Measures

The Government of Canada has announced modifications to the current COVID-19 border measures, specifically reintroducing pre-entry testing requirements for all travellers entering Canada and more.

COVID-19

Canadian Government Moves Toward Mandatory Vaccination for All Federal Workplaces

Mandatory vaccination is coming to the entire federal sector. New Regulations are expected to come into effect in January 2022.

COVID-19

Ontario Extends Suspension of Temporary Layoffs to July 30, 2022

The Ontario Government has further extended the existing measures designed to delay temporary layoffs from triggering ESA termination and severance liabilities.

COVID-19

Federal Government Announces New COVID-19 Border Measures to Address “Omicron”

The Federal Government has announced additional border measures and travel restrictions to address the new Omicron variant of concern.

COVID-19

5 Days of Annual Paid Sick Leave Coming to B.C. Workplaces

The British Columbia provincial government has announced B.C. will institute a new, permanent paid sick leave program, effective January 1, 2022.

COVID-19

Federal Government Announces Changes to COVID-19 Border Measures

The Government of Canada has announced several modifications to current border measures, some coming into effect as early as November 30, 2021.

COVID-19

Interim Order Delaying Mandatory Vaccination Policy Denied

The BC Labour Board recently denied an application for an interim order challenging the mandatory vaccination policies of a number of large public sector employers.

COVID-19

Ontario Arbitrator Issues New Award on Vaccination Policy

Employers now have several arbitration decisions to help guide their COVID-19 policies, with more expected in the near future.

COVID-19

Ontario Arbitrator Upholds Employer’s Mandatory Vaccination Policy

ON arbitrator dismissed a policy grievance challenging the Employer’s mandatory COVID-19 vaccination policy. The mandatory COVID-19 vaccination policy was upheld and found to be reasonable as it was compliant with the Ontario Human Rights Code.

COVID-19

Updated Guidance on Use of ROE Codes for Employee Non-Compliance with Mandatory Vaccination Policies

Employment and Social Development Canada has released updated guidance on what codes to use in what circumstances, and what questions an employer can expect to answer.

COVID-19

Mandatory Vaccination Requirements Imminent for Federal Public Servants, Federally Regulated Transportation Sector, and Travellers

The Canadian Federal Government announced much-anticipated, wide ranging new mandatory vaccine measures.

COVID-19

Ontario Human Rights Commission Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates

OHRC takes the position that mandating and requiring proof of vaccination to protect people at work or when receiving services is generally permissible under the Human Rights Code.

COVID-19

COVID-19 Vaccine Mandatory for B.C. Healthcare Workers

Effective October 26, 2021, vaccination will be a condition of employment for employees at all B.C. healthcare facilities. Also included are those working in settings such as home and community care facilities, including client homes.

COVID-19

Nova Scotia Announces Plans for Proof of Vaccination Policy

Nova Scotia will be implementing a Proof of Vaccination Policy effective October 4, 2021 that requires individuals to be fully vaccinated if taking part in activities that are “discretionary, recreational, or non-essential”.

COVID-19

Ontario to Require Proof of Vaccination in Certain Settings – Updated September 16, 2021

As of September 22, 2021, individuals will need to be fully vaccinated and provide proof of vaccination with photo ID to access certain public settings and facilities.

COVID-19

B.C. Reintroduces Mask Mandate

B.C. government officials issued a Public Health Order which reintroduced a mask mandate requiring people to wear masks in public, indoor spaces.

COVID-19

B.C. Government Announces “Vaccine Passport” for Discretionary Events in Province

Beginning in September, attendance at a wide variety of discretionary events in the province will be contingent on proof of vaccination – with no exceptions.

COVID-19

Toronto’s Medical Officer of Health Strongly Recommending Employers Institute COVID-19 Vaccination Policies

This recommendation follows the City of Toronto’s announcement that all City of Toronto employees must be fully vaccinated by October 30.

COVID-19

B.C. Expands Central Okanagan Restrictions to Entire Interior Health Region

A surge in cases in British Columbia’s Interior Health Region has prompted the government to institute restrictions for the entire region, including mandatory mask mandates, and limits to indoor and outdoor social gatherings.

COVID-19

Ontario Mandates Vaccination Policies for High-Risk Settings – Updated August 20/21

Ontario’s Chief Medical Officer of Health issued a directive mandating hospitals, ambulance services, and home & community care service providers to have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers effective no later than September 7, 2021.

COVID-19

Federal Government Announces Mandatory Vaccinations for the Federal Public Service and Federally Regulated Sectors

Federal Government expects all Federal Crown Corporations and employers in federally regulated sectors to require their employees to be vaccinated. The Government of Canada stated that they will work with employers to ensure this result.

COVID-19

B.C. Institutes Vaccination Mandate for Long-Term Care Workers

B.C. Provincial Health Officer has announced that all workers in long-term care and assisted living facilities in B.C. will be required to be vaccinated against COVID-19 as of October 12, 2021.

COVID-19

B.C. Institutes Regional Restrictions for Central Okanagan Region in Response to the Rise in COVID-19 Cases

B.C. Provincial Health Officer Bonnie Henry announced regional-specific restrictions for the Central Okanagan region of British Columbia.

COVID-19

Federal Government “Looking Into” Mandatory Vaccinations for Federal Workers

Prime Minister Justin Trudeau announced that he has asked the Clerk of the Privy Council to consider mandatory vaccinations for federal employees.

COVID-19

B.C.’s Office of the Human Rights Commissioner Releases “Proof of Vaccination” Guidance

In recently released policy guidance, B.C.’s Human Rights Commissioner outlines its view that vaccination policies need to strike a balance between upholding individual rights and protecting collective rights to health and safety.

COVID-19

Changes Coming to Canadian Border for American and International Travellers

Provided Canada’s COVID-19 epidemiology remains favourable, the Canadian border will soon be open to travellers fully vaccinated with Government of Canada-accepted vaccines.

COVID-19

Ontario Enters Step Three of Reopening Plan on July 16, 2021

All services, which were open under Step Two, such as construction, remain open under Step Three. Masking and physical distancing requirements remain in place throughout Step Three.

COVID-19

Alberta to Enter Final Stage of Reopening on July 1: What Employers Need to Know

Stage 3 is AB’s final stage in its reopening plan and will result in nearly all current COVID-19 related public health restrictions implemented by AB Health being lifted.

COVID-19

Ontario Enters Step Two of Reopening Plan on June 30, 2021

Ontario enters Step 2 of its Roadmap to Reopen on Wednesday, June 30, 2021. The Step Two restrictions are detailed in this article. All services, which were open under Step One, such as construction, remain open under Step Two.

COVID-19

Federal Government to Begin Easing Border Restrictions

Effective July 5th, Canadian citizens, permanent residents, and foreign nationals eligible to enter Canada under current travel restrictions will no longer be subject to the federal requirement to quarantine, or be required stay at a government-authorized hotel upon entry into Canada.

COVID-19

Alberta Enters Stage 2 of Reopening: What this Means for Employers & Workplaces

Mandatory work from home order is lifted but remote work is still recommended where possible. Employers must maintain health and safety measures to reasonably address the continuing COVID-19 hazard.

COVID-19

Ontario Arbitrator Upholds COVID-19 Rapid Testing on Construction Sites as Reasonable

Although this award was related to the construction industry specifically, it establishes that in the appropriate context, Ontario employers may implement reasonable COVID-19 rapid testing protocols to protect the health and safety of workers and the public.

COVID-19

Federal Government Announces Phased Approach to Adjusting Border Restrictions

Intended first step would be to allow fully-vaccinated Canadians, permanent residents and essential workers to enter Canada without the requirement to stay in a government-approved quarantine hotel upon arrival.

COVID-19

Ontario Enters Step One of Reopening Plan on June 11, 2021

On Friday, June 11, 2021, at 12:01 a.m., the Ontario government will enter Step One of its Roadmap to Reopen, a few days ahead of its target date of Monday, June 14, 2021.

COVID-19

Common Law on Layoffs Found to be “Inapplicable and Irrelevant” by Ontario Court

This article discusses the latest decision in Taylor, and the implications on existing and contemplated constructive dismissal litigation arising from pandemic-related layoffs.

COVID-19

Ontario Extends Suspension of Temporary Layoffs to September 25, 2021

The Ontario Government has extended the existing measures designed to delay temporary layoffs from triggering ESA termination and severance liabilities to September 25, 2021.

COVID-19

B.C. Supreme Court Deducts CERB Benefits from Wrongful Dismissal Damages

In the first reported judgement concerning this issue in B.C. we summarize the decision, and the impact of it for employers facing litigation, or threats of litigation, from former employees dismissed during the COVID-19 pandemic.

COVID-19

COVID-19 Restrictions to Continue Through Expiry of Ontario’s Stay-at-Home Order

Ontario’s Stay-at-Home Order expired, signalling the beginning of a gradual reopening of the province. In this article, we explore Ontario’s COVID-19 plan for reopening and how this recent change affects businesses and workplaces.

COVID-19

Paid Leave Now the Law in B.C.

Bill 13 – the Employment Standards Amendment Act (No. 2), 2021 received Royal Assent and is now law in B.C. Bill 13 requires employers to provide paid COVID-19-related leave to eligible employees, for up to a maximum of 3 days.

COVID-19

Ontario Announces Roadmap to Reopen the Province

ON has announced a three step plan to reopen the Province, tentatively planned to begin the week of June 14 2021. Certain outdoor facilities will also be permitted to open beginning May 22, 2021.

COVID-19

B.C. Introduces COVID-19-related Paid Leave

When passed, Bill 13 will temporarily amend the ESA such that employers will be obligated to provide paid COVID-19-related leave to eligible employees, for up to a maximum of three days, if the employee qualifies for the leave.

COVID-19

Nova Scotia Introduces COVID-19 Paid Sick Leave Program

The Sick Leave Program which will provide eligible employees with up to 4 paid sick days and will reimburse eligible employers that provide paid sick leave to employees. Employers will be eligible to apply for reimbursement effective on May 26, 2021.

COVID-19

Hamilton Public Health Services Issues Section 22 Order

Hamilton Public Health Services has issued a Section 22 Order which allows for the closure of workplaces with 5 or more COVID-19 cases, and implements notification requirements where 2 or more COVID-19 cases are identified in connection with a workplace premises. The Order is in effect as of May 4, 2021 at 12:01 a.m.

COVID-19

Ontario’s New COVID-19 Paid Sick Days – Reimbursement for Employers and the Role of the WSIB

This article will answer key questions regarding the WSIB’s role in reimbursing employers, the application process, and the impact of paid leave on WSIB costs.

COVID-19

Ontario Enacts Legislation Providing Three Paid Sick Days for COVID-19 Related Reasons

ON Government enacted Bill 284, COVID-19 Putting Workers First Act which introduced Infectious Disease Emergency Leave Pay. The Paid Leave will be administered by the employer and applied retroactively starting from April 19/21 and will expire on September 25/21.

COVID-19

Ontario Proposes Temporary Program for Paid Sick Days Relating to COVID-19

ON Government announced an intention to implement legislation which, if passed, would temporarily provide employees with up to three paid sick days for absences related to COVID-19.

COVID-19

Paid COVID-19 Vaccination Leave Introduced in British Columbia

BC Employment Standards Act has been amended to introduce protected paid leave for employees, for purposes of receiving a COVID-19 vaccination.

COVID-19

Toronto Public Health Releases Section 22 Order to Close Workplaces with 5 or More COVID-19 Cases

Toronto Public Health has published its Section 22 Order under the Health Protection and Promotion Act for workplaces with cases of COVID-19. A summary is provided in this article.

COVID-19

Paid & Job-Protected Leave for Alberta Employee COVID-19 Vaccinations

Effective April 21, 2021, Alberta employers must give employees job-protected leave to receive COVID-19 vaccinations without any loss of pay or benefits.

COVID-19

Peel Public Health Releases Section 22 Order to Close Workplaces with 5 or More COVID-19 Cases

Peel Public Health has published its Section 22 Order under the Health Protection and Promotion Act for workplaces with cases of COVID-19. A summary is provided in this article.

COVID-19

Toronto and Peel Region to Order Closures of Workplaces with 5 or More COVID-19 Cases

Both Regions announced that they will be issuing Section 22 Orders under the Health Protection and Promotion Act for Workplaces with employees diagnosed with COVID-19. Closures will be effective Friday, April 23, 2021.

COVID-19

Ontario Releases Regulations Defining Essential Construction Activities and Other COVID-19 Restrictions

Regulations defining essential construction activities are released. These newly released Regulations also stipulate restrictions to businesses / activities for the current State of Emergency and Stay at Home order.

COVID-19

Ontario Extends Stay-At-Home Order and Announces New COVID-19 Restrictions

In response to recent COVID-19 modelling, the ON Government announced a two-week extension of the Stay-At-Home Order and declaration of emergency, interprovincial travel restrictions, enhanced enforcement powers and increased public health measures.

COVID-19

Targeted Safety Blitz of Construction Sites in Hot-Spot Regions in Ontario to Start April 16, 2021

200 inspectors, supported by provincial offenses officers plan to visit 1,300 construction worksites to enforce safety requirements and identify employers and individuals who are not complying with COVID-19 Health and Safety requirements.

COVID-19

B.C. Provincial Health Officer Announces New Workplace Closure Powers Due to COVID-19 Transmission – Updated April 13/21

The Provincial Health Officer has issued a written order which allows medical health officers to close all or part of a workplace where the officer has reason to believe that one or more employees has been infected with COVID-19 in the workplace.

COVID-19

Ontario Declares Third State of Emergency and Issues Stay-At-Home Order

The Order will be in effect as of April 8, at 12:01 a.m. for a 4 week period. The declaration of emergency will terminate after 14 days, unless terminated earlier or extended. This article sets out the key restrictions which will be in effect for the duration of this Order.

COVID-19

Ontario Enters Four-Week, Province-Wide Shutdown

All public health regions will return to the Shutdown zone of Stage 1 for a period of four weeks effective April 3/21. During this time, measures under the COVID-19 Response Framework: Keeping Ontario Safe and Open, will be paused.

COVID-19

B.C. Facing New Covid-19 Restrictions as Cases Continue to Rise

As case counts rise and an increasing prevalence of several variants of concern B.C. Government announces new COVID-19 restrictions that will come into effect on Tuesday, March 30, 2021 at midnight and will be in force for at least three weeks.

COVID-19

Toronto and Peel Region Re-entering Ontario’s COVID-19 Response Framework

Effective Monday March 8, Toronto, Peel and North Bay-Parry Sound will transition out of shutdown and stay-at-home order will be lifted, seven other regions will move to new colour-coded zones.

COVID-19

COVID-19 Mandatory Screening Tools Update for Employers

Time to review your COVID-19 workplace screening practices. The Ontario Chief Medical Office of Health has issued an update and further developed the workplace COVID-19 Screening tool for businesses and workers.

In A Flash

International Experience Canada Re-Opening for 2021

The Government of Canada announced the IEC program will partially re-open on March 1, 2021. This article discusses the eligibility and procedural requirements of this program.

COVID-19

Alberta Government Launches Critical Worker Benefit

Employers with eligible employees are expected to apply and administer the benefit on behalf of the government. It is important to apply early as the deadlines are in March and there is a cap on the total amount the government will pay.

COVID-19

Stay-at-Home Order Extended for Toronto, Peel and North Bay-Perry Sound While York Region Moves to “Red Control” Zone

The extended Stay-at-Home order in these designated regions will remain in effect until at least March 8, 2021.

COVID-19

Canada Announces New Travel Restrictions – Updated Feb 12/21

The government of Canada announced several new requirements for travellers entering Canada in a further attempt to curb the rapid transmission of COVID-19 and its variants. New requirements provided in this article.

COVID-19

Update on Ontario’s Stay-at-Home Orders

The ON Government announced that while the state of emergency will expire as scheduled on February 9, 2021, the current Stay-at-Home Orders will remain in place in the majority of the public health regions in ON.

COVID-19

Ontario Expands Emergency Child Care to Workers in the Construction and Transportation Sectors

On February 7, 2021, the Ontario Government announced that eligibility for emergency child care services will be expanded to include additional frontline workers in Toronto, York Region and Peel.

COVID-19

Ontario Expands Permissible Construction Work During Current Shut-Down Period

This amendment potentially expands the type of construction services contractors may legally perform during the current lock-down period.

COVID-19

Ontario Government Updates COVID-19 Workplace Safety Guidance

Ontario’s Ministry of Labour, Training and Skills Development recently modified and added new guidance to employers and workplace parties as lockdown orders continue.

COVID-19

Post-Graduate Worker Permit Holders Eligible for an Open Work Permit

The public policy will allow foreign nationals who hold Post Graduate Work Permits that expire on or after January 30, 2020 the ability to apply for an 18-month open work permit

COVID-19

Can Employers Require That Employees Take the COVID-19 Vaccine?

An outline of requirements and considerations for implementation of a mandatory COVID-19 vaccination policy, should an employer deem one necessary for their workplace.

COVID-19

Review and Summary of Ontario Government Stay at Home Regulations and Regulations Governing Businesses Including the Construction Industry

ON Government has issued new Regulations which include a stay-at-home order, measures relating to essential construction activities, conditions for businesses permitted to remain open, and enhanced public health and workplace safety measures.

COVID-19

Ontario Government Announces Work From Home Requirements For Employers

Government of Ontario released Regulations that require employers to ensure that persons performing work for their business or organization work remotely unless the nature of their work requires them to be on-site at the workplace.

COVID-19

New Reporting Measures for COVID-19 Outbreaks in the Workplace

Toronto, Peel and Durham Employers are now required to notify Public Health as soon as two or more workers are infected with COVID-19 within a 14-day interval.

COVID-19

Canada Announces New Entry Requirement for Air Travellers

As of January 7, all air travellers (including Canadians and Permanent Residents) over the age of 5 will be required to provide a negative COVID-19 test result prior to entering Canada.

COVID-19

Attention Unionized Hospitality, Tourism and Convention and Trade Show Industries: New Relief for Impacts of COVID-19

The Regulation allows unions and employers in these industries to work together by providing employers with an alternative to putting termination and severance pay into trust. We summarize the new regulation and how it may affect employers.

COVID-19

Ontario Government Announces Provincial Lockdown Commencing December 26, 2020

The lockdown measures will be in effect for 28 days for Southern Ontario, and 14 days for Northern Ontario. Employers should review these measure to determine how their workplace and operations will be affected.

COVID-19

Employer and Foreign Worker Obligations Regarding Holiday Travel

While the Canadian government does not recommend non-essential travel, it may be inevitable. It is important for employers and foreign workers to understand obligations in place upon the foreign worker’s return to Canada.

COVID-19

Ontario Government Extends Suspension of Temporary Layoffs to July 3, 2021

Ontario Government has extended the existing measures designed to delay temporary layoffs from triggering ESA termination and severance liabilities to July 3, 2021.

COVID-19

Ontario Extends all Orders Currently in Force and Moves 7 Regions to New COVID-19 Levels with Stronger Health Measures

The Government of Ontario continues to update its COVID-19 Response Framework. We have incorporated these updates in this article.

COVID-19

New Stringent Action Taken to Curb Rising Spread of COVID-19 in Alberta

Employers should be aware of new extensive restrictive measures, and carefully consider how their business operations may be further adapted to comply with the new restrictions after what has proven to be a very challenging year for AB employers.

COVID-19

Toronto and Peel Regions Move Into Lockdown Stage Starting Monday, November 23/20

Employers should determine which measures will apply to their workplace based on the province’s updated classifications and restrictions. The Lockdown stage will last a minimum of 28 days.

COVID-19

Ontario Extends COVID-19 Emergency Orders to December 21, 2020

On November 20, 2020, the Ontario Government announced an extension of the emergency orders currently in force under the Reopening Ontario Act. These orders are summarized in this article.

COVID-19

Provincial Health Officer Imposes New COVID-19 Orders for Employers and Individuals in British Columbia

The orders, which we summarize in this article, are in effect from November 19, 2020 to December 7 at 12:00 p.m.

COVID-19

Ontario Government Announces COVID-19 Inspection Blitz

Workplace COVID-19 inspection blitzes coming to “strategic locations” in Ontario.

COVID-19

New Entry Requirements for Travellers to Canada Including Citizens and Permanent Residents

All travellers will be required to provide contact and quarantine information before and after entering Canada through ArriveCAN.

COVID-19

Alberta Releases New Mandatory and Voluntary Targeted Public Health Measures in Response to the Rise in COVID-19 Cases

Employers should carefully review the requirements to determine whether the targeted measures apply to their workplace.

COVID-19

British Columbia Health Officer Imposes New COVID-19 Orders For Lower Mainland Employers and Individuals

The new orders affecting individuals and businesses in the Fraser Health and Vancouver Coastal Health Regions target social gatherings, group physical activities and workplaces, and are in effect from November 7 to November 23, 2020.

COVID-19

New Ontario Bill Proposes Protection from COVID-19 Lawsuits

Bill 218: Supporting Ontario’s Recovery and Municipal Elections Act, 2020, is designed to increase protection for frontline workers and business who are making a good faith effort to act in accordance with applicable public health guidelines and laws relating to COVID-19.

COVID-19

York Region Joins Toronto, Peel Region, and Ottawa in a Modified Stage 2 Re-opening -Updated Oct 10/20

Acting on the recommendations of the Chief Medical Officer of Health and the Public Health Measures Table, modified Stage 2 restrictions will be in place for at least 28 days, and will be reviewed on an ongoing basis.

COVID-19

Ontario Implements Additional Public Health Measures Including Mandatory Face Coverings

Subject to some exceptions, ON has mandated the use of face coverings for all persons inside businesses and organizations that are open to the public across the Province. This article summarizes these new developments.

COVID-19

New Benefits to Replace CERB Passed by the Federal Government

Bill C-4, the COVID-19 Response Measures Act, received Royal Assent on October 2/20. This article summarizes benefits which are now available and eligibility criteria for each program.

COVID-19

Pre-Entry Covid-19 Screening Now Mandatory for All Ontario Workplaces

Ontario may be experiencing a second wave of COVID-19. In response the ON government now requires all businesses – regardless of sector – to implement pre-entry screening for all workers attending the workplace.

COVID-19

Social Gathering Limits Adopted Across Ontario

In light of the rapidly increasing number of COVID-19 cases, the lower limits that previously applied to Toronto, Peel Region and Ottawa, will now apply in every region of Ontario.

COVID-19

Ontario Extends COVID-19 Pandemic Orders to October 22, 2020

The Ontario provincial government announced an extension of the orders currently in force under the Reopening Ontario Act. Under the Act, orders can be extended for up to 30 days at a time.

COVID-19

Ontario Reduces the Social Gathering Size Limit in Toronto, Peel Region, and Ottawa

In response to a surge in new COVID-19 cases, Ontario is rolling back social gathering limits in Toronto, Peel Region and Ottawa to 10 people indoors and 20 people outdoors.

COVID-19

Ontario Announces Extension of Suspension of Temporary Layoffs to January 2, 2021

The Ontario Government has announced an extension of existing measures designed to delay temporary layoffs from triggering termination and severance liabilities.

COVID-19

COVID-19 Immigration Update: Certain Visitors in Canada are Eligible to Apply for Work Permit from Inside Canada

In order to be eligible foreign nationals in Canada must meet the criteria set-out in this article.

COVID-19

CERB Slated to End September 27 as Federal Government Announces Expanded EI Program and Other Financial Benefits

The Federal Government has announced an extension of the Canada Emergency Response Benefit (CERB) by an additional four weeks to a maximum of 28 weeks.

COVID-19

Ontario Provincial Government Extends Orders Under the Reopening Ontario Act

The extension to September 22, 2020 will help the provincial government address the ongoing risks of COVID-19 and ensure measures are in place to protect vulnerable populations as the province reopens.

COVID-19

Ontario WSIB Confirms No Extension of Employer Financial Relief Measures

The WSIB confirmed that the Financial Relief Package will allow employers to defer payments for obligations occurring up to August 31, 2020. All regular payment schedules and terms re-commence on September 1, 2020.

COVID-19

COVID Alert Contact Tracing App Available For Download

The Government of Canada and Ontario made the new COVID Alert contact management app available for download. The app lets users know if they may have been exposed to the virus.

COVID-19

Ontario Entering Stage 3 of Reopening on a Regional Basis – Updated July 29/20

The Ontario Government announces City of Toronto and Peel Region will move to Stage 3 of the Province’s reopening plan.

COVID-19

Mandatory Mask Use Indoor Calgary Public Spaces and Alberta Schools to Re-open in the Fall

A review of the implications for employers, and what workplace accommodations may become necessary as a result.

COVID-19

Ontario Enacts Legislation to End Declared Emergency

The Province of Ontario enacted Bill 195: Reopening Ontario Act, 2020. Of significance, this Act terminates Ontario’s Declared Emergency.

COVID-19

BC Government Introduces Streamlined Variance Application Process Related to COVID-19

The BC Ministry of Labour announced a new program designed to expedite the variance application process for employers seeking to extend COVID-19 related layoffs as they struggle to remain in business in the face of the ongoing pandemic.

COVID-19

Federal Government Announces Changes to the Canada Emergency Wage Subsidy (CEWS) to Allow Greater Access by Employers

The proposed changes loosen eligibility requirements and allow employers to receive wage subsidy amounts in proportion to any revenue loss.

COVID-19

FAQ’s: COVID-19 and the Workplace – Updated Sept 15/20

As part of our ongoing effort to keep employers informed during the COVID-19 pandemic, our FAQ has been updated given the rapidly changing workplace environment.

COVID-19

COVID-19 Immigration Update: Biometric Requirement for in-Canada Temporary Resident Applications is Temporarily Suspended

Biometric collection locations have been closed since March. We expect that this announcement will allow IRCC to return to regular in-Canada work permit processing timelines.

COVID-19

COVID-19 Immigration Update: Public Policy Change for Certain Out-of-Status Foreign Nationals

This change will be a great benefit to employers, who will no longer have to wait months for an employee to return to work should they fall out of status.

In-Depth Analysis

COVID-19: A Pandemic of “Novel” Workplace OHS Issues

We focus is on several key OHS related lessons learned and “novel” OHS legal issues arising from the pandemic, which continue to create issues for employers, OHS, HR and management as workplaces continue to reopen with “public health“ measures in place.

COVID-19

Canada Emergency Wage Subsidy (CEWS) Extended to December 2020

The CEWS enables eligible Canadian employers whom have been impacted by COVID-19 to a subsidy of up to 75% of employee wages.

COVID-19

Ontario Extends Emergency Orders to July 22, 2020: COVID-19

The goal of the extension is to protect the health and well-being of people across the province and help stop the spread of COVID-19.

COVID-19

Closures Affecting Courts and Workplace Tribunals in Atlantic Canada – Updated March 5/21

Courts and workplace tribunals in Atlantic Canada have taken preventative measures in response to COVID-19.

COVID-19

Atlantic Canada Response to COVID-19 – Updated March 5/21

Atlantic Canada, like elsewhere in the country have started to take more significant measures to help prevent the spread of COVID-19.

COVID-19

Most Provinces Announce Strategies to Reopen Economies – Updated August 14/20

Provinces and Territories introduced plans in various forms, which generally involve phased-in approaches to the re-opening of economies. We have summarized these plans.

COVID-19

BC Government Extends Temporary Layoff Period Due to COVID-19

Premier John Horgan announced that the duration of temporary layoffs permissible under the BC Employment Standard Act has been extended to a maximum of 24 weeks, expiring on August 30, 2020.

COVID-19

Alberta Introduces Bill 24 to Respond to COVID-19 as State of Emergency is Lifted

Bill 24, the COVID-19 Pandemic Response Statutes Amendment Act, 2020, seeks to amend 15 different pieces of provincial legislation, including employment and labour legislation in Alberta.

COVID-19

British Columbia Enters Stage 3 of Re-Start Plan

The Province also announced it is extending the state of emergency another two weeks, until July 7th.

COVID-19

Federal Government Extends Time-Periods for Temporary Lay-offs

Employers should note that time period for when a lay-off under the Canada Labour Code becomes a termination has been extended.

COVID-19

Ontario Emergency Declaration in Response to COVID-19 – Updated June 24/20

Ontario Premier Doug Ford extends state of emergency to May 12, 2020.

COVID-19

Ontario Releases Guide to Help Employers Develop COVID-19 Workplace Safety Plan

The Ontario Government released an online guide to assist employers in developing safety plans as employees begin to return to work across the Province.

COVID-19

Employment Security in the Midst of a Pandemic in British Columbia

Employers and employees need clarity and certainty more than ever – will the Government of British Columbia act to provide it?

COVID-19

Improper CERB Claims Could Result in Penalties

Federal Government proposes legislation imposing tighter rules for those claiming the Canada Emergency Response Benefit (CERB).

COVID-19

You Have a COVID-19 Case! Best Practices for Employers to Manage Reports of Suspected Cases and Outbreaks

Based on our experience to date, available legislation, and public health guidance, we recommend the following step-by-step analysis and process.

COVID-19

New Ontario Regulation Modifies Treatment of Layoffs Related to COVID-19

This Regulation would be of interest to Employers who have temporarily laid off employees for reasons related to the COVID-19 pandemic.

COVID-19

New COVID-19 Immigration Policy for Changing the Employment Status of Temporary Foreign Workers

The new policy will allow temporary foreign workers who are in Canada to change either their employer or listed job within approximately 10 days of submitting an application to change their work permit and make a request to fall under the public policy.

COVID-19

Border Closure – Updated May 19/20

The Canadian government has announced additional measures in an attempt to stop the spread of COVID-19 by way of further border closures.

COVID-19

Reopening Ontario: Stage 1

The Ontario government has provided the framework that will be used to reopen the province effective May 19, 2020.

COVID-19

Alberta Commences Stage 1 of Reopening Plan

Alberta begins “Stage One” of its “Relaunch Strategy” which is a staged approach to re-opening businesses and services in the province.

COVID-19

Updated List of Essential Services in Ontario – Non Construction

The Ontario Government has updated its list of essential businesses allowed to remain open and has also provided guidance as to how such businesses should operate.

COVID-19

Updated List of Essential Services in Ontario – Construction

Ontario has continued to update its list of essential construction projects deemed essential. See article for full list.

COVID-19

Closures Affecting Ontario & Federal Courts and Workplace Tribunals – Updated May 15/20

This page will be updated as closures regarding Ontario & Federal Courts and Workplace Tribunals are announced.

COVID-19

Closures Affecting Courts and Workplace Tribunals in Alberta – Updated May 13/20

Alberta Courts and Tribunals announce cancellation of hearings and other related adjustments to their operations.

COVID-19

Recalling Employees to Work: Guidance for Canadian Employers

This article identifies key issues and considerations in answering common questions about recalling employees back to work at this time.

COVID-19

Updates on the Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Response Benefit (CERB)- Updated May 11/20

Most recent updates on the Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Response Benefit (CERB) – Updated April 15/20

COVID-19

International Survey on Job Retention Programs in Response to COVID-19

A recent international survey conducted on employee job support and wage subsidies available in response to COVID-19 provides some interesting perspective on how Canada ranks on a global scale.

In A Flash

Ontario to Temporarily Provide Certain Essential Workers with Pandemic Premium Pay

The Ontario government is providing certain frontline workers with a temporary pandemic premium that will increase existing hourly wages.

COVID-19

Ontario Allows Reopening of Certain Essential Construction Projects and Other Businesses – Updated May 7/20

Ontario announced that certain businesses and workplaces will be allowed to reopen as long as they comply with strict public health measures and ensure that they operate safety during the COVID-19 outbreak.

COVID-19

Ontario: Additional Steps to Improve Health Care Flexibility During COVID-19

Under the Emergency Management and Civil Protection Act, the ON Government issued a series of new temporary emergency orders to support the needs of the province’s hospitals and health care workers to allow for improved management of critical health care human resources.

COVID-19

BC Extends Temporary Layoff Period During COVID-19 Epidemic

Changes, which take effect immediately, extend the period of time in which a temporary layoff may occur, prior to being deemed a permanent layoff. This change impacts temporarily laid off staff, who are not covered by a collective agreement.

COVID-19

BC Declares Public Health Emergency and State of Emergency – Updated May 1/20

British Columbia has declared a public health emergency pursuant to the Public Health Act and a state of emergency under the Emergency Program Act.

COVID-19

Ontario Announces Safety Guidelines for Employers for the Gradual Re-Opening of the Economy

Province of Ontario, in conjunction with four provincial health and safety associations, released safety guidelines for employers.

COVID-19

Closures and Hearing Cancellations Affecting BC Courts and Workplace Tribunals – Updated April 29/20

This page will be updated as closures regarding British Columbia courts and Workplace Administrative Tribunals are announced.

COVID-19

Ontario to Temporarily Provide Certain Essential Workers with Pandemic Premium Pay

The $4 per hour Premium will be on top of existing hourly wages, regardless of the qualified worker’s hourly wage. The Premium will be effective for 16 weeks, from April 24, 2020, until August 13, 2020.

COVID-19

Work Restrictions Lifted for International Students Working in Essential Services due to COVID-19

Immigration, Refugees and Citizenship Canada announced they have temporarily lifted certain work restrictions for international students until August 31, 2020.

COVID-19

Working from Home: Key Considerations for Managing a Remote Workforce

Key issues considerations and best practices which employers should be aware of as they transition to remote working arrangements

COVID-19

Alberta Orders Non-Essential Businesses to Close & Further Restricts Group Gatherings – Updated April 16/20

AB government defined a list of essential services and ordered many businesses to close in response to the new limit of 15 people in group gatherings.

COVID-19

Ontario Implements Third Emergency Order to Support Long-Term Care Homes Amid COVID-19 Outbreak – Updated April 15/20

This temporary order implements more aggressive testing, screening, and surveillance of long-term care home residents and staff.

COVID-19

Alberta Announces Temporary Changes to Employment Standards Rules Amid Covid-19 Crisis – Updated April 13/20

The temporary rules, which take effect immediately, are aimed at providing job protection for workers and flexibility for employers.

COVID-19

Ontario Updates List of Essential Construction Workplaces – Updated April 10/20

The Ontario Government updated its list of construction workplaces that are permitted to operate.

COVID-19

British Columbia Institutes Mandatory Self-Isolation Plans for Returning Travellers

Premier Horgan announced new measures to stop the spread of COVID-19 by returning travellers. BC is the first province to require an approved self-isolation plan as part of the traveller’s return.

COVID-19

Ontario Ramps Up COVID-19 Response: 24/7 Work Permitted at Essential Construction Projects

ON permitting extended hours for defined essential healthcare construction projects, permitting them to operate 24/7 without violating local noise bylaws.

COVID-19

Ontario WSIB Announces Relief for Employers from COVID-19 Claim Costs

WSIB announces that COVID-19 claims will not be charged to the specific employer’s accident cost record. Costs will be charged to the employers collectively as an administrative cost.

COVID-19

British Columbia Changes Labour Code Regulations to Extend Union Card Life

The BC government has amended the Labour Relations Code regulations in a manner which may significantly impact union certification drives in the province going forward.

COVID-19

Essential Workplaces in Ontario – Compliance and Enforcement Information Employers Need to Know

Important new information for ON employers. Whether their businesses remain open or are required to close. As well as how emergency orders will be enforced.

COVID-19

Information Bulletin for Construction Industry Employers Re: Ontario’s Revised Essential Services List

Details of the Emergency Management and Civil Protection Act relating to the Construction Industry, including projects that may be deemed essential can be found in this article.

COVID-19

Ontario Releases Updated List of Essential Workplaces Protected from Closure Directive

ON Government updates list of essential businesses that can remain open. By 11:59 pm Saturday, April 4, 2020, businesses that are not identified on the list must close their physical locations.

COVID-19

Update for Inter-Provincial Travelling During COVID-19

The Canadian government has implemented additional measures for domestic air travel. Domestic flights will apply measures similar to that of international flights to protect travellers.

COVID-19

Ontario Implements Emergency Order to Support Developmental Services Agencies Amid COVID-19 Outbreak

This temporary order provides developmental service agencies with increased flexibility in relation to staffing, allowing them to redirect workers to more essential tasks.

COVID-19

Ontario WSIB Formalizes Guidance to Workplace Parties Regarding COVID-19 Claims’ Adjudication

The WSIB explains that while the nature of some jobs places workers at greater risk of contracting COVID-19, claims made to the WSIB will nevertheless be adjudicated on a case-by-case basis.

COVID-19

Ontario WSIB Clarifies which Time Limits will be Suspended

ON’s Workplace Safety & Insurance Board has provided details regarding its suspension of certain time lines imposed by the Workplace Safety and Insurance Act.

COVID-19

Municipalities Introduce Hefty Fines for those who Fail to Abide by Social Distancing Orders

The imposition of these fines follow the Government of ON’s physical distancing orders made under the Emergency Management and Civil Protection Act, whereby gatherings of more than five people were prohibited.

COVID-19

Federal Government Provides New Details of 75% Wage Subsidy and Loan Program

The PM announces eligible businesses – now including non-profits, charities as well as large and small companies – whose revenues have decreased by at least 30% due to COVID-19.

COVID-19

Overview of Various Government Programs Being Launched to Mitigate the Economic Impact of the COVID-19 Pandemic – Updated March 30/20

Programs that have been announced and/or put in place by the Federal and Provincial governments in response to the global COVID-19 pandemic

COVID-19

Ministry of Labour Updates Guidance for Ontario Construction Sites

Ontario’s Chief Prevention Officer offers guidance to help employers meet their OH&S responsibilities and to help prevent the spread of COVID-19 on job sites.

COVID-19

WSIB Insurance Premium Payment Deferral provides Employer Financial Relief – Updated March 30/20

The Ontario Provincial Government has introduced a new relief measure to assist employers through financial strain in relation to COVID-19.

COVID-19

Newfoundland and Labrador Introduce COVID-19 Related Leave

Among other changes introduced in the COVID-19 Pandemic Response Act on March 26, 2020.

COVID-19

BC Announces List of Essential Services

On March 26, 2020, the BC Government announced a list of essential services in BC in response to COVID-19.

COVID-19

Alberta Implements 14-Day Unpaid Job-Protected Leave

As a result of the COVID-19 pandemic, AB has implemented a 14 day unpaid job-protected leave for the isolation period recommended by the AB Chief Medical Officer.

COVID-19

Ontario Announces Temporary Order Allowing Collective Agreements to be Overridden by Redeployment Plans – Updated March 24/20

ON government issued a temporary order impacting Ontario’s health service providers in light of the current COVID-19 pandemic.

COVID-19