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On May 13, 2021, the Ontario government announced that it will extend the province-wide Stay-at-Home Order (O. Reg. 265/21) by two weeks, until June 2, 2021. The government announced that all public health and workplace safety measures under the province-wide emergency brake will remain in effect during this time.
Continue Reading Ontario Extends Province-Wide Stay-at-Home Order Until June 2, 2021

Following almost a year of uncertainty, the Ontario Superior Court finally clarified that temporary layoffs during the COVID-19 pandemic can amount to constructive dismissal under the common-law. Ontario employers should take note of this important decision if they have or are considering temporary staffing cuts, including temporary reductions in hours.
Continue Reading COVID Layoffs Can Lead to Employer Liability, Ontario Court Says

The Toronto Order

The Toronto class order made pursuant to Section 22 (5.0.1) of the Health Protection and Promotion Act (“Toronto Order“), which can be found here, requires owners, operators or occupiers of a business to notify Toronto Public Health via the online COVID-19 Workplace Reporting Tool as soon as they become aware of 5 or more COVID infections in the workplace within a 14-calendar-day period. The Toronto Order grants discretion to the City to order a full or partial closure of the workplace, or shift/work area mass dismissal, when there has been 5 or more confirmed or probable COVID cases within a 14-calendar-day period. Once closed, the owners, operators and/or occupiers of a workplace cannot attend the workplace unless necessary to:

  • comply with any applicable laws;
  • allow for inspections, maintenance and repairs to be carried out;
  • allow for security services to be provided;
  • to deal with critical matters relating to the closure of the workplace if they cannot be done remotely; and
  • access materials, goods, or supplies that may be necessary for the business or organization to continue to operate remotely.


Continue Reading Toronto and Peel Region Public Health Release Orders Requiring Closure of Businesses with 5 or More COVID Infections

On April 7, 2021, in response to a rise in COVID-19 infections, the Ontario government declared a third provincial emergency under the Emergency Management and Civil Protection Act, and has issued a second Stay-at-Home-Order (“Order“), effective Thursday, April 8, 2021 at 12:01 a.m. The new Order is fundamentally the same as Ontario’s last Stay-at-Home Order, but comes on the heels of the province-wide “emergency brake” which came into effect on April 3, 2021.

Ontario’s new measures affect many Ontario employers. The Order does not amend the list of essential businesses which are permitted to continue operating, but the government will increase inspections and enforcement by health and safety inspectors and provincial offenses officers at essential businesses, particularly in regional hot zones.


Continue Reading New Measures for Ontario Employers: Ontario Declares Emergency and Implements Second Stay-at-Home Order