Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent on July 27, 2020. Please see our previously published article summarizing notable changes to the Canada Emergency Wage Subsidy program here.
Federal Government Extends & Amends Canada Emergency Wage Subsidy Program
On July 17, 2020, the federal government announced that it would extend the Canada Emergency Wage Subsidy program (“CEWS”) until December of 2020, and proposed several significant changes that will, among other things, allow more employers to access subsidies.
On July 20, 2020, the federal government introduced Bill C-20, An Act respecting further
Many Municipalities Make Masks Mandatory
Starting July 7, 2020, the City of Toronto will require businesses to ensure masks or face coverings are worn by the public in their enclosed public spaces.
Key Takeaways
- The City of Toronto’s bylaw will come into force on July 7, 2020. It is currently set to expire on or about October 1, 2020, but
New Workplace Harassment and Violence Prevention Regime for Federally Regulated Employers
As of January 1, 2021, the new stand-alone Work Place Harassment and Violence Prevention Regulations (the “Regulations”) will come into force to ensure employers prevent harassment and violence in federally regulated industries and workplaces. The Regulations will apply to all federal work places covered under Part II of the Canada Labour Code (the Code), including the federally regulated private sector, the federal public service and parliamentary work places. It will replace Part XX (violence prevention) of the Canada Occupational Health and Safety Regulations (COHSR), as well as portions of two other regulations that include violence prevention provisions.
Key Takeaways
Once the Regulations come into force, employers must:
- Prepare the workplace harassment and violence prevention policy working jointly with the policy committee, the workplace committee, or the health and safety representative;
- Assess the risk of workplace harassment and violence;
- Inform and train employees, and participate in training themselves;
- When an incident of harassment or violence is reported, respond within seven days;
- Keep records on every incident of harassment and violence in the workplace and report annually to the Labour Program; and
- Implement corrective measures in response to the investigation report of an investigator to prevent future occurrences of harassment and violence.
Ontario Files New ESA Regulation Affecting COVID-19-Related Leaves, Temporary Layoffs & Constructive Dismissals
If you are an Ontario employer who has implemented, or is considering implementing, temporary layoffs, wage reductions, or hours of work reductions, the Ontario Government’s recent changes will matter to you.
On May 29, 2020, the Ontario Government filed a new regulation changing the rules regarding employee eligibility for infectious disease emergency leave, temporary layoffs and constructive dismissals under the Employment Standards Act, 2000 (the “ESA”), with retroactive effect.
Below is a summary of the most important aspects of this new regulation and why the changes will matter to your workplace and employees.
How Long Do These Changes Last?
The regulation applies retroactively, dealing primarily with the time period beginning March 1, 2020 and ending six weeks after the declared emergency ends. The Government has called this the “COVID-19 Period”. The Government recently extended the current declared emergency until June 30, meaning the regulation will be operative until at least August 11, 2020. A further extension to the declared emergency is possible, and this would automatically extend the life of the new regulation.
Federal Government Extends the Canada Emergency Wage Subsidy
On May 15, 2020, the Government of Canada announced that the Canada Emergency Wage Subsidy (“CEWS”) will be extended for an additional 12-week period to August 29, 2020. At the same time, the government announced retroactive regulatory changes, and legislative proposals expected to come into force at a later date. These changes were introduced in an effort to promote employment and stimulate economic recovery as restrictions are gradually lifted across Canada.
Immediate Changes to CEWS Eligibility:
The government introduced a series of regulations extending eligibility for the CEWS to the following categories of employers:
- Partnerships with one or more non-eligible members will be eligible so long as non-eligible entity partners control a minority of the partnership’s interests at fair market value during the qualifying period;
- Indigenous government-owned corporations that are carrying on a business and are tax-exempt under paragraph 149(1)(d.5) of the Income Tax Act, their wholly-owned subsidiaries that are carrying on a business and are tax-exempt under paragraph 149(1)(d.6) of the Income Tax Act, as well as partnerships where the partners are members of Indigenous governments and eligible employers;
- Non-public education and training institutions, including for-profit and non-profit private colleges, schools, and institutions (i.e., arts schools, language schools, driving schools, flight schools and culinary schools);
- National-level Registered Canadian Amateur Athletic Associations that are tax-exempt under paragraph 149(1)(g) of the Income Tax Act; and
- Registered Journalism Organizations that are tax-exempt under paragraph 149(1)(h) of the Income Tax Act.
Continue Reading Federal Government Extends the Canada Emergency Wage Subsidy
Ontario Releases Safety Guidelines for Reopening to Protect Public from COVID-19
As Ontario prepares to reopen the economy, the province is providing employers with safety guidelines to protect workers, customers, and the general public from COVID-19. The guidelines provide practical recommendations so that employers reopen in a safe and responsible way.
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Non-Essential Business Shutdowns Across Canada
All Canadian provinces have adopted emergency measures requiring the closure of non-essential businesses, and today the Ontario government revised its list of “essential businesses”. To help you keep up with these changes, we have provided a chart below that includes a hyperlink to the current essential service list in each province, and lists the potential penalties for failure to comply in each jurisdiction.
Continue Reading Non-Essential Business Shutdowns Across Canada
Checklist For Managing Work-From-Home Employees During the Pandemic
The COVID-19 pandemic has forced employers to require many employees to work from home. To assist employers in updating and implementing these measures, we recommend the following best practices.
Continue Reading Checklist For Managing Work-From-Home Employees During the Pandemic
COVID-19 Checklist for Canadian Employers
The spread of the 2019 novel coronavirus — the virus responsible for COVID-19 — is now anticipated to reach pandemic levels. Officials from the Public Health Agency of Canada reiterate that the risk of a mass outbreak in Canada remains low, but have encouraged and enforced precautionary measures.
Employers should continue to be vigilant in ensuring a safe and healthy workplace. In addition to our previous client alert, employers should be mindful of the following checklist:
1. Appoint one or more coordinators who will be responsible for tracking and communicating the latest developments of COVID-19. The coordinator(s) should have the authority to make or advise on emergency decisions such as office closures and meeting cancellations.
- According to the size of the employer’s organization, a cross-functional team may be necessary with designated individuals to handle issues such as employee health and safety, medical/personal leaves and accommodations, communications, and compliance.