The provincial stay-at-home order expired on June 2, 2021. However, as of June 7, 2021, all measures which were in place under the province-wide emergency break continue to remain in effect, including restrictions on gatherings, businesses, and services and activities. You can find a list of the current restrictions under the emergency break here.
Matthew De Lio has a broad litigation practice, with a focus on labour, employment, and administrative law. As a former Crown prosecutor, he particularly specializes in defending clients against Occupational Health and Safety Act charges. In addition to his litigation practice, Matthew advises clients on contentious and non-contentious workplace issues, such as occupational health and safety requirements, employment standards requirements, workplace accommodation, discrimination and harassment, collective bargaining and labour relations, and reductions in force, as well as issues relating to international labour and human rights standards, corporate compliance and risk management, and internal investigations.
On May 20, 2021, the Ontario government announced a “Three-Step Roadmap to Safely Reopen the Province” which outlines its plan to gradually lift COVID-19 public health restrictions based on province-wide vaccination rates and improvements in key public health and health care indicators. The full announcement can be found here, which includes a link to the Roadmap.
The Roadmap outlines three steps to easing public health measures, guided by the following principles:…
Continue Reading Ontario Announces New Three-Step Roadmap to Reopen Province
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
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.
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.
In Abbasbayli v. Fiera Fine Foods Company, the Ontario Court of Appeal recently clarified that corporate directors may be held personally liable for unpaid wages and vacation pay in a wrongful dismissal proceeding.…
Continue Reading Corporate Directors Held Personally Liable in Wrongful Dismissal Actions
To ensure Ontario employers are up-to-date, we outline two new developments affecting businesses operating during the COVID-19 pandemic below, including:
- the implementation of enhanced COVID-19 outbreak protocols for workplaces in the City of Toronto; and
- revisions to the COVID-19 screening tool required for Ontario employees.
This is an update to our recent blog post summarizing Ontario’s required COVID-19 workplace screening tool for businesses.
To recap, the Ontario Government requires most Ontario businesses and organizations to implement particular workplace screening questions, requiring workers and essential visitors to complete a medical questionnaire before entering the workplace each day. These requirements have been established under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
Ontario recently updated the workplace screening questions for businesses. You can find the updated questions here. The new version of the screening tool can be completed either online or on-site before the worker enters the workplace.…
Continue Reading Ontario Revises COVID-19 Workplace Screening Requirements for Businesses
To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2020.…
Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2020
Earlier this summer, several Ontario municipalities established bylaws requiring businesses to ensure masks or face coverings are worn by the public in enclosed public spaces (see our earlier article here). On October 3, 2020, the Ontario government amended the Rules for Areas in Stage 3, O Reg 364/20 (the “amended regulation”), establishing similar requirements for most Ontario businesses, summarized below.
Who Must Wear Masks or Face Coverings?
Generally speaking, businesses and organizations must ensure that anyone located in an indoor area within their premises, or within a vehicle that is operating as part of the business or organization, wears a mask that covers their mouth, nose, and chin.