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As COVID-19 vaccines become more readily available across Canada, employers have questions about how this changes the return to the workplace. In this Quick Chat video, our Labour and Employment lawyers discuss the vaccine policies and procedures being adopted by companies operating in Canada, as well as the legal and practical considerations to address.

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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 January 12, 2021, the Government of Ontario declared a second state of emergency under the Emergency Management and Civil Protection Act in response to the COVID-19 pandemic. At the same time, the government issued a province-wide Stay-at-Home Order and amended O. Reg. 82/20: Rules for Areas in Stage 1 (“Stage 1 Rules”) to introduce stricter lockdown measures starting January 14, 2021.
Continue Reading Ontario Declares Second State of Emergency and Announces New Public Health Restrictions

Last week, the Ontario Government amended O.Reg. 228/20 to extend deemed infectious disease emergency leave (“IDEL”) under the Employment Standards Act, 2000 (the “ESA“) from January 2, 2021 to July 3, 2021.
Continue Reading Deemed Infectious Disease Emergency Leave Further Extended to July 3, 2021

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.Continue Reading Ontario Amends Mask and Face Covering Requirements for Businesses

We are excited to share with you the BNN Bloomberg article, “As new work realities set in, here’s what employees should know.” Kevin Coon was interviewed for this article which addresses how employees should handle finances related to the workplace, including home office expenses, filing taxes, paid sick leave, and knowing what they can expect…

Our last installment focused on preparing physical workplaces for reopening, having regard to public health and occupational health and safety requirements. At this point, employers following along are alive to critical legal considerations that are unique to physical workplaces. In this installment of The Canadian Employers’ Reopening Playbook we discuss complex legal and practical considerations to return workforces to “COVID-prepared” workplaces.
Continue Reading The Canadian Employers’ Reopening Playbook (Part 3)

Planning the Return to Work Process

With the pandemic situation continuously evolving, it can be difficult to think about anything besides the immediate response. The early days of the pandemic required employers to act fast and make quick decisions to protect workers, safeguard client/customer relationships, and stabilize operations. But, as restrictions are gradually lifted, and we move beyond the immediate crisis phase, employers across Canada need to carefully plan how to reopen workplaces, resume operations, and get people back to work. A carefully planned and deliberate approach to reopening is required to protect workers in the short-term and remain resilient in the long-term.

This installment of The Canadian Employers’ Reopening Playbook will address key issues employers should consider when planning to reopen physical workspaces.
Continue Reading The Canadian Employers’ Reopening Playbook (Part 2)

Why Have a Playbook?

As provincial governments move towards reopening their economies and taking steps to return to normal, employers must balance a range of important – and, at times, conflicting – considerations.

Some of the key questions may seem obvious:

  • Are we allowed to reopen and if so, when, and with what restrictions?
  • What steps are required to keep employees and all other individuals who come into or onto our premises safe?
  • How do we get our employees back to work, and what if they don’t want to return at this time?
  • How will reopening impact the availability of government support programs for us and our employees?

Over the coming days, through a series of client alerts, we will explore these questions and more, providing detailed and practical guidance that employers can draw upon and adapt for their specific workplaces. The Canadian Employers’ Reopening Playbook will break down common employment-related issues employers should consider when:

  1. Planning the return to work process;
  2. Implementing the return to work process; and
  3. Operating in a changed environment.

Continue Reading The Canadian Employers’ Reopening Playbook (Part 1)

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