In a recent decision, the British Columbia Supreme Court (“BC Court“) ruled that Canada Emergency Response Benefit (“CERB”) payments earned during the notice period would be deducted from wrongful dismissal damages. This decision stands in stark contrast to that recently issued in Ontario, where the Superior Court of Justice (“Ontario Court“)

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.

Continue Reading COVID-19 Update: Ontario Screening Requirements & Toronto Workplace Outbreak Protocols

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

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 passed its latest budget bill, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”). Bill 229 implements initiatives contained in Ontario’s 2020 budget through amendments to existing statutes.

Amendments to key employment statutes include:

Protecting a Sustainable Public Sector for Future Generations Act, 2019:

Bill

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

The Ontario Government now requires most Ontario businesses and organizations to implement a workplace screening tool that requires staff members and essential visitors to complete a medical questionnaire before entering the workplace each day. This new requirement is established under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 and became effective on September 26, 2020.
Continue Reading New COVID-19 Workplace Screening Requirements for Ontario Businesses

After almost six months of school closures across Ontario due to the COVID-19 pandemic, school is now back in session for most students. The provincial government’s education model includes a voluntary back-to-school regime that provides parents and students with the option to engage in online learning from home or to have children physically attend at school. With recent cases of COVID-19 on the rise this fall, outlined below is a summary of what employers should be aware of regarding their obligations to accommodate employees with children that are not attending in-person school or childcare.[1]
Continue Reading Back to School: An Employer’s Obligations to its Parental Employees

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 may be extended.
  • The new bylaw will generally apply to all indoor spaces within the City of Toronto that are openly accessible to the public. The bylaw will not require individuals to wear masks or face coverings in workplaces that are not openly accessible to the public will not be required.
  • A list of public spaces exempted from the bylaw can be found here: https://www.toronto.ca/home/covid-19/covid-19-what-you-should-do/covid-19-orders-directives-by-laws/mandatory-mask-or-face-covering-bylaw/
  • Under the bylaw, there are exceptions for individuals who are unable to wear a mask or face covering for medical reasons, and for children under two years old. There are further exceptions for individuals who are, for example, eating a meal or engaging in athletic or fitness activity.

Continue Reading Many Municipalities Make Masks Mandatory

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.
Continue Reading Ontario Releases Safety Guidelines for Reopening to Protect Public from COVID-19