In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…
Author: Hicks Morley
Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation
The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…
Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccination
On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…
Ontario Enhances Protections for Students Reporting Sexual Violence on Campus
As a new academic year commences, the Ontario government is taking additional steps to address sexual violence on post-secondary campuses. The government has filed O. Reg. 646/21 (Amending Regulation), which amends O. Reg. 131/16, Sexual Violence at Colleges and Universities, made under the Ministry of Training, Colleges and Universities Act, to include additional protections for…
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
Further Details Released on Ontario’s Requirement for Proof of Vaccination in Select Settings
On September 1, 2021, the Ontario government announced that in order to access certain public settings, patrons would be required to provide proof of full vaccination against COVID-19. On September 14, 2021, it filed a regulation to give effect to these requirements. The new proof of vaccination requirements will begin to apply on September 22,…
Canada Heads to the Polls: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for September 20, 2021. As the candidates hit the campaign trail and Election Day rapidly approaches, in this FTR Now we provide guidance to employers on their obligations to their employees under the Canada Elections Act. When do employers have to provide paid time off to vote? Under the…
Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL
On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…
Update on Immunization Disclosure Policy for School Boards
On August 17, 2021, the Ontario government announced that COVID-19 vaccination policies will be made mandatory in certain settings including, but not limited to, publicly funded school boards, private schools and licensed child care settings for the 2021-22 school year. On August 18, 2021, the Minister of Education outlined further details of this initiative in…
Ontario Requires Proof of Vaccination in Certain Settings, and More
On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…