Easing of Ontario Restrictions Continues

On May 19, 2020, the Ontario government filed five Orders under the Emergency Management and Civil Protection Act (EMPCA) which extend the existing Orders and which amend some Orders to further ease the provincial restrictions in place as a result of the COVID-19 declared emergency.

Employees Who Continue to Work from Home – Practical Considerations for Employers

As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.

Ontario Announces First Stage of Reopening Province

On May 14, 2020, the Ontario government announced that certain workplaces will be able to resume operations beginning May 19, 2020, signalling the start of Stage 1 of the second phase of the province’s reopening strategy, “A Framework for Reopening our Province” (Stage 1). The government also announced additional seasonal services and activities that may open May 16, 2020.

COVID-19 and Long-Term Care – Government Permits Mandatory Management Orders to Address COVID-19 Challenges

On May 13, 2020, the Ontario government issued an order (O. Reg. 210/20, Management of Long-Term Care Homes in Outbreak) (Order) made under the Emergency Management and Civil Protection Act which is intended to provide long-term care homes with additional assistance in managing COVID-19 outbreaks.

Ontario Passes Amendments to Permit Additional Electronic Beneficiary Designations

On May 12, 2020, the Ontario government introduced and passed Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (Bill 190). Among other changes, Bill 190 amends the Succession Law Reform Act to permit electronic beneficiary designations, and makes a consequential amendment to the Pension Benefits Act (PBA). The amendments permit electronic beneficiary…

Ontario Enables School Board Employees to Be Redeployed to Congregate Care Settings

On May 8, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 205/20 – Education Sector (Order) made under the Emergency Management and Civil Protection Act which applies to all school boards within the meaning of the School Boards Collective Bargaining Act, 2014 in Ontario.

Cloud E-mail Grievance Dismissed

Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.

Ontario Order Eases Restrictions and Expands List of Essential Businesses to Include Professional Sports League Training Facilities

On May 7, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 200/20 (Order) made under the Emergency Management and Civil Protection Act which amends O. Reg. 82/20 – Closure of Places of Non-Essential Businesses. The Order confirms the easing of restrictions that will allow retail and certain essential construction to resume activity effective at specified dates, as we described in our Human Resources Legislative Update of May 6, 2020 Ontario to Ease Restrictions for Retail and Essential Construction.

Temporary Pandemic Pay – Update on Recent Developments

There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.