COVID-19 and Long-Term Care – Ontario Government Imposes “Single-Employer” Rule for Long-Term Care Employees

On April 14, 2020, the Ontario government issued an Emergency Order (Order) pursuant to the Emergency Management and Civil Protection Act (EMCPA) which relates specifically to staffing issues in Ontario’s long-term care sector. The Order, O. Reg. 146/20, Limiting Work to a Single Long-Term Care Home, creates immediate obligations for both long-term care employers and employees working in long-term care homes. Once the requirements of the Order are met, the Order will effectively impose a “single-employer” rule for employees in this sector, preventing them from working for more than one Health Service Provider or retirement home until the Order is lifted.

Emergency Order Allows First Responders Access to COVID-19 Information

The Ontario government has made an order under the Emergency Management and Civil Protection Act (EMCPA) which allows specified first responders to have access to “COVID-19 status information” about persons with whom they are coming into contact in the course of their duties. The government announced that the information will be used solely for the purpose of permitting first responders “to take appropriate safety precautions to protect themselves and the communities they serve.”

Ontario Launches Portal to Match Health Care Workers with Health Care Employers

On April 7, 2020, the Ontario government announced that it is launching the “Health Workforce Matching Portal”. The Portal will enable available health care workers to assist in the province’s response to the COVID-19 pandemic by matching those workers with employers, such as hospitals, clinics and assessment centres, to help, for example, in public health functions such as case and contact management.

Significant Staffing and Deployment Flexibility Provided to Developmental Services Agencies to Alleviate the Effects of COVID-19

On April 3, 2020, the Ontario government issued an order under the Emergency Management and Civil Protection Act (EMCPA) that applies to service agencies which provide services and supports to adults with developmental disabilities. Under the terms of the order, service agencies shall and are authorized to take, with respect to staffing and work deployment, any reasonably necessary measures to respond to, prevent and alleviate the outbreak of COVID-19.

Retirement Homes Given Staffing Powers in Light of COVID-19

On April 2, 2020, the Ontario government issued an order under the Emergency Management and Civil Protection Act authorizing every retirement home and licensee (within the meaning of the Retirements Homes Act, 2010) to take all reasonable steps necessary to respond to, prevent and alleviate the outbreak of COVID-19 in a retirement home.

Extraordinary Times – Limitations on Liberty and Privacy under the Health Protection and Promotion Act

On April 1, 2020, Ontario’s Chief Medical Officer urged his local public health counterparts to order COVID-19 patients and their contacts into quarantine. The situation, according to the Chief Medical Officer, is such that measures need to be put in place in order to manage this pandemic. Extraordinary times call for extraordinary measures and implementing the broad order-making powers of medical officers of health under the Health Protection and Promotion Act (HPPA) may be where we are headed. This means placing limitations on a person’s liberty and privacy.