New Measures to Support the Delivery of Frontline Care in the Long-Term Care Setting

In this FTR Now, we review the latest order (Order) made under the Emergency Management and Civil Protection Act (EMCPA) on April 24, 2020 regarding temporary measures focusing on the long-term care sector and the fight against COVID-19 (O. Reg. 174/20). We also discuss the new temporary pandemic payment introduced to support certain frontline workers in Ontario, announced by the Ontario government on April 25, 2020.

Further Measures Announced in Relation to COVID-19

Late last week, the Ontario government amended a number of measures already introduced in light of COVID-19. It updated the “COVID-19 Self-Assessment Tool” to include an expanded list of symptoms for which self-isolation is required. It made further orders under the Emergency Management and Civil Protection Act regarding health care, an expanded list of essential workers eligible for child care and seasonal campgrounds. The federal government provided more information on initiatives already underway, including with respect to the eligibility requirements for the Canada Emergency Response Benefit (CERB).

Emergency Orders Made Regarding Municipal Work Deployment and Staffing in Light of COVID-19

On April 16, 2020, the provincial government made an Order under the Emergency Management and Civil Protection Act (EMCPA), O. Reg. 157/20 Work Deployment Measure for Municipalities, which authorizes municipalities to take any reasonably necessary measures with respect to work redeployment and staffing in order to prevent, reduce or mitigate the effects of COVID-19 on a specific list of critical municipal services (Critical Services).

Ontario Legislation Extends Time Limit for Student Expulsions

Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.

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.