Enforceability of Minimum Standards-Only Termination Clauses in Employment Contracts – What Employers Need to Know

On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…

Redeployment Ability of Health Service Providers (Including Hospitals) Expanded

On January 18, 2021, the Ontario government amended Ontario Regulation 74/20, Work Redeployment For Certain Health Service Providers (Regulation), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendments – which came into effect January 18, 2021 – are intended to help alleviate the increasing staffing and capacity issues faced by…

Ontario Declares Emergency, Issues Stay-at-Home Order

On January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…

Ontario Declares Second Provincial Emergency

On January 12, 2021, the Ontario government declared a second provincial emergency under the Emergency Management and Civil Protection Act (EMPCA) to address the concerning rise in COVID-19 cases, and also announced it is issuing a stay at home order. The government’s announcement outlined the changes that it will be implementing, which are summarized in…

Certain Industries to be Exempted from New Hours of Work and Notice of Schedule Requirements under Canada Labour Code

The federal government recently published proposed regulations Exemptions from and Modifications to Hours of Work Provisions Regulations (Proposed Regulations) made under the Canada Labour Code (Code). The Proposed Regulations would exempt certain sectors from the Code provisions requiring employers to provide 96 hours’ notice of work schedule, 8 hours’ notice of shift change, 30-minute breaks…

Ontario Launches First Aid Modernization Consultation

The Ministry of Labour, Training and Skills Development (Ministry) has launched a “First Aid Modernization” consultation on transferring the responsibility for first aid from the Workplace Safety and Insurance Board (WSIB) to the Ministry. Currently, the WSIB administers Regulation 1101, First Aid Requirements, made under the Workplace Safety and Insurance Act, 1997. Regulation 1101 applies…

Proposed Legislation to Ensure International Travellers Will Not Be Eligible for Recovery Benefits During Mandatory Quarantine Period

On January 11, 2021, the federal government announced that it will be proposing legislation to ensure international travellers returning to Canada will not be eligible to receive any of the recovery benefits – the Canada Recovery Benefit (CRB), the Canada Recovery Caregiving Benefit (CRCB) and the Canada Recovery Sickness Benefit (CRSB) – for their mandatory…

Ontario Makes Further Amendments to COVID-19 Rules

On January 9, 2021, the Ontario government filed three regulations made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 amending the Rules for Areas in Stages 1, 2 and 3, which set out the restrictions in light of COVID-19.   Among other things, Ontario Regulation 6/21 makes the following amendments to the…

Lockdown Extended in Northern Ontario; On-Line Learning for Elementary Students in Southern Ontario Extended to January 25, 2021

On January 7, 2021, the Ontario government announced that it is extending the current provincial lockdown an additional 14 days for the 7 public health unit regions in Northern Ontario. This will align the length of their lockdown with the length of the lockdown for the regions in Southern Ontario. The government also announced that…

COVID Case Law Update: Two Recent Decisions of Note in the Long-Term Care Sector

In this HR HealthCheck, we discuss two recently released arbitral decisions involving retirement and long-term care home providers whose responses to the COVID-19 pandemic were challenged by their unions. The first case deals with a mandatory testing policy. The second case considers an employer’s right to cancel an employee’s leave of absence in order to…