The Ontario Superior Court recently considered the interaction of the Infectious Disease Emergency Leave Regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA)and a claim for constructive dismissal at common law. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…
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Long-Term Care COVID-19 Commission Submits Final Report
On April 30, 2021, Ontario’s Long-Term Care COVID-19 Commission submitted its Final Report to the Minister of Long-Term Care. The Commission was created by the Ontario government in July 2020 in response to the impact of the COVID-19 pandemic in the long-term care sector. Specifically, the Commission was asked “to investigate the cause of the…
Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA
A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…
Ontario Announces Paid Sick Leave for Reasons Related to COVID-19
On April 28, 2021, the Ontario government announced that it will be introducing legislation to provide up to three sick paid leave days to eligible employees if they are taken for reasons related to COVID-19. The program would be retroactive to April 19, 2021 and remain in effect until September 25, 2021, the date the…
Ontario Amends Rules Relating to Staffing in Long-Term Care and Retirement Homes in Light of Surge in COVID-19 Cases
On April 23, 2021, the Ontario government filed a number of regulations with respect to long-term care and retirement homes in light of the pandemic and the ongoing strain it has placed on healthcare staffing. In this HR Healthcheck we outline the key aspects of these regulations. Work Redeployment For Local Health Integration Networks And…
Human Rights Tribunal of Ontario Seeking Public Input on Proposed Changes to its Documents and Processes
On April 20, 2021, the Human Rights Tribunal of Ontario (HRTO or Tribunal) announced that it is seeking feedback on changes to some of its forms, guides, rules and processes in an attempt to provide more efficient dispute resolution. The Tribunal is inviting feedback from the public and stakeholders with regards to the following: Draft…
New COVID-19 Restrictions on Masks/Face Coverings in the Workplace; Exceptions To Border Closure Restrictions Related to Students
On April 23, 2021, the Ontario government filed a number of regulations with respect to the Rules for Areas in Stage 1, Stage 2 and Stage 3. The General Rules for each Zone have been amended to require that persons responsible for a business or organization shall ensure that every person who works for those…
Key Highlights of Federal Budget 2021
On April 19, 2021, the federal government tabled its 2021 Budget “A Recovery Plan For Jobs, Growth, And Resilience” (Budget). The Budget sets out a broad range of proposals stemming from the pandemic, such as an extension of the Canada Emergency Wage Subsidy (CEWS) and an increase to the length of Employment Insurance (EI) sickness…
Ontario Makes Two Emergency Orders to Assist Hospitals in Responding to Increasing COVID-19 Cases
On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….
Adverse Reactions to COVID-19 Vaccines: Employers’ WSIB Reporting Obligations and Claim Costs
The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…