Private On-Site Rapid Testing for COVID-19 Expanded

On March 17, 2021, the Ontario government announced that: it has removed certain regulatory restrictions to make it easier to administer private, on-site testing for asymptomatic employees who wish to self-swab for a rapid antigen test on a voluntary basis (and under the supervision of a trained individual) a guide for organizations and individuals who…

Temporary Wage Enhancement For Personal Support Workers and Others to be Extended

The Ontario government has announced that the temporary wage enhancement for personal support workers and direct support workers in publicly funded home and community care, long-term care, public hospitals, and social services sectors will be extended until June 30, 2021. At that time, the wage enhancement will again be reviewed by the government. The temporary…

Accessibility Standards Canada Publishes Guidelines for COVID-19 and Other Emergencies

On March 11, 2021, Accessibility Standards Canada updated its resources page to provide accessibility guidelines for COVID-19 or other emergencies. These guidelines offer practical information for persons with disabilities, including employees, and employers on a range of topics that are highlighted below. Accessible practices for returning to the workplace addresses accessibility barriers that may exist…

Appellate Court Considers Contractual Rights Upon Termination in Light of Ocean Nutrition and Affirms Original Decision

In Mikelsteins v. Morrison Hershfield Limited, the Ontario Court of Appeal confirmed its earlier finding that an employee’s common law entitlements upon termination of employment are distinct from any rights the employee may have under a shareholder agreement where they have purchased the shares separate and apart from their compensation structure.      Background In June…

Further Amendments to Ontario’s Screening Tool for Workers

On March 9, 2020, the Ontario government again updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). Among other things, the Tool has been clarified to state that workers must be “actively screened” (as opposed to “screened”). In addition, if the worker answers “yes” to the question “Is anyone you live with…

Court Awards 5 Months’ Notice to Plaintiff with 4.5 Months’ Service and Who Was Pregnant at Time of Dismissal

In a recent summary judgment decision, Nahum v. Honeycomb Hospitality Inc., the Ontario Superior Court awarded 5 months’ reasonable notice to a plaintiff with 4.5 months’ service. In doing so, the Court found that the fact that the plaintiff was 5 months pregnant at the time of termination was an “important factor” in assessing her…

Important Updates Regarding Employment Insurance Regular Benefits, Recovery Benefits, and Upcoming CEWS Claim Periods

In the latest evolution of the federal government’s response to the ongoing global COVID-19 pandemic, on February 19, 2021, the government announced that it would be introducing regulatory and legislative amendments to increase the number of weeks of benefits available for Employment Insurance (EI) regular benefits, as well as the Canada Recovery Benefit (CRB), the…

Ontario Again Updates its Screening Tool for Workers

On February 26, 2021, the Ontario government made minor revisions to its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers).” The screening questions now ask if the person using the tool is experiencing “one or more” of the listed symptoms (previously, it was “any one” of the listed symptoms). More significantly, the screening questions…

Ministry of Education Releases New “School Board Teacher Hiring Practices” PPM

On February 22, 2021, the Ontario Ministry of Education (Ministry) released the much anticipated Policy/Program Memorandum No. 165 (PPM 165) regarding “School Board Teacher Hiring Practices.” PPM 165 comes in response to the revocation of Ontario Regulation 274/12 “Hiring Practices” and will replace the Interim policy for school board hiring practices. The PPM is effective…

Federal Government Publishes Proposed Accessible Canada Regulations and Invites Public Input

On February 13, 2021, the federal government issued a notice regarding the proposed Accessible Canada Regulations (Proposed Regulations), which establish a proposed framework to promote compliance with accessibility requirements under the Accessible Canada Act (ACA). The Proposed Regulations would apply to entities under federal jurisdiction. In this Federal Post, we provide an overview of the…