On November 20, 2020 the Ontario government announced that it will be moving certain regions of the province to new levels of the Keeping Ontario Safe and Open Framework (Framework). This included moving the City of Toronto and Peel Region to the Grey Zone – Lockdown of the Framework, effective earlier today, November 23 at 12:01 a.m. These restrictions will be in effect for at least 28 days.
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Ontario Government Launches Workplace Education and Enforcement Campaigns to Ensure COVID-19 Health and Safety Compliance
On November 19, 2020, the Ontario government announced that it is launching a series of education and enforcement campaigns (“inspection blitzes”) to ensure Ontario businesses are taking the necessary steps for the safety of employees, consumers and the public in response to the COVID-19 pandemic. The campaigns have been developed in consultation with local health…
Temporary Layoff Provisions Extended Again, Proposed Regulations Under Pay Equity Act Now Available for Consultation
Two recent developments of note will impact federally regulated workplaces. First, the federal government has provided an additional extension of the temporary layoff provisions under the Canada Labour Standards Regulations in light of COVID-19. Second, it has published proposed regulations under the federal Pay Equity Act for consultation.
Note Extended Deadline for Filing AODA Compliance Report, and More
The Accessibility for Ontarians with Disabilities Act (AODA) sets out the process for developing and enforcing accessibility standards in Ontario. Its purpose is to achieve accessibility standards for Ontarians with physical and mental disabilities by 2025. All levels of government, private sector organizations and non-profit organizations must comply with this legislation.
Adjusting to Ontario’s New Colour-Coded COVID-19 Zones
The Ontario government has enacted new regulations that amend the Rules for Areas in Stage 2 and 3. The regulations aim to implement the recently announced reopening framework. The regulations:
Ontario Tables Fall Budget 2020
On November 5, 2020, the Ontario government tabled its 2020 Budget, Ontario’s Action Plan: Protect, Support, Recover (Budget), and introduced supporting implementation legislation, Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020(Bill 229).
Ontario Releases New Framework for COVID-19 Public Health Restrictions
On November 3, 2020, the Ontario government released its COVID-19 Response Framework: Keeping Ontario Safe and Open (Framework) which the government states “will serve as an early warning system allowing [it] to scale up and scale back public health restrictions on a regional or community basis in response to surges and waves of COVID-19.” The Framework will apply to businesses and organizations that operate within the applicable public health units, and it also contains sector-specific health and safety measures.
Ontario Tables Bill to Protect Persons from COVID-19-Related Liability
On October 20, 2020, Ontario introduced Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020. If passed, it would enact The Supporting Ontario’s Recovery Act, 2020 (Act) which provides protection for persons from liability for actions related to COVID-19. It would also remove the framework in the Municipal Elections Act, 1996 providing for ranked ballot elections for municipal council officers. As of today’s date, the Bill is at Second Reading in the Ontario legislature.
Supreme Court Finds Inability of Pension Plan Members to “Buy Back” Full Pension Credit for Job-Sharing Service to be Unconstitutional
On October 16, 2020, the Supreme Court of Canada released its decision in Fraser v. Canada (Attorney General). Justice Abella, writing for the majority, held that the inability of members who participated in a job-sharing program to “buy back” pension credits under the employer’s pension plan amounted to discrimination on the basis of sex, contrary to s. 15(1) of the Charter of Rights and Freedoms. In separate dissenting reasons, Justices Brown and Rowe on the one hand and Justice Côté on the other held that the appeal ought to have been dismissed, although for different reasons.
The End of CERB – The New Recovery Benefits and Temporary EI Changes
The federal government has implemented a suite of new income support benefits, including adjustments to the Employment Insurance (EI) system, to address the ongoing economic effects of the COVID-19 pandemic and the end of the Canada Emergency Response Benefit (CERB).