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…
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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…
Toronto Employers Take Note: Additional COVID-19 Measures Issued by Toronto Medical Officer of Health Including Reporting Obligations
Employers and persons responsible for businesses or organizations which are located in the City of Toronto and are permitted to be open during the current lockdown in Ontario are now subject to additional requirements in light of the increase in COVID-19 cases in the City. The provincial lockdown restrictions are set out in the Rules…
Ontario Announces Provincewide Shutdown
On December 21, 2020, the Ontario government announced a provincewide shutdown, effective Saturday December 26, 2020. As of that date, all parts of the province will be moved into the Grey Zone and will be subject to modified Rules for Areas in Stage 1 (Stage 1 Rules). Because different areas of the province are under…
Ontario Court of Appeal Upholds $1.27 Million Damages Award Against Employer for Breach of Fixed-Term Employment Contract
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Court of Appeal upheld a lower court decision awarding the respondent over $1.27 million in damages for constructive dismissal. Background The respondent had sold his family’s funeral business to the appellant employer and entered into a 10-year transitional consulting services agreement (TCSA) in 2012….