The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…
Industry: Arts & Sports
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
Further Details Released on Ontario’s Requirement for Proof of Vaccination in Select Settings
On September 1, 2021, the Ontario government announced that in order to access certain public settings, patrons would be required to provide proof of full vaccination against COVID-19. On September 14, 2021, it filed a regulation to give effect to these requirements. The new proof of vaccination requirements will begin to apply on September 22,…
Canada Heads to the Polls: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for September 20, 2021. As the candidates hit the campaign trail and Election Day rapidly approaches, in this FTR Now we provide guidance to employers on their obligations to their employees under the Canada Elections Act. When do employers have to provide paid time off to vote? Under the…
Ontario Requires Proof of Vaccination in Certain Settings, and More
On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…
Employers Now Required to Follow Advice of Chief Medical Officer of Health on Vaccination Policies
On August 24, 2021, the Ontario government filed a regulation (O. Reg. 577/21) amending the Rules for Areas at Step 3 and at the Roadmap Exit Step with respect to the establishment and implementation of vaccination policies by businesses or organizations. Specifically, O. Reg. 577/21 requires businesses or organizations to operate in compliance with “any…
Ontario to Implement Mandatory Vaccination Policies for Hospitals, Schools, Post-Secondary Institutions, and More
On August 17, 2021, the Ontario government announced that it is making COVID-19 vaccination policies mandatory for certain high-risk settings, which include hospitals, schools and post-secondary institutions, among others. The government also announced: it is pausing the exit from Step 3 into the Roadmap Exit Step, in light of concerns regarding the transmission of COVID-19…
Ontario to Lift Most Restrictions Related to COVID-19 When it Exits Step 3
On July 30, 2021, the Ontario government filed a regulation which reveals that when the province exits from Step 3 of its Roadmap to Reopen, most of the existing COVID-19-related restrictions will be lifted. One key exception will be a continuing requirement for indoor masking. The Roadmap to Reopen contemplates a safe exit from Step…
Ontario Moves to Step 3 of Reopening Plan
Effective July 16, 2021, all public health units in Ontario will be permitted to move to Step 3 of the province’s Roadmap to Reopen. This move comes ahead of schedule and is the result of improvements to key health indicators including decreasing COVID-19 case rates and high rates of vaccination. Once this occurs, all public…
Divisional Court Finds “Permanent Residence” Not a Protected Ground under Ontario Human Rights Code
In the recently released decision of Imperial Oil Limited v. Haseeb, a majority of the Divisional Court (Court) quashed a decision of the Human Rights Tribunal of Ontario (Tribunal) which treated “permanent residence” as intrinsically included in the protected ground of “citizenship.” The majority held that such an expansion to the ground of “citizenship” was…