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.
Industry: Colleges
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.
Important Updates Regarding the Extension of the Canada Emergency Wage Subsidy (CEWS)
On October 14, 2020, the Department of Finance Canada released its latest backgrounder regarding the CEWS. The Extending the Canada Emergency Wage Subsidy backgrounder (Backgrounder) summarizes a number of new and recently announced changes to the CEWS, including the extension of the CEWS to June 2021.
Ottawa, Toronto and Peel Region Now Subject to Modified Stage 2 Rules
Effective October 10, 2020, Ottawa, Toronto and Peel Region are subject to the Rules for Areas in Stage 2 as modified by O. Reg. 572/20 (Modified Rules) as a result of the increase in COVID-19 cases in these areas. The Office of the Premier has advised that the Modified Rules will be in place for a minimum of 28 days and will be reviewed on an ongoing basis.
Supreme Court Clarifies Employee Incentive Plan Entitlements During Notice Period
On October 9, 2020, the Supreme Court of Canada released its decision in Matthews v. Ocean Nutrition Canada Ltd. It confirmed that where terminated employees would be entitled to a bonus or other incentive payments during the reasonable notice period, employers must use clear and unambiguous language to remove or limit their common law rights. The Supreme Court also distinguished between the obligation to provide reasonable notice of termination and a breach of the duty to exercise good faith in the manner of dismissal.