COVID-19 – Continuity of Pension Plan Administration and Related Regulatory Flexibility

During these uncertain times, pension plan administrators must continue to administer their pension plans and provide benefits to members, former members and retired members. Employers and pension plan administrators face a number of upcoming filing and disclosure deadlines and may have challenges in meeting those deadlines as a result of the COVID-19 pandemic.

Employers Take Note: New PHIPA Amendments

On March 25, 2020, the provincial government passed Bill 188, Economic and Fiscal Update Act, 2020, which amends various statutes, including the Personal Health Protection Information Act, 2004 (PHIPA). Included among these amendments are new requirements for health information custodians relating to electronic audit logs, requirements for “consumer electronic service providers,” the ability of justices to make production orders, administrative penalties that can be issued by the Information and Privacy Commissioner of Ontario (Commissioner) and a significant increase in the amount of penalties and possible imprisonment for offences. Unless otherwise indicated, these amendments came into force on March 25, 2020.

New Leave Relating to COVID-19 under Canada Labour Code

On March 25, 2020, the federal government passed Bill C-13, COVID-19 Emergency Response Act, which contains various fiscal and other measures designed to deal expeditiously with the COVID-19 pandemic in Canada. Included among these measures is an amendment to the Canada Labour Code (Code) which provides an unpaid leave of up to 16 weeks for employees who are unable or unavailable to work for reasons related to COVID-19. The COVID-19 Leave came into force on March 25, 2020.

Ontario’s Announcement about Closure of Non-Essential Businesses: Questions and Answers for Employers

On March 23, 2020 Premier Doug Ford announced that effective 11:59 p.m. on Tuesday, March 24, all non-essential businesses will be ordered to close for 14 days, and possibly longer. This order is made further to the emergency declared on March 17, 2020 under the Emergency Management and Civil Protection Act. Here is what employers need to consider now.

Ontario Amends the ESA to Extend Employee Protections in Response to the COVID-19 Pandemic

On March 19, 2020, the Ontario Legislature met in an emergency session to pass legislation to extend protections for employees in light of the COVID-19 pandemic. Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 amends the leaves of absence provisions of the Employment Standards Act, 2000 (ESA) to provide more leave entitlements to employees impacted by the pandemic and to prohibit employers from requesting medical notes in relation to the new leave.