On February 10, 2021, the Ontario government published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their…
Industry: Long-Term Care and Home Care
Ontario’s Regional Approach to Pandemic Management: Amendments to the Yellow, Orange, Red and Grey Zones
The Ontario government is continuing its recently announced return to a regional approach to pandemic management and to a modified provincial COVID-19: Response Framework. The first phase, discussed in greater detail in our February 10, 2021 FTR Now, involved the creation of a new Shutdown Zone as part of the Rules for Areas in Stage…
Ontario Ends Declared Emergency and Resumes Regional Approach to Pandemic Management
On February 8, 2021, the Ontario government announced that the declared emergency under the Emergency Management and Civil Protection Act would be terminated at the end of day, February 9, 2021. It also announced that it would be gradually resuming its regional approach to managing the pandemic that was previously in effect. While most regions of the province will remain in a shutdown, three public health regions have been moved to lesser restrictions.
New Common Law Tort of Internet Harassment Recognized by Ontario Superior Court
The problem of hateful communication on the internet has garnered much recent attention. In Caplan v. Atas, Justice Corbett of the Ontario Superior Court of Justice recognized a new common law “tort of internet harassment” to address this issue. The decision comes nearly two years after the Ontario Court of Appeal declined to recognize a…
Ontario Publishes Updated Tool for Screening Workers
The Ontario government has updated its COVID-19 tool for screening workers before they go to work each day. The “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers),” issued by the Chief Medical Officer of Health, contains several changes of note to employers. These include: a reference to the regulatory screening requirement under O. Reg….
Enforceability of Minimum Standards-Only Termination Clauses in Employment Contracts – What Employers Need to Know
On January 14, 2021, the Supreme Court of Canada denied the employer’s leave to appeal application from the decision of the Ontario Court of Appeal in Waksdale v Swegon North America. That decision held that termination clauses in employment contracts must be read together and if one contravenes the Employment Standards Act, 2000 (ESA), all…
Redeployment Ability of Health Service Providers (Including Hospitals) Expanded
On January 18, 2021, the Ontario government amended Ontario Regulation 74/20, Work Redeployment For Certain Health Service Providers (Regulation), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The amendments – which came into effect January 18, 2021 – are intended to help alleviate the increasing staffing and capacity issues faced by…
Ontario Declares Emergency, Issues Stay-at-Home Order
On January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. The emergency declaration took effect immediately. At the same time, the government announced that it would be issuing a range of other orders to enhance the…
Ontario Declares Second Provincial Emergency
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…
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…