Late last week, the Ontario government amended a number of measures already introduced in light of COVID-19. It updated the “COVID-19 Self-Assessment Tool” to include an expanded list of symptoms for which self-isolation is required. It made further orders under the Emergency Management and Civil Protection Act regarding health care, an expanded list of essential workers eligible for child care and seasonal campgrounds. The federal government provided more information on initiatives already underway, including with respect to the eligibility requirements for the Canada Emergency Response Benefit (CERB).
Industry: Municipalities & Municipal Agencies
Emergency Orders Made Regarding Municipal Work Deployment and Staffing in Light of COVID-19
On April 16, 2020, the provincial government made an Order under the Emergency Management and Civil Protection Act (EMCPA), O. Reg. 157/20 Work Deployment Measure for Municipalities, which authorizes municipalities to take any reasonably necessary measures with respect to work redeployment and staffing in order to prevent, reduce or mitigate the effects of COVID-19 on a specific list of critical municipal services (Critical Services).
COVID-19 and Long-Term Care – Ontario Government Imposes “Single-Employer” Rule for Long-Term Care Employees
On April 14, 2020, the Ontario government issued an Emergency Order (Order) pursuant to the Emergency Management and Civil Protection Act (EMCPA) which relates specifically to staffing issues in Ontario’s long-term care sector. The Order, O. Reg. 146/20, Limiting Work to a Single Long-Term Care Home, creates immediate obligations for both long-term care employers and employees working in long-term care homes. Once the requirements of the Order are met, the Order will effectively impose a “single-employer” rule for employees in this sector, preventing them from working for more than one Health Service Provider or retirement home until the Order is lifted.
WSIB Claims in Light of COVID-19
The Workplace Safety and Insurance Board (WSIB) has published a “Frequently Asked Questions” page to address questions regarding COVID-19 claims, the impact of COVID-19-related closures on injured workers, and changes in WSIB processes during this period. Below is a brief summary of the key points.
Federal Wage Subsidy Legislation Passed
On April 11, 2020, Bill C-14, the COVID-19 Emergency Response Act, No. 2, (Bill C-14), received Royal Assent after another emergency session of Parliament. Bill C-14 enacts the Canada Emergency Wage Subsidy (CEWS). It includes new details about which employers are eligible, and the calculation of gross revenue and the subsidy. On the same date, the federal government also updated its backgrounder describing the CEWS, reflecting the final form of the legislation.
Ontario Updates COVID-19 Provincial Testing Guidance
In its “COVID-19 Quick Reference Public Health Guidance on Testing and Clearance” of March 27, 2020, the Ontario Ministry of Health (MOH) stated that only symptomatic individuals should be tested.
Additional Details of Canada Emergency Wage Subsidy and Enhanced Summer Jobs Program Released
After making its initial announcement about the significantly expanded Canada Emergency Wage Subsidy (CEWS) program, the federal government announced on April 8, 2020, that it is introducing additional flexibility to the CEWS, and provided additional details about how the program will operate.
Emergency Order Allows First Responders Access to COVID-19 Information
The Ontario government has made an order under the Emergency Management and Civil Protection Act (EMCPA) which allows specified first responders to have access to “COVID-19 status information” about persons with whom they are coming into contact in the course of their duties. The government announced that the information will be used solely for the purpose of permitting first responders “to take appropriate safety precautions to protect themselves and the communities they serve.”
COVID-19 Update: Questions and Answers for Municipalities
On March 17, 2020 the Ontario government declared a state of emergency under the Emergency Management and Civil Protection Act (EMCPA). This has been followed by a series of Orders that have significant operational impacts on municipalities.
OMHRA Spring 2020 ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers
The Spring 2020 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “Court Upholds Decision Finding Firefighter’s Heart Attack Was Not Work-related,” Jessica Toldo and Amanda Cohen discuss a recent decision of the Ontario Divisional Court, where it dismissed an application for judicial review of a decision by the Workplace Safety and Insurance Tribunal (WSIAT) denying benefits under the Workplace Safety and Insurance Act, 1997 to the estate of a firefighter who died of a heart attack in 2010.