Ministry of Education Releases New “School Board Teacher Hiring Practices” PPM

On February 22, 2021, the Ontario Ministry of Education (Ministry) released the much anticipated Policy/Program Memorandum No. 165 (PPM 165) regarding “School Board Teacher Hiring Practices.” PPM 165 comes in response to the revocation of Ontario Regulation 274/12 “Hiring Practices” and will replace the Interim policy for school board hiring practices. The PPM is effective…

Public Input Regarding Exemptions From The Police Record Checks Reform Act, 2015 Requested

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…

Debate Regarding Regulatory Obligations for Kindergarten Class Size Caps Now Resolved in Favour of School Boards

For 20 years, beginning in 1997, school boards and teachers’ federations agreed that class size limits pertaining to elementary school students needed to be met only by and on a “determination date” identified in the first half of the fall term. Following the negotiation of its 2017 Extension Agreement and an associated Letter of Commitment from the Crown, the Elementary Teachers’ Federation of Ontario (ETFO) challenged this mutual understanding in two related arbitrations. Two arbitration awards and one judicial review later, the issue has now been definitively resolved – in favour of the school boards’ interpretation and the continuation of the historical compliance system.

Ontario Announces Additional Schools to Return to In-Person Learning

On February 3, 2021, the Ontario Minister of Education announced the dates for return to in-person learning for the remaining schools that have not yet opened for in-person learning. On Monday February 8, elementary and secondary schools located in the following public health units will return to in-person learning: Brant County Health Unit Chatham-Kent Public…

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….

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…

Temporary Relief from ESA Termination and Severance Pay Obligations for Hospitality and Related Industries

On December 17, 2020, the Ontario government filed a new regulation under the Employment Standards Act, 2000 (ESA), Ontario Regulation 764/20: Terms And Conditions Of Employment In Defined Industries – Hospitality, Tourism And Convention And Trade Show Industries (Regulation). As stated by the government, the Regulation provides certain employers with an alternative to putting termination…

New Administrative Monetary Penalties under Canada Labour Code Coming into Force on January 1, 2021

On January 1, 2021, the new Part IV “Administrative Monetary Penalties” of the Canada Labour Code (Code) will come into force together with other amendments to the Code. Part IV Administrative Monetary Penalties Part IV was enacted by Bill C-44, Budget Implementation Act, 2017, No. 1. Among other things, Part IV: establishes a penalty system…

Federal Government Publishes Guideline on Incoming Work Place Harassment and Violence Prevention Obligations

On November 30, 2020, the federal government published Work Place Harassment and Violence Prevention (HVP), an Interpretations, Policy, Guidelines document (IPG Document) to address some questions relating to the incoming harassment and violence provisions of the Canada Labour Code (Code) and its supporting Regulation, which are set to come into force on January 1, 2021….