Human Resources Legislative Update

Ontario Again Updates its Screening Tool for Workers

On February 26, 2021, the Ontario government made minor revisions to its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers).” The screening questions now ask if the person using the tool is experiencing “one or more” of the listed symptoms (previously, it was “any one” of the listed symptoms). More significantly, the screening questions…

School Board Update

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…

Federal Post

Federal Government Publishes Proposed Accessible Canada Regulations and Invites Public Input

On February 13, 2021, the federal government issued a notice regarding the proposed Accessible Canada Regulations (Proposed Regulations), which establish a proposed framework to promote compliance with accessibility requirements under the Accessible Canada Act (ACA). The Proposed Regulations would apply to entities under federal jurisdiction. In this Federal Post, we provide an overview of the…

Human Resources Legislative Update

Ontario Publishes Further Update to its Screening Tool for Workers

On February 10, 2021, the Ontario government updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). The update clarifies that the Tool applies to all regions in Ontario (Rules for Areas in Stages 1, 2 and 3) and that employers must ensure that workers are screened before they go to work or…

Human Resources Legislative Update

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…


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…

Case In Point

Supreme Court of Canada Clarifies Principle of Good Faith in Contracts

On February 5, 2021, the Supreme Court of Canada released its decision Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, in which it commented on and clarified the principle of good faith in contracts, a principle previously recognized by the Court in Bhasin v. Hrynew.   Background The case involved a contract between…

School Board Update

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 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.

Human Resources Legislative Update

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…