On November 20, 2020, the Ontario government filed two regulations that allow point-of-care testing for COVID-19 to take place outside of laboratories and permit an expanded list of healthcare professionals to perform COVID-19 testing. The regulations came into effect on November 20.
Insights
FTR Now
New Order Clarifies Scope of Pandemic Pay
· 3 min readOn April 25, 2019, the Ontario government announced that it would be providing temporary pandemic pay to frontline workers fighting COVID-19. At the time, we observed that there were some key unknown elements about pandemic pay that required further direction from the government.
FTR Now
On Friday, May 29, 2020, the Ontario government published a new regulation under the Employment Standards Act, 2000 (ESA) that is intended to provide temporary relief from the ESA’s termination and severance provisions for employers whose operations have been shut down or otherwise curtailed by COVID-19 – O. Reg. 228/20, Infectious Disease Emergency Leave (IDEL Regulation).
FTR Now
There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.
HR HealthCheck
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.
FTR Now
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.”
FTR Now
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.
FTR Now
On April 1, 2020, the Ontario government issued an emergency order giving provincial boards of health the authority to take all reasonable steps necessary with respect to work deployment and staffing in light of COVID-19.
FTR Now
A recent arbitral decision from Arbitrator Jasbir Parmar has provided some much needed clarification on municipalities’ obligations when accommodating pregnant firefighters on 24 hour shifts.
FTR Quarterly
FTR Quarterly – Issue 13
· 7 min readIn This Issue: The Gig Economy, AI In the Workforce and more!
FTR Now
On November 15, 2018, the Ontario government introduced Bill 57, Restoring Trust, Transparency and Accountability Act, 2018 (Bill 57), omnibus legislation giving effect to initiatives found in its 2018 Ontario Economic Outlook and Fiscal Review. If passed, Schedule 18 of Bill 57 will amend the Fire Protection and Prevention Act, 1997 (FPPA) to, among other things, address collective bargaining and interest arbitration in the sector, and enhance protections for volunteer firefighters engaged in “two hatting.”
FTR Views
Emergency Medical Services (EMS) Settlements [Video]
· 5 min readEverything a municipality always wanted to know about Emergency Medical Services (EMS) settlements… and more. Watch this video featuring Mark Mason for an overview of current information you, as an employer, should be aware of in reaching settlements with your EMS staff, including percentage increases in recent settlements, current trends, the differences across jurisdictions, hourly rates and comparators.
Case In Point
Arbitrator Sheehan recently dismissed a grievance by the Hamilton Professional Fire Fighters’ Association which asserted that the denial of a claim for payment of the grievor’s spouse’s medical marijuana breached the collective agreement. The grievor had submitted a claim to Manulife under the City of Hamilton’s benefit plan, seeking reimbursement for its costs. He had…
FTR Now
The Ongoing Saga of the 24 Hour Firefighter Shift
· 7 min readIn recent years, one of the top demands sought by fire associations at the bargaining table and at interest arbitration has been the 24 hour shift schedule. Many municipalities have continued to vigorously resist this demand. In our FTR Now “Three Recent Decisions, Three Different Results – An Update on the 24 Hour Shift in…
FTR Quarterly
2013 Winter Edition
· 1 min readFOCUS ON BARGAINING Hard bargains LEGAL DEVELOPMENTS The OLRB declines to interfere with legitimate subcontractor relationship Employment contracts: how to get it right and help your chance of success PROFILE Quick study Download PDF
FTR Now
On March 10, 2011, a private member’s motion calling upon the Ontario government to introduce legislation allowing for the mandatory retirement of firefighters involved in fire suppression duties at age 60 was passed in the Legislature. While there is no indication at this time as to whether the government will propose such legislation, the motion…