On December 17, 2021, the Ontario government announced it is taking further public heath measures in light of the rapidly spreading Omicron variant. The new measures significantly expand upon the December 15 announcement reducing capacity limits to 50% in certain settings with a usual capacity of 1000 or more. Effective December 19, 2021, the following…
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Ontario Reduces Certain Capacity Limits in Light of Omicron Variant
On December 15, 2021, the Ontario government announced that in light of the Omicron variant, it is reducing capacity limits to 50% for the following indoor venues with a usual capacity of 1000 persons or more: facilities used for sports and recreational fitness activities entertainment facilities such as concert venues, theatres and cinemas racing venues…
Ontario Announces Further Extension of Paid and Deemed Infectious Disease Emergency Leaves
On December 7, 2021, the Ontario government announced that it would be extending the program that provides eligible employees with up to three days of paid infectious disease emergency leave (Paid IDEL) until July 31, 2022 (previously set to expire December 31, 2021). The government also announced that it would be extending the temporary relief…
Federal Government Announces COVID-19 Vaccination Requirement for Federally Regulated Workplaces
On December 7, 2021, the federal government announced that it will propose regulations under Part II of the Canada Labour Code to make vaccination against COVID-19 mandatory in all federally regulated workplaces. The government stated that it will be consulting with key stakeholders on these new regulations, which it anticipates will come into force in…
Federal Government Tables New COVID-19 Leaves Under the Canada Labour Code
On November 24, 2021, the federal government tabled Bill C-2, An Act to provide further support in response to COVID-19. Among other things, if passed, Bill C-2 would reintroduce COVID-19 leaves of absence (repealed on November 20, 2021), as amended, under the Canada Labour Code (Code). Under Bill C-2, the new COVID-19 leaves would provide:…
Federal COVID-19 Leaves Now Repealed
Effective November 20, 2021, the leaves relating to COVID-19 under the Canada Labour Code have been repealed. The first leave was up to four weeks to be taken in prescribed circumstances related to COVID-19. The second leave was up to 42 weeks where the employee was unable to work because they must care for a…
Court Denies Injunction Motions and Allows Mandatory Vaccination Policies to be Implemented
The Ontario Superior Court has refused to stay the implementation of two mandatory workplace COVID-19 vaccination policies, pending the outcome of grievance arbitrations challenging the validity of those policies. On November 20, 2021, the Court rendered its decision in Amalgamated Transit Union, Local 113 et al v. Toronto Transit Commission and National Organized Workers Union…
Ministry Issues Updated Directive for Vaccination Requirements in Long-Term Care Homes
On November 4, 2021, the Minister of Long-Term Care issued an updated Long-term care home COVID-19 immunization policy directive (Directive). The Directive is effective as of November 4, 2021 and replaces the previous version dated October 1, 2021, which we covered in our HR HealthCheck of October 13, 2021. Under the Directive, every licensee of…
Arbitrator Finds Mandatory Vaccination Policy to be Unreasonable
In this FTR Now, we review the arbitration award issued on November 11, 2021 by Arbitrator John Stout in Electrical Safety Authority and Power Workers’ Union, in which he assessed the reasonableness of an employer’s mandatory vaccination policy. In the specific context of the workplace, and its associated workplace dangers and hazards arising from COVID-19…
Arbitrator Upholds Mandatory Vaccination Policy
On November 9, 2021, Arbitrator Von Veh upheld the mandatory vaccination policy (Policy) implemented by a security company, finding the company acted reasonably in implementing the Policy and that it did not breach the collective agreement. The award provides some helpful guidance for employers that have implemented similar policies. In United Food And Commercial Workers…