On October 1, 2021, the Ontario government announced that COVID-19 vaccinations will become mandatory for all in-home staff, support workers, students, and volunteers in long-term care homes, unless a valid medical exemption is presented. These individuals will have until November 15, 2021 to show proof that they have received all required doses of a COVID-19…
Industry: Healthcare
Appellate Court Confirms that Employers are not Obligated to Negotiate with Unions in Maintaining Pay Equity
On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…
Court Upholds CMOH Directives #1 and #5 as Reasonable and Consistent with the Precautionary Principle
In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…
Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation
The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
Further Details Released on Ontario’s Requirement for Proof of Vaccination in Select Settings
On September 1, 2021, the Ontario government announced that in order to access certain public settings, patrons would be required to provide proof of full vaccination against COVID-19. On September 14, 2021, it filed a regulation to give effect to these requirements. The new proof of vaccination requirements will begin to apply on September 22,…
Canada Heads to the Polls: Employers’ Obligation to Provide Paid Time Off to Vote
A federal election has been called for September 20, 2021. As the candidates hit the campaign trail and Election Day rapidly approaches, in this FTR Now we provide guidance to employers on their obligations to their employees under the Canada Elections Act. When do employers have to provide paid time off to vote? Under the…
Ontario Requires Proof of Vaccination in Certain Settings, and More
On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Employers Now Required to Follow Advice of Chief Medical Officer of Health on Vaccination Policies
On August 24, 2021, the Ontario government filed a regulation (O. Reg. 577/21) amending the Rules for Areas at Step 3 and at the Roadmap Exit Step with respect to the establishment and implementation of vaccination policies by businesses or organizations. Specifically, O. Reg. 577/21 requires businesses or organizations to operate in compliance with “any…