On October 5, 2021, the Ontario government announced that it is increasing access to rapid antigen COVID-19 testing for schools and licensed child care settings, where there is increased risk of transmission of COVID-19. The program will provide rapid screening for unvaccinated and asymptomatic children and students. The testing will be done on a voluntary…
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Ontario Announces Mandatory Vaccination Requirements for Long-Term Care Homes
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…
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 Eases Capacity Limits for Certain Indoor and Outdoor Settings
On September 24, 2021, the Ontario government announced that effective September 25, 2021 at 12:01 am, it is easing capacity limits for certain indoor and outdoor settings where proof of vaccination is required. Proof of vaccination will also be required for additional specified outdoor settings. Ontario Regulation 678/21 amends Ontario Regulation 364/20, Rules for Areas…
Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccination
On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…
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,…
Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL
On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…
Update on Immunization Disclosure Policy for School Boards
On August 17, 2021, the Ontario government announced that COVID-19 vaccination policies will be made mandatory in certain settings including, but not limited to, publicly funded school boards, private schools and licensed child care settings for the 2021-22 school year. On August 18, 2021, the Minister of Education outlined further details of this initiative in…
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…