As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Practice Area: Human Rights
Employees Who Continue to Work from Home – Practical Considerations for Employers
As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.
Further Measures Announced in Relation to COVID-19
Late last week, the Ontario government amended a number of measures already introduced in light of COVID-19. It updated the “COVID-19 Self-Assessment Tool” to include an expanded list of symptoms for which self-isolation is required. It made further orders under the Emergency Management and Civil Protection Act regarding health care, an expanded list of essential workers eligible for child care and seasonal campgrounds. The federal government provided more information on initiatives already underway, including with respect to the eligibility requirements for the Canada Emergency Response Benefit (CERB).
Ontario Legislation Extends Time Limit for Student Expulsions
Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.
Emergency Order Issued Which Relates to Service Agencies Providing Violence Against Women Residential Services and Crisis Line Services
On April 15, 2020, the Ontario government issued an Order under the Emergency Management and Civil Protection Act (EMCPA) that applies to service agencies funded by the Ministry of Children, Community and Social Services, and which provide (1) residential or emergency residential services under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program, or (2) provincial crisis line services under the Violence Against Women Support Services program. The Order applies for the duration of the declared emergency under the EMCPA.
COVID-19 and Long-Term Care – Ontario Government Imposes “Single-Employer” Rule for Long-Term Care Employees
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.
Federal Wage Subsidy Legislation Passed
On April 11, 2020, Bill C-14, the COVID-19 Emergency Response Act, No. 2, (Bill C-14), received Royal Assent after another emergency session of Parliament. Bill C-14 enacts the Canada Emergency Wage Subsidy (CEWS). It includes new details about which employers are eligible, and the calculation of gross revenue and the subsidy. On the same date, the federal government also updated its backgrounder describing the CEWS, reflecting the final form of the legislation.
Significant Staffing and Deployment Flexibility Provided to Developmental Services Agencies to Alleviate the Effects of COVID-19
On April 3, 2020, the Ontario government issued an order under the Emergency Management and Civil Protection Act (EMCPA) that applies to service agencies which provide services and supports to adults with developmental disabilities. Under the terms of the order, service agencies shall and are authorized to take, with respect to staffing and work deployment, any reasonably necessary measures to respond to, prevent and alleviate the outbreak of COVID-19.
Ontario Orders More Business Closures in Light of COVID-19 Pandemic; Clarifies Obligations of Businesses that Remain Open
On April 3, 2020, the Ontario government announced that more businesses must close because they are no longer considered essential in light of the COVID-19 pandemic. These businesses must close effective tomorrow, Saturday April 4, 2020 at 11:59 p.m.
Federal Government Releases Further Details for COVID-19 Economic Relief
On April 1, 2020, the federal government provided important additional information about the previously announced expanded wage subsidy program and the Canada Emergency Response Benefit (CERB).