On July 30, 2021, the Ontario government filed a regulation which reveals that when the province exits from Step 3 of its Roadmap to Reopen, most of the existing COVID-19-related restrictions will be lifted. One key exception will be a continuing requirement for indoor masking. The Roadmap to Reopen contemplates a safe exit from Step…
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Ontario Moves to Step 3 of Reopening Plan
Effective July 16, 2021, all public health units in Ontario will be permitted to move to Step 3 of the province’s Roadmap to Reopen. This move comes ahead of schedule and is the result of improvements to key health indicators including decreasing COVID-19 case rates and high rates of vaccination. Once this occurs, all public…
Important Updates Regarding the Federal Pay Equity Act, the Canada Labour Code and CLC Regulations
In this Federal Post, we cover recent developments with respect to the federal Pay Equity Act, amendments to the Canada Labour Code (CLC) and highlight the proposed amendments to the CLC Regulations that are currently open for public consultation. Federal Pay Equity Act In Force on August 31, 2021 By: Lucy Wu The federal Pay…
Arbitrator Upholds Employers’ Mandatory COVID-19 Testing Program
In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183, Arbitrator Kitchen recently upheld the Abbott Panbio Rapid COVID-19 Antigen Screening Program implemented by EllisDon, a construction and building services company, at many of its worksites. Arbitrator Kitchen stated that “[w]hen one weighs the intrusiveness of the rapid test against the objective…
Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law
In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…
Ontario to Enter Step 1 of Reopening on June 11, 2021
The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.
British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages
On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. 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 that period beginning on March 1, 2020 and ending on September 25, 2021.
Ontario’s Declared Emergency and Stay-at-Home Order End on June 2, 2021
The declared emergency and the Stay-at-Home Order, both made under the Emergency Management and Civil Protection Act (EMCPA) on April 7, 2021, terminate today, June 2, 2021. Note that a Declared Emergency Leave (DEL) taken under the Employment Standards Act, 2000, generally ends on the date the declared emergency terminates, subject to exceptions. By motion…
Details about WSIB Reimbursement Process for Paid IDEL Now Available
On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….