On May 14, 2020, the Ontario government announced that certain workplaces will be able to resume operations beginning May 19, 2020, signalling the start of Stage 1 of the second phase of the province’s reopening strategy, “A Framework for Reopening our Province” (Stage 1). The government also announced additional seasonal services and activities that may open May 16, 2020.
Industry: Municipalities & Municipal Agencies
Federal Government Will Not Permit Employers to Top-Up the CERB Through a SUB Plan
On May 8, 2020, the federal government published a new question and answer (Q&A) about the use of Supplemental Unemployment Benefit (SUB) plans to top-up the Canada Emergency Response Benefit (CERB).
Temporary Pandemic Pay – Update on Recent Developments
There have been two developments this week in relation to pandemic pay: a temporary amendment to Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124) and the publication of a page entitled “COVID-19: Temporary pandemic pay” on the government website. However, key details, including how pandemic pay is to be operationalized, have yet to be announced. We therefore continue to advise employers to wait for the government to communicate this information before taking steps to implement any form of pandemic pay.
Canada Revenue Agency Announces Temporary COVID-19 Relief for Registered Pension Plans
In response to industry requests, the Canada Revenue Agency (CRA) announced on May 5, 2020 that the minimum 1% employer contribution rule applicable to defined contribution (DC) pension plans is temporarily suspended. In addition, the federal Department of Finance issued a comfort letter confirming that it will recommend an amendment to the Income Tax Regulations to extend the deadline for electing to purchase a leave of absence on a current-service basis. These measures are intended to temporarily assist the sponsors and administers of DC and defined benefit (DB) registered pension plans in light of the COVID-19 pandemic.
Ontario Unveils Framework for Reopening the Province
On April 27, 2020, the Ontario government announced its framework for reopening Ontario (Framework), which sets out the criteria the Chief Medical Officer of Health (CMOH) and health experts will use to advise the government on the timing of and direction for lifting emergency measures, as well as the principles for reopening businesses, services, and…
New Measures to Support the Delivery of Frontline Care in the Long-Term Care Setting
In this FTR Now, we review the latest order (Order) made under the Emergency Management and Civil Protection Act (EMCPA) on April 24, 2020 regarding temporary measures focusing on the long-term care sector and the fight against COVID-19 (O. Reg. 174/20). We also discuss the new temporary pandemic payment introduced to support certain frontline workers in Ontario, announced by the Ontario government on April 25, 2020.
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).
Emergency Orders Made Regarding Municipal Work Deployment and Staffing in Light of COVID-19
On April 16, 2020, the provincial government made an Order under the Emergency Management and Civil Protection Act (EMCPA), O. Reg. 157/20 Work Deployment Measure for Municipalities, which authorizes municipalities to take any reasonably necessary measures with respect to work redeployment and staffing in order to prevent, reduce or mitigate the effects of COVID-19 on a specific list of critical municipal services (Critical Services).
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.
WSIB Claims in Light of COVID-19
The Workplace Safety and Insurance Board (WSIB) has published a “Frequently Asked Questions” page to address questions regarding COVID-19 claims, the impact of COVID-19-related closures on injured workers, and changes in WSIB processes during this period. Below is a brief summary of the key points.