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…
Practice Area: Employment Law
Appellate Court Considers Employee’s Entitlement to Incentive Compensation in Light of Ocean Nutrition; Majority Affirms Original Decision
In Manastersky v. Royal Bank of Canada, a majority of the Ontario Court of Appeal confirmed its earlier finding that a trial judge had erred when he found a former executive was presumptively entitled to incentive compensation during the reasonable notice period. Background Facts During his employment with RBC Dominion Securities Inc. (RBCDS), Mr. Manastersky…
Ontario to Implement Mandatory Vaccination Policies for Hospitals, Schools, Post-Secondary Institutions, and More
On August 17, 2021, the Ontario government announced that it is making COVID-19 vaccination policies mandatory for certain high-risk settings, which include hospitals, schools and post-secondary institutions, among others. The government also announced: it is pausing the exit from Step 3 into the Roadmap Exit Step, in light of concerns regarding the transmission of COVID-19…
Ontario Releases COVID-19 Health and Safety Guidance for Schools
On August 3, 2021, the Ministry of Education (MOE) released its COVID-19: Health, Safety and Operational Guidance for Schools (2021-2022) (Direction), which is its plan for return to school in September. The Direction was approved by the Office of the Chief Medical Officer of Health for the purpose of regulations made under the Reopening Ontario…
Ontario to Lift Most Restrictions Related to COVID-19 When it Exits Step 3
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…
Federal Government Announces Further Extension of and Changes to the Canada Emergency Wage Subsidy
On July 30, 2021, the federal government proposed to further extend the Canada Emergency Wage Subsidy (CEWS) until October 23, 2021 and to hold the maximum subsidy rate at 40% during the period between August 29, 2021 and September 25, 2021. The federal government also confirmed the end of CEWS support for payments made to…
Ontario Consults on the “Future of Work” as it enters COVID-19 Recovery Phase
The Ontario government has established a Workforce Recovery Advisory Committee to lead consultations and to provide recommendations on the “future of work” in the province. As stated by the government, the Committee’s recommendations regarding the “future of work” will focus on three pillars: Economic recovery: How to make Ontario the top jurisdiction with a world-class…
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…
Ontario Superior Court Refuses to Certify Proposed Employment Class Action
In Curtis v Medcan Health Management Inc., Justice Perell of the Ontario Superior Court refused to certify a proposed class action related to vacation and statutory holiday pay, finding that a class proceeding would not be the preferable procedure for the resolution of common issues. The Ontario Employment Standards Act (ESA) requires that employees receive…
Extension of the Canada Emergency Wage Subsidy and Introduction of the Canada Recovery Hiring Program – A Summer Refresher
On June 29, 2021, Bill C-30, Budget Implementation Act, 2021, No. 1 (Bill C-30) received Royal Assent, giving effect to many of the initiatives found in the federal government’s 2021 Budget (see our FTR Now of April 23, 2021). Bill C-30 sets out the proposed amendments to the Income Tax Act (ITA) supporting the extension…