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.
Topic: Coronavirus (COVID-19)
Superior Court Finds Ontario’s IDEL Regulation Does Not Preclude Constructive Dismissal Claim at Common Law
The Ontario Superior Court recently considered the interaction of 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. In Coutinho v. Ocular Health Centre Ltd., the Court dismissed the employer’s position that the IDEL Regulation constituted a defence to a…
Ontario Makes Two Emergency Orders to Assist Hospitals in Responding to Increasing COVID-19 Cases
On April 21, 2021, the Ontario government made two emergency orders under the Emergency Management and Civil Protection Act (EMCPA) which will have an immediate impact on hospitals and the ongoing staffing challenges they face in dealing with COVID-19 cases. The first Order will permit staff in independent health facilities to be redeployed to hospitals….
Adverse Reactions to COVID-19 Vaccines: Employers’ WSIB Reporting Obligations and Claim Costs
The Workplace Safety and Insurance Board (WSIB) recently clarified its position with respect to the coverage of claims for COVID-19 vaccine reactions. Specifically, the WSIB FAQ section was updated with respect to employers’ reporting obligations regarding adverse reactions to COVID-19 vaccines as well as the impact of costs associated with COVID-19 vaccination claims. The recent…
Ontario Amends Rules for Shutdown Zone Regarding School Closures and Limited Circumstances in Which They May Operate
The Ontario government has amended the Rules for Areas in Stage 1 to give effect to its recent announcement regarding the closure of public and private elementary and secondary schools, among other things. As a general rule, Ontario Regulation 278/21 amends the Shutdown Zone rules to require closure of all public and private schools within…
Ontario Places All Regions Into Shutdown
Effective April 3, 2021, all regions in Ontario were placed into the Shutdown Zone of the Rules for Areas in Stage 1. The government announced that it anticipates the shutdown to be in place for at least four weeks. The Shutdown Zone rules were amended on March 26, 2021 (see our recent Human Resources and…
Further Amendments to Ontario’s Reopening Rules
On March 26, 2021, the Ontario government announced changes to the Rules for Areas in Stages 1, 2 and 3. Numerous amendments have been made to the Shutdown Zone of the Rules for Areas in Stage 1 (note that no public health units are currently in this Zone). These include, but are not limited to:…
Private On-Site Rapid Testing for COVID-19 Expanded
On March 17, 2021, the Ontario government announced that: it has removed certain regulatory restrictions to make it easier to administer private, on-site testing for asymptomatic employees who wish to self-swab for a rapid antigen test on a voluntary basis (and under the supervision of a trained individual) a guide for organizations and individuals who…
Further Amendments to Ontario’s Screening Tool for Workers
On March 9, 2020, the Ontario government again updated its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers)” (Tool). Among other things, the Tool has been clarified to state that workers must be “actively screened” (as opposed to “screened”). In addition, if the worker answers “yes” to the question “Is anyone you live with…
Ontario Again Updates its Screening Tool for Workers
On February 26, 2021, the Ontario government made minor revisions to its “COVID-19 Screening Tool for Businesses and Organizations (Screening Workers).” The screening questions now ask if the person using the tool is experiencing “one or more” of the listed symptoms (previously, it was “any one” of the listed symptoms). More significantly, the screening questions…