On October 14, 2020, the Department of Finance Canada released its latest backgrounder regarding the CEWS. The Extending the Canada Emergency Wage Subsidy backgrounder (Backgrounder) summarizes a number of new and recently announced changes to the CEWS, including the extension of the CEWS to June 2021.
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
School Board Update
Two Significant Developments of Importance to School Boards
In this edition of our School Board Update, we discuss two recent and significant developments relating to school boards:
FTR Now
Ottawa, Toronto and Peel Region Now Subject to Modified Stage 2 Rules
Effective October 10, 2020, Ottawa, Toronto and Peel Region are subject to the Rules for Areas in Stage 2 as modified by O. Reg. 572/20 (Modified Rules) as a result of the increase in COVID-19 cases in these areas. The Office of the Premier has advised that the Modified Rules will be in place for a minimum of 28 days and will be reviewed on an ongoing basis.
FTR Now
Supreme Court Clarifies Employee Incentive Plan Entitlements During Notice Period
On October 9, 2020, the Supreme Court of Canada released its decision in Matthews v. Ocean Nutrition Canada Ltd. It confirmed that where terminated employees would be entitled to a bonus or other incentive payments during the reasonable notice period, employers must use clear and unambiguous language to remove or limit their common law rights. The Supreme Court also distinguished between the obligation to provide reasonable notice of termination and a breach of the duty to exercise good faith in the manner of dismissal.
Raising the Bar
Key Changes to Ontario’s Class Proceedings Regime Now in Effect
For the first time in nearly three decades, significant changes have been made to Ontario’s class proceedings regime. The amendments to the Class Proceedings Act, 1992 (Act)came into effect on October 1, 2020 and are significant in terms of their substance and scope, modifying many key provisions of the existing Act and adding nearly a dozen more.
FTR Now
New Version of Employment Standards Poster is Available
The Ministry of Labour, Training and Skills Development recently published a new version of the Employment Standards in Ontario poster (Version 9.0). The poster contains information relating to the Employment Standards Act, 2000 (ESA) with respect to minimum wage, hours and overtime, vacation time and pay, public holidays, leaves of absence and termination notice and…
HR HealthCheck
CMOH Issues New Directive #5 on PPE, And More
In this edition of the HR Healthcheck, we discuss the newly revised Directive #5 issued by Ontario’s Chief Medical Officer of Health (CMOH) with respect to personal protective equipment use in public hospitals and long-term care homes. We also discuss a new regulation filed under the Personal Health Information Protection Act which expands administrative responsibilities under that statute. Finally, we mention Ontario’s recent announcement limiting visitors to long-term care homes in Toronto, Ottawa and Peel Region.
Case In Point
Supreme Court of Canada Considers Ontario’s “Anti-SLAPP” Legislation
The Supreme Court of Canada recently released companion decisions interpreting Ontario’s “anti-SLAPP” legislation. The decisions, Bent et al. v. Platnick, et al. and 1704604 Ontario Ltd. v. Pointes Protection Association, et al. were the first to consider the new statutory regime under s. 137.1 of the Courts of Justice Act. The anti-SLAPP (“strategic litigation against…
School Board Update
OLRB: No Jurisdiction to Hear Union Appeals Under OHSA Regarding COVID-19 School Safety Guidelines
On October 1, 2020, the Ontario Labour Relations Board (OLRB) dismissed four appeals which alleged that Ministry of Labour (MOL) inspectors had refused to inspect and / or issue orders to the Ministry of Education (MOE) under the Occupational Health and Safety Act (OHSA) to correct alleged deficiencies in the province-wide, MOE-issued, school safety guidelines for the COVID-19 pandemic. The appeals were filed by the Ontario Secondary School Teachers’ Federation, the Ontario English Catholic Teachers’ Association, the Elementary Teachers Federation of Ontario, and L’Association des enseignantes en enseignants franco-ontariens (collectively, the Unions).
FTR Now
New Province-Wide Masking Requirements Now in Force; Additional Restrictions for Ottawa, Toronto and Peel Region
Ontario has again revised its Rules For Areas In Stage 3 (Rules) in light of the increasing numbers of COVID-19 cases in Ontario. The new rules include a province-wide mandatory masking requirement and additional restrictions for Ottawa, Toronto and Peel Region Public Health Units (defined as the “Enhanced Measures Zone”). The changes came into force on October 3, 2020.