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…
Practice Area: Employment Law
Ontario Court of Appeal Holds “Owner” of a Construction Project Can Be Considered an “Employer” Under OHSA
A recent decision of the Ontario Court of Appeal has significant implications under the Occupational Health and Safety Act (OHSA) for owners and employers responsible for construction projects. In Ontario (Labour) v. Sudbury (City), the Court of Appeal held that an “owner” of a construction project can also be considered an “employer” with obligations to…
Ontario Announces Paid Sick Leave for Reasons Related to COVID-19
On April 28, 2021, the Ontario government announced that it will be introducing legislation to provide up to three sick paid leave days to eligible employees if they are taken for reasons related to COVID-19. The program would be retroactive to April 19, 2021 and remain in effect until September 25, 2021, the date the…
New COVID-19 Restrictions on Masks/Face Coverings in the Workplace; Exceptions To Border Closure Restrictions Related to Students
On April 23, 2021, the Ontario government filed a number of regulations with respect to the Rules for Areas in Stage 1, Stage 2 and Stage 3. The General Rules for each Zone have been amended to require that persons responsible for a business or organization shall ensure that every person who works for those…
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….
Ontario Tables Omnibus Legislation with Proposed Amendments to Employment Standards Act, 2000 and Class Proceedings Act, 1992
On April 15, 2021, the Ontario government tabled Bill 276, Supporting Recovery and Competitiveness Act, 2021, omnibus legislation which would, if passed, amend the Employment Standards Act, 2000 and the Class Proceedings Act, 1992, as well as a number of other statutes. Employment Standards Act, 2000 (ESA) Bill 276 would amend the payment of wages…
Proposed New PBGF Disclosure Requirements
On April 15, 2021, the Ontario government released draft amendments to Ontario Regulation 909 under the Pension Benefits Act (PBA), which provide new details of the Pension Benefits Guarantee Fund (PBGF) reporting requirements that will soon apply to registered pension plan administrators with Ontario members. In this FTR Now, we highlight the key details of…
Ontario Minimum Wage to Increase October 1, 2021
On October 1, 2021, the general minimum wage in Ontario will increase from $14.25 to $14.35 per hour. This minimum wage applies to most employees. Minimum wage rates will also increase for the following employees: students: from $13.40 to $13.50 an hour liquor servers: from $12.45 to $12.55 an hour homeworkers: from $15.70 to $15.80…
Reaching Out – Fifteenth Edition
Dear Friends, We are back with another edition of Reaching Out. With 2020 behind us and some light at the end of the COVID-19 pandemic tunnel, we thought it appropriate to reconnect with our Social Services clients with a Spring edition of Reaching Out. We chose not to publish Reaching Out last year as we…
Ontario Makes Emergency Order to Permit Redeployment of Health Professionals by LHINs and Ontario Health
On April 9, 2021, the Ontario government announced that it has made two orders under the Emergency Management and Civil Protection Act (EMCPA). The first order relates to the redeployment of certain health care professionals and other workers to hospitals. The second order relates to the transfer of patients to alternative sites. The government states…