Ontario Order Eases Restrictions and Expands List of Essential Businesses to Include Professional Sports League Training Facilities

On May 7, 2020, the Ontario government filed Ontario Regulation (O. Reg.) 200/20 (Order) made under the Emergency Management and Civil Protection Act which amends O. Reg. 82/20 – Closure of Places of Non-Essential Businesses. The Order confirms the easing of restrictions that will allow retail and certain essential construction to resume activity effective at specified dates, as we described in our Human Resources Legislative Update of May 6, 2020 Ontario to Ease Restrictions for Retail and Essential Construction.

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.

Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout

In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.

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.

Emergency Order Issued Which Relates to Mental Health and Addiction Agencies

On April 22, 2020, the Ontario government issued an Order (O. Reg. 163/20) under the Emergency Management and Civil Protection Act (EMCPA) that applies to not-for-profit entities that receive funding from the Ministry of Health or from a Local Health Integration Network and which provide community mental health and addiction services. The Order applies for the duration of the declared emergency under the EMCPA

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).

Ontario Legislation Extends Time Limit for Student Expulsions

Bill 189, Coronavirus (COVID-19) Support and Protection Act, 2020 received Royal Assent on April 14, 2020 (Bill 189). Among other things, Bill 189 amends the Education Act (Act) to extend the time limit to expel a student where such an extension is recommended to, and granted by, the Director of Education.