Public Health Ontario publishes weekly epidemiological summaries regarding COVID-19 in Ontario. The most recent report, published October 7, 2022, noted a gradual increase in case trends and percent positivity over the past three weeks. Current projections suggest that weekly case numbers may continue to rise over the coming weeks. Given forecasted increases, here is a…
Practice Area: Workplace Safety & Insurance
WSIB Consulting on Rate Setting for Temporary Employment Agencies
The Ontario Workplace Safety and Insurance Board (WSIB) is seeking feedback from temporary employment agencies (TEAs) in response to its new premium rate setting model, originally introduced in 2020. The public consultation will support a review and possible modification of the rate setting approach for the TEA industry. Under the new rate setting model, TEAs…
Ontario Exploring Increase to Compensation for Workers Who Become Injured or Ill on the Job
On April, 20, 2022, the Ontario government announced it has directed the Workplace Safety and Insurance Board (WSIB) to explore a potential increase in compensation for workers who become injured or ill on the job. Currently, the WSIB provides maximum wage compensation payments which equal 85% of the worker’s net pre-accident earnings. The government and…
Ontario Launches Review of Occupational Illnesses
The Ontario government has announced that it has partnered with the Workplace Safety and Insurance Board to launch a review of the province’s occupational illness system. The review will be conducted by an independent research centre (the MAP Centre for Urban Health Solutions at St. Michael’s Hospital) and will evaluate how occupational illnesses in Ontario…
Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.
Ontario Proposes Significant Changes to ESA and Other Employment-Related Legislation
On October 25, 2021, the Ontario government tabled Bill 27, Working for Workers Act, 2021, omnibus legislation which, if passed, would make significant amendments to the Employment Standards Act, 2000 (ESA). These include requiring employers with 25 or more employees to have a policy on disconnecting from work, prohibiting employers and employees from entering into…
Ontario Introduces Process for WSIB to Recover Overpayments Made to Employers with Respect to Paid IDEL
On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…
Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA
In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…
Ontario Chief Medical Officer of Health Issues Separate Vaccine Instructions to Certain Ministry of Children, Community and Social Services Providers
On August 30, 2021, the Ontario Chief Medical Officer of Health (OCMOH) issued two sets of instructions (Instructions) to certain Ministry of Children, Community and Social Services (MCCSS) funded agencies, regarding the implementation of a mandatory vaccine policy. One set of Instructions applies specifically to Children’s Treatment Centres and certain third parties that provide contracted…
Ontario Consultation on WSIB Surplus Distribution Model
Ontario has launched a Workplace Safety and Insurance Board (WSIB) Surplus Distribution Model consultation on how and when the WSIB should distribute any surplus funds. The Operational Review Report sets out 25 recommendations, one that proposes the government adopt a sufficiency ratio between 115% and 125% for the WSIB fund. At 115% sufficiency, the WSIB…