On May 14, 2020, the Ontario government announced that certain workplaces will be able to resume operations beginning May 19, 2020, signalling the start of Stage 1 of the second phase of the province’s reopening strategy, “A Framework for Reopening our Province” (Stage 1). The government also announced additional seasonal services and activities that may open May 16, 2020.
Publication Name: FTR Now
Federal Government Will Not Permit Employers to Top-Up the CERB Through a SUB Plan
On May 8, 2020, the federal government published a new question and answer (Q&A) about the use of Supplemental Unemployment Benefit (SUB) plans to top-up the Canada Emergency Response Benefit (CERB).
Cloud E-mail Grievance Dismissed
Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.
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.
Canada Revenue Agency Announces Temporary COVID-19 Relief for Registered Pension Plans
In response to industry requests, the Canada Revenue Agency (CRA) announced on May 5, 2020 that the minimum 1% employer contribution rule applicable to defined contribution (DC) pension plans is temporarily suspended. In addition, the federal Department of Finance issued a comfort letter confirming that it will recommend an amendment to the Income Tax Regulations to extend the deadline for electing to purchase a leave of absence on a current-service basis. These measures are intended to temporarily assist the sponsors and administers of DC and defined benefit (DB) registered pension plans in light of the COVID-19 pandemic.
COVID-19 Update: Certain Businesses Permitted to Reopen, and More
In this FTR Now: Province allows businesses to reopen; Ontario announces workplace health and safety guidance; Ontario expands the list of essential workers eligible to receive free emergency child care; Further amendments to the Employment Insurance Act and New Canada Emergency Student Benefit; and more!
Emergency Order Limiting Staff Mobility Within Congregate Care Setting Agencies
On April 24, 2020, the Ontario government made an order (O. Reg. 177/20, Congregate Care Settings) (Order) under the Emergency Management and Civil Protection Act (EMCPA), similar to those it has made in health and long-term care, that addresses the issue of frontline staff working for more than one employer during the circumstances of the current pandemic. The measures are designed to further reduce the risk of transmission of COVID-19 between residences operated by specified social service agencies.
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
Online Portal for CEWS Applications Available on April 27, 2020
On April 21, 2020, the federal government announced that effective April 27, 2020, employers will be able to apply online for the Canada Emergency Wage Subsidy (CEWS) through signing into their “My Business Account.”
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).