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….
Publication Name: HR HealthCheck
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…
COVID Case Law Update: Two Recent Decisions of Note in the Long-Term Care Sector
In this HR HealthCheck, we discuss two recently released arbitral decisions involving retirement and long-term care home providers whose responses to the COVID-19 pandemic were challenged by their unions. The first case deals with a mandatory testing policy. The second case considers an employer’s right to cancel an employee’s leave of absence in order to…
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.
COVID-19 and Long-Term Care – Government Permits Mandatory Management Orders to Address COVID-19 Challenges
On May 13, 2020, the Ontario government issued an order (O. Reg. 210/20, Management of Long-Term Care Homes in Outbreak) (Order) made under the Emergency Management and Civil Protection Act which is intended to provide long-term care homes with additional assistance in managing COVID-19 outbreaks.
Ontario Gives Hospitals More Flexibility in Respect of Credentialing Processes
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which gives Hospitals more flexibility in respect of their credentialing processes.
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.
Ontario Permits Certain Clinicians to Access Personal Health Information Through the Provincial Electronic Health Records
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which authorizes certain persons access to provincial electronic health records.
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.
COVID-19 and Long-Term Care – Ontario Government Imposes “Single-Employer” Rule for Long-Term Care Employees
On April 14, 2020, the Ontario government issued an Emergency Order (Order) pursuant to the Emergency Management and Civil Protection Act (EMCPA) which relates specifically to staffing issues in Ontario’s long-term care sector. The Order, O. Reg. 146/20, Limiting Work to a Single Long-Term Care Home, creates immediate obligations for both long-term care employers and employees working in long-term care homes. Once the requirements of the Order are met, the Order will effectively impose a “single-employer” rule for employees in this sector, preventing them from working for more than one Health Service Provider or retirement home until the Order is lifted.