On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….
Publication Type: Article
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 Extends Stay-at-Home Order; Implements Further Restrictions
On April 16, 2021, the Ontario government extended the declared emergency made under the Emergency Management and Civil Protection Act (EMCPA) as well as the Stay-at-Home Order until May 5, 2021. Additional restrictions for the Rules for Areas in Stage 1 (Shutdown Zone), made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020,…
Federal Government Extends COVID-19 Leaves under Canada Labour Code
On March 31, 2021, the federal government published regulations amending the Canada Labour Standards Regulations made under the Canada Labour Code to increase the length of the existing federal COVID-19 leaves. These changes took effect on March 15, 2021. Therefore, employees in federally regulated workplaces continue to be entitled to the following two job-protected unpaid…
Ontario Tables 2021 Budget
On March 24, 2021, the Ontario government tabled its 2021 Budget, Ontario’s Action Plan: Protecting People’s Health and Our Economy (Budget), and introduced supporting implementation legislation, Bill 269, Protecting the People of Ontario Act (Budget Measures), 2021. In this FTR Now, we highlight certain aspects of the Budget that are of broad interest to…
Arbitrator Rules That Virtual Class Prep Time Arrangement Violates Collective Agreement
On March 5, 2021, Arbitrator Susan Stewart released an award (Award) between the Hamilton Wentworth District School Board (Board) and ETFO dealing with preparation time (prep time) for remote learning elementary teachers in its virtual classes during the current 2020-21 school year. The grievance alleged that the Board had failed to provide prep time in…
Accessibility Standards Canada Publishes Guidelines for COVID-19 and Other Emergencies
On March 11, 2021, Accessibility Standards Canada updated its resources page to provide accessibility guidelines for COVID-19 or other emergencies. These guidelines offer practical information for persons with disabilities, including employees, and employers on a range of topics that are highlighted below. Accessible practices for returning to the workplace addresses accessibility barriers that may exist…
Appellate Court Considers Contractual Rights Upon Termination in Light of Ocean Nutrition and Affirms Original Decision
In Mikelsteins v. Morrison Hershfield Limited, the Ontario Court of Appeal confirmed its earlier finding that an employee’s common law entitlements upon termination of employment are distinct from any rights the employee may have under a shareholder agreement where they have purchased the shares separate and apart from their compensation structure. Background In June…
Debate Regarding Regulatory Obligations for Kindergarten Class Size Caps Now Resolved in Favour of School Boards
For 20 years, beginning in 1997, school boards and teachers’ federations agreed that class size limits pertaining to elementary school students needed to be met only by and on a “determination date” identified in the first half of the fall term. Following the negotiation of its 2017 Extension Agreement and an associated Letter of Commitment from the Crown, the Elementary Teachers’ Federation of Ontario (ETFO) challenged this mutual understanding in two related arbitrations. Two arbitration awards and one judicial review later, the issue has now been definitively resolved – in favour of the school boards’ interpretation and the continuation of the historical compliance system.
Ontario Ends Declared Emergency and Resumes Regional Approach to Pandemic Management
On February 8, 2021, the Ontario government announced that the declared emergency under the Emergency Management and Civil Protection Act would be terminated at the end of day, February 9, 2021. It also announced that it would be gradually resuming its regional approach to managing the pandemic that was previously in effect. While most regions of the province will remain in a shutdown, three public health regions have been moved to lesser restrictions.