Ontario Eases Capacity Limits in Select Settings

On October 8, 2021, the Ontario government announced that would be “cautiously” lifting capacity limits in select settings where proof of full vaccination is required, effective October 9, 2021. O. Reg. 698/21, amending O. Reg. 364/20, the Rules for Areas at Step 3 and at the Roadmap Exit Step, gives effect to these changes. For…

Ontario Announces Rapid Antigen Testing for Schools and Licensed Child Care Settings

On October 5, 2021, the Ontario government announced that it is increasing access to rapid antigen COVID-19 testing for schools and licensed child care settings, where there is increased risk of transmission of COVID-19. The program will provide rapid screening for unvaccinated and asymptomatic children and students. The testing will be done on a voluntary…

Ontario Announces Mandatory Vaccination Requirements for Long-Term Care Homes

On October 1, 2021, the Ontario government announced that COVID-19 vaccinations will become mandatory for all in-home staff, support workers, students, and volunteers in long-term care homes, unless a valid medical exemption is presented. These individuals will have until November 15, 2021 to show proof that they have received all required doses of a COVID-19…

Ontario Eases Capacity Limits for Certain Indoor and Outdoor Settings

On September 24, 2021, the Ontario government announced that effective September 25, 2021 at 12:01 am, it is easing capacity limits for certain indoor and outdoor settings where proof of vaccination is required. Proof of vaccination will also be required for additional specified outdoor settings. Ontario Regulation 678/21 amends Ontario Regulation 364/20, Rules for Areas…

Ontario Issues Updated Guidance on Isolation Requirements

On August 11, 2021, the Ontario government released COVID-19 Fully Immunized and Previously Positive Individuals: Case, Contact and Outbreak Management Interim Guidance (Guidance). It contains “updated recommendations for case and contact, and outbreak management of fully immunized and previously positive individuals in Ontario,” in light of the vaccination rollout and the emergence of variants of…

Arbitrator Upholds Employers’ Mandatory COVID-19 Testing Program

In Ellisdon Construction Ltd. v Labourers’ International Union of North America, Local 183, Arbitrator Kitchen recently upheld the Abbott Panbio Rapid COVID-19 Antigen Screening Program implemented by EllisDon, a construction and building services company, at many of its worksites. Arbitrator Kitchen stated that “[w]hen one weighs the intrusiveness of the rapid test against the objective…

Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law

In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…

Ontario to Enter Step 1 of Reopening on June 11, 2021

The Ontario government has announced that effective June 11 at 12:01 a.m., all regions of the province will enter Step 1 of its Roadmap to Reopen as the COVID-19 cases slowly begin to drop and the vaccination rates increase.

British Columbia Supreme Court Finds CERB Amounts Should Be Deducted from Wrongful Dismissal Damages

On May 28, 2021, the British Columbia Supreme Court (Court) released its decision in Hogan v. 1187938 B.C. Ltd., finding that the plaintiff had been constructively dismissed after being temporarily laid off at the outset of the COVID-19 pandemic by the defendant, which operated a car dealership (Dealership). The plaintiff was laid off on March…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

Effective June 4, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until September 25, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on September 25, 2021.