Canadian Government Announces Vaccine Mandate for the Federal Public Service and for Federally Regulated Travel

On October 6, 2021, the Government of Canada announced two measures to reduce the spread of COVID-19. The government announced (1) a vaccination mandate for the federal public service and (2) a vaccination mandate for federally regulated travel by “air, rail, and marine transportation.”

Election Day Is Almost Here—The Canada Elections Act’s Time-Off Requirements

Canadian voters will be going to the polls for a federal general election on September 20, 2021. For employers, this means certain rules under the Canada Elections Act will apply on Election Day. Most importantly, employers must ensure that qualified electors (Canadian citizens 18 years of age and older) are guaranteed a period of time free from work to vote while polls are open.

Ontario Court Finds Non-Ontario Payrolls Count Toward Severance Threshold

In its recent ruling in Hawkes v Max Aicher (North America) Limited, 2021 ONSC 4290, the Ontario Divisional Court ruled on an application for judicial review that the entire payroll of an employer that terminates the employment of an Ontario-based employee should be used to determine whether the employer’s payroll is at least $2.5 million per year, and therefore whether severance pay may apply. This decision reversed a ruling from the Ontario Labour Relations Board (OLRB) that was based on previous case law finding that only an employer’s Ontario payroll was considered for the severance pay threshold.

Ontario Government Issues Emergency ‘Stay-at-Home’ Order as COVID-19 Cases Surge

On April 1, 2021, the government of Ontario activated its pandemic “emergency brake,” sending the entire province out of the five-tiered colour-coded framework and into the “shutdown” zone. The province implemented these shutdown zone measures on April 3, 2021, and they will remain effective “for at least four weeks.”

Ontario’s COVID-19 Vaccine Distribution Plan—Key Updates for Employers

In light of the increased COVID-19 vaccine distribution in Canada, the Ontario government has made significant amendments to its vaccine distribution plan. The province is currently in the midst of Phase I of its vaccination distribution implementation plan, which prioritizes highest-risk populations, such as frontline healthcare workers, adults 80 years of age and older, indigenous communities, and individuals in congregate care settings for seniors. In preparation for its move to Phase II, Ontario has revised the eligibility criteria for vaccinations in Phase II.

Atlantic Canada Versus the Prairies: Tightening and Loosening of COVID-19 Measures

Certain Canadian provinces have been especially hard hit by COVID-19 outbreaks. Most notably, Ontario and Quebec—two of Canada’s most populated provinces—have experienced the highest number of infection counts among the country’s provinces. While Ontario and Quebec have struggled to contain the spread of COVID-19, other provinces have had a different experience.

COVID-19 Reopening Setback for Toronto and Some Other Regions in Ontario

On Friday February 19, 2021, the Ontario Government announced that Toronto and two other regions will remain in shutdown for at least two more weeks. Among other things, this means that workers who are nonessential to in-person operations must continue to work from home. This represents the province pausing its recent efforts to reopen most of Ontario’s regions.

Ontario Entering Province-Wide Shutdown on December 26, 2020

On December 21, 2020, the Ontario government announced province-wide shutdown measures, similar to those recently enacted by the governments of Alberta, Québec, and Manitoba. The government cited the “alarming rate” at which COVID-19 cases are increasing due to travel between public health regions that are subject to different levels of restriction, and the strain on the healthcare system as the driving forces behind the province-wide shutdown.

Ontario Government Passes Regulation to Create Flexibility in the Hospitality, Tourism and Trade Show Industries

On December 17, 2020, the government of the Province of Ontario enacted Regulation 764/20, which will permit unions and employers in the hospitality, tourism, and trade show industries to negotiate for greater flexibility in the application of termination pay, severance, recall rights and other related matters under the Employment Standards Act, 2000 (ESA).

An Update on COVID-19–Related Protocols in Ontario, Québec, and British Columbia

Canada is experiencing an increased number of daily COVID-19 infections in what appears to be a “second wave.” In response to higher positivity rates and increased hospitalisations, some provinces have passed strict public health orders to limit the spread of COVID-19. This article discusses the workplace impacts of measures implemented in Ontario, Québec, and British Columbia.

Ontario Tightens COVID-19 Restrictions in ‘Hotspot’ Regions for at Least 28 Days

On October 9, 2020, the Government of Ontario announced additional restrictions on and closures of public gatherings, specific businesses, and indoor food and drink service, in an effort to limit the spread of COVID-19. These restrictions are currently applicable within the “hotspots” of the “Ottawa, Peel, and Toronto public health unit regions.”

Ontario Government Passes New Regulation on COVID-19 Layoffs

According to Statistics Canada, two in five employers in Canada have reduced hours or laid off one or more employees since the beginning of the COVID-19 crisis. One of the risks associated with those difficult decisions is a constructive dismissal claim that would trigger statutory notice and severance requirements under provincial employment standard legislation and under the common law. Ontario’s government has now taken a major step to prevent claims under its Employment Standards Act, 2000 (ESA) resulting from COVID-19.

Canada’s Federal Government Expands COVID-19 Emergency Wage Subsidy Eligibility Criteria

On April 1, 2020, Canada’s Minister of Finance announced the federal government’s plans for a comprehensive wage subsidy program that would cover up to 75 percent of an employee’s regular wages for up to 3 months. As predicted, the proposed Emergency Wage Subsidy Program has undergone significant changes in the last week in order to extend benefits to a wider class of employers.

Canada’s Emergency Wage Subsidy Program: A $71 Billion Investment in Employers During the COVID-19 Crisis

On April 1, 2020, Canada’s Minister of Finance outlined the federal government’s plans for a comprehensive wage subsidy plan that, in total, would put as much as $71 Billion (CAD) back into the pockets of participating employers. The stated purpose of the plan is to maximize the ability of employers to maintain employment relationships with their employees during this difficult time.