On March 29, 2023, the province published Regulation 61/23 amending Regulation 213/91: Construction Projects under the Occupational Health & Safety Act (Regulation). The amendments will come into force on July 1, 2023....more
As discussed, on December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have...more
On December 8, 2022, Ontario proclaimed in force amendments to the Occupational Health and Safety Act (OHSA) made in Bill 88, Working for Workers Act, 2022. The amendments, which require certain employers to have naloxone...more
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more
4/13/2022
/ Adverse Employment Action ,
Arbitration ,
Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Grievance Process ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Workplace Safety
On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more
4/11/2022
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Labor Disputes ,
Vaccinations ,
Workplace Safety
Face coverings are optional for people in all indoor public settings. People can continue to wear a mask based on personal choice. Individual businesses and organizations can choose to continue to require mask wearing on...more
On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....more
With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more
1/21/2022
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Ontario ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Relief Measures ,
Seating ,
Vaccine Passports ,
Workplace Safety
Due to high infection rates from the Omicron variant and an increase in hospitalizations, on January 7, 2022, British Columbia’s Provincial Health Officer (PHO) announced an order (not yet available) requiring employers to...more
On September 14, 2021, Ontario released Regulation 645/21 and a guidance document, which provide support to businesses and organizations in the implementation of their vaccination requirements, which will commence on...more
In response to the fourth wave of the COVID-19 pandemic driven by the Delta variant, Ontario announced that commencing September 22, 2021, people will be required to be fully vaccinated (i.e., two doses plus 14 days) and...more
9/10/2021
/ Arenas and Stadiums ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Industry ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Resorts & Restaurants ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On August 20, 2021, Toronto’s Medical Officer of Health (TMOH) issued a statement effectively mandating that local employers institute a workplace vaccination policy (WVP) to protect their employees and the public from...more
British Columbia recently announced new public health requirements regarding COVID-19 vaccinations for those working at long-term care and seniors’ assisted living facilities. In the announcement, Dr. Bonnie Henry, British...more
8/20/2021
/ Assisted Living Facilities (ALFs) ,
Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Essential Workers ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Long Term Care Facilities ,
Vaccinations ,
Workplace Safety
On August 17, 2021, Ontario announced that COVID-19 vaccination policies would be mandatory in high-risk settings, and the province’s exit from the Roadmap to Reopen would be put on hold. Therefore, until further notice,...more
8/20/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Essential Workers ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On August 19, 2021, the City of Toronto announced that: -
All members of the Toronto Public Service will be required to disclose and provide proof of COVID-19 vaccination status by September 13, 2021...more
In EllisDon Construction Ltd. v. Labourers’ International Union of North America, Local 183, 2021 CanLII 50159, an Arbitrator in Ontario decided that when the intrusiveness of an employer’s compulsory Rapid COVID-19 Antigen...more
7/14/2021
/ Arbitration ,
Canada ,
Collective Agreements ,
Construction Workers ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
On May 25, 2021, Alberta released its Open for Summer Plan (Opening Plan), which eases COVID-19 restrictions in three stages. Each stage is reached as COVID-19 vaccination targets are reached and hospitalizations decline. ...more
6/4/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Non-Essential Businesses ,
Public Gatherings ,
Re-Opening Guidelines ,
Risk Mitigation ,
Workplace Safety
On May 20, 2021, Ontario released its long-awaited Roadmap to Reopen (Roadmap), a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. ...more
On April 20, 2021, the Medical Officer of Health in the Peel Public Health Region (Peel) announced that an Order would be issued directing businesses with five or more cases of COVID-19 in the previous 14 days to close for 10...more
In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more
4/8/2021
/ Canada ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Exemptions ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Reasonable Accommodation ,
Workplace Safety
In a News Release dated March 17, 2021, Ontario announced it was removing regulatory restrictions to make it easier for organizations to conduct on-site COVID-19 testing in the workplace. Asymptomatic employees can now...more
On January 4, 2021, Toronto’s Medical Officer of Health issued Toronto Public Health Instructions for Workplaces (Instructions), addressed to “All Employers and Persons Responsible for a Business or Organization in the City...more
1/11/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Re-Opening Guidelines ,
Regulatory Requirements ,
Risk Management ,
Sick Employees ,
Workplace Safety
In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario retirement home to challenge the...more
1/7/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
International Arbitration ,
Ontario ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
On November 19, 2020, Ontario announced it had launched “inspection blitzes” to help stop the transmission of COVID-19 and keep workers safe. The inspections involve the deployment of provincial offences officers from...more
12/1/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Failure to Comply ,
Health and Safety ,
Infectious Diseases ,
Ontario ,
Public Health ,
Regulatory Oversight ,
Safety Inspections ,
Workplace Safety
On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. The Regulation came into force on October 3, 2020....more
10/9/2020
/ Canada ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Human Rights Code ,
Infectious Diseases ,
International Labor Laws ,
Masks ,
Ontario ,
Personal Protective Equipment ,
Public Health ,
Reasonable Accommodation ,
Workplace Safety