On November 10, 2021, Ontario announced that, out of an abundance of caution, it is pausing the lifting of capacity limits in the following higher-risk settings where proof of vaccination is required...more
11/11/2021
/ Adult Entertainment ,
Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Entertainment Venues ,
Infectious Diseases ,
New Guidance ,
Nightclubs ,
Ontario ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
Workplace Safety
Provincial minimum wage rates were increased to their current rates on October 1, 2021. Just one month later, on November 2, 2021, Ontario announced that because the cost of living has increased considerably due to the...more
11/11/2021
/ Canada ,
Employer Liability Issues ,
Employment Standards Act ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
New Regulations ,
Ontario ,
Regulatory Requirements ,
Wage and Hour
On November 9, 2021, Ontario’s Bill 38, Remembrance Week Amendment Act, 2021, received Royal Assent and became law. Accordingly, the Remembrance Week Act, 2016 was amended, effective November 9, 2021, to provide that every...more
On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more
11/10/2021
/ Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Healthcare Workers ,
Hiring & Firing ,
Infectious Diseases ,
Injunctions ,
International Labor Laws ,
Ontario ,
Stays ,
Unions ,
Wrongful Termination
In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more
11/9/2021
/ Adverse Employment Action ,
Canada ,
Collective Agreements ,
Disability Discrimination ,
Dispute Resolution ,
Employment Litigation ,
Hiring & Firing ,
Human Rights ,
Lack of Jurisdiction ,
Last Chance Agreements ,
Unions
On October 25, 2021, Ontario announced the introduction of Bill 27, Working for Workers Act, 2021 (Act) for First Reading. If passed, the Act would amend Ontario’s Employment Standards Act, 2000 (ESA) and other statutes in...more
On October 22, 2021, Ontario announced the release of its phased plan to gradually lift all remaining public health and workplace safety measures by March 2022, as set out in A Plan to Safely Reopen Ontario and Manage...more
The Record of Employment (ROE) (Block 16) provides information on an employee’s employment history when they apply for Employment Insurance (EI) benefits. The information on an ROE is used by Service Canada to determine the...more
Since September 22, 2021, patrons of restaurants and other specified businesses and organizations in Ontario have been required to provide proof of full vaccination status and identification at the entry point of applicable...more
10/21/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
QR Codes ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On October 6, 2021, the Canadian federal government announced that federal public servants in the Core Public Administration (CPA) as well as employees in the federally regulated air, rail and marine transportation sectors...more
10/14/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
Public Health Emergency ,
Public Servants ,
Vaccinations ,
Workplace Safety
In July, Ontario entered Step Three of its Roadmap to Reopen, and on September 22, 2021, began to require full vaccination (two doses plus 14 days) with proof of vaccination and ID to access restaurants and certain public...more
In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court found that the Chamber of Commerce (COC) was justified in dismissing with cause a 75-year-old, long-term employee with no prior...more
10/7/2021
/ Books & Records ,
Breach of Duty ,
Canada ,
Employee Misconduct ,
Employer Liability Issues ,
Fiduciary ,
Hiring & Firing ,
International Labor Laws ,
Ontario ,
Termination for Cause ,
Wrongful Termination
With the Delta variant putting residents and staff in long-term care homes at risk of contracting COVID-19, on October 1, 2021, Ontario announced certain mandatory vaccination and randomized testing requirements....more
10/6/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Workers ,
Infectious Diseases ,
International Labor Laws ,
Long Term Care Facilities ,
Ontario ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In Scott v. Community Living Temiskaming South, 2021 ONSC 5402 (Community Living), the court dismissed an employee’s claim for wrongful dismissal from his unionized position on the ground that it lacked jurisdiction to hear...more
9/30/2021
/ Arbitration ,
Canada ,
Collective Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Jurisdiction ,
Ontario ,
Statute of Limitations ,
Unions ,
Wrongful Termination
In July, Ontario entered Step Three of its Roadmap to Reopen, and on September 22, 2021, began to require full vaccination (two doses plus 14 days) with proof of vaccination and ID to access restaurants and certain public...more
9/29/2021
/ Canada ,
Capacity ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Infectious Diseases ,
International Labor Laws ,
Ontario ,
Public Health Emergency ,
Re-Opening Guidelines ,
Resorts & Restaurants ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Ontario’s proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In response to this new regime, as well as to the recent trend among employers to implement vaccination...more
9/27/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Human Rights Code ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
On September 14, 2021, Ontario’s Ministry of Health released Version 1.0 of Medical Exemptions to COVID-19 Vaccination (Guidelines). The purpose of the Guidelines is to assist physicians/specialists and nurse practitioners...more
9/24/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Exempt-Employees ,
Infectious Diseases ,
International Labor Laws ,
Popular ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
In 2020, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirmed that when a claim for constructive dismissal is based on harm sustained due to harassment and bullying in the workplace, the claim falls within...more
9/22/2021
/ Canada ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
International Labor Laws ,
Labor Law Violations ,
Ontario Human Rights Tribunal ,
Right to Sue Letter ,
Sex Discrimination ,
Workplace Bullying ,
Workplace Harassment Guidance ,
Workplace Safety and Insurance Act (WSIA)
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 23, 2021, the British Columbia government announced that by order of the Provincial Health Officer, proof of vaccination will be required to access some events, services and businesses in the province. Patrons must...more
8/30/2021
/ Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
On August 25, 2021, British Columbia announced that pursuant to an Order of the Provincial Health Officer, masks will again be required in all public indoor settings for those age 12 and older....more
8/30/2021
/ Canada ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health Emergency ,
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
On August 13, 2021, Canada announced that, as early as the end of September, it will require COVID-19 vaccination across the federal public service. Accommodations or alternative measures (e.g., testing or screening) for the...more
8/24/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
International Labor Laws ,
Public Employees ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
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