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Ontario, Canada: Paid Infectious Disease Emergency Leave (IDEL) Ends March 31 But Unpaid IDEL Remains Available

On March 23, 2023, Ontario released its 2023 Ontario Budget: Building a Strong Ontario (2023 Budget). The Budget provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023....more

Ontario, Canada Divisional Court Finds Group Home’s Temporary Visitation Policy During Early Stage of COVID-19 Did Not...

In Empower Simcoe v. JL, 2022 ONSC 5371, the operator of a publicly funded residential facility for children and adults with intellectual disabilities (Operator) sought judicial review of the Human Rights Tribunal of...more

Ontario, Canada Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes

In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more

Ontario, Canada: Three Paid COVID Sick Days Extended Until March 31, 2023

On July 21, 2022, Ontario filed Regulation 464/22, which amends O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid Infectious Disease Leave (Paid IDEL) until March 31, 2023. ...more

Ontario, Canada: Arbitrator Decides Employer Discriminated on Basis of Creed in Denying Request for Vaccine Policy Exemption

In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more

Canada: Another Arbitrator Dismisses Grievance Disputing Mandatory Vaccination Policy

On April 27, 2022, in Canada Post Corporation v. Canadian Union of Postal Workers (Canada Post), Arbitrator Thomas Joliffe, Q.C. dismissed a union grievance disputing that the unilateral imposition of a mandatory vaccination...more

Ontario, Canada: Masking Requirement in Select Higher-Risk Settings and Certain Directives Extended to June 11

On April 22, 2022, Ontario announced that its Chief Medical Officer of Health (CMOH) is maintaining the existing provincial masking requirements in select higher-risk indoor settings, and the CMOH Directives currently in...more

British Columbia, Canada: Arbitrator Upholds Electricity Provider’s Vaccination Policy But Severs Discipline Aspect as...

In BC Hydro and Power Authority and IBEW, Local 258, Re, 2022 CarswellBC 837, Arbitrator Gabriel Somjen decided that the mandatory vaccination policy of BC Hydro, British Columbia’s primary electricity supplier, was...more

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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

Ontario, Canada: Mandatory Vaccination Policy Upheld Despite Government’s Reduction of COVID-19 Restrictions

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

Ontario, Canada Arbitrator Decides Mandatory Vaccination Policy Does Not Infringe Charter of Rights and Freedoms

In The Toronto District School Board and CUPE, Local 4400 (Re: PR734 COVID-19 Vaccine Procedure) (TDSB and CUPE), Arbitrator William Kaplan upheld the Toronto District School Board’s (TDSB) mandatory COVID-19 vaccination...more

British Columbia, Canada Announces Steps to Lift COVID-19 Restrictions

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

Ontario, Canada Removing Masking Requirement on March 21 in Most Settings and Ending All COVID-19 Public Health Measures on April...

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

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Ontario, Canada Moves to Roadmap Exit Step, as Amended

Last May, Ontario released its Roadmap to Reopen, a three-step plan to safely and gradually reopen the province and loosen certain public health restrictions. In July, Ontario filed O. Reg. 541/21, which added a new “Roadmap...more

Canadian Arbitrator Upholds Mandatory Vaccination Policy for Employees Who Work Indoors

In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). ...more

Ontario, Canada Moves Back to Amended Step Three of its Roadmap to Reopen

With key public health indicators beginning to show signs of improvement and expected to continue, Ontario  announced on January 20, 2022, that commencing January 31, 2022, it would begin to take steps to cautiously and...more

Phased Easing of Public Health Measures in Ontario, Canada to Begin January 2022

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

Employers in British Columbia, Canada are Required to Reactivate their COVID-19 Safety Plans

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

Ontario, Canada Temporarily Reverts to Step Two of Roadmap to Reopen with Modifications

In response to the recent rapid increase in COVID-19 hospitalizations caused by the highly transmissible nature of the Omicron variant, and as the province continues to accelerate its booster dose rollout, Ontario announced...more

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Ontario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy

On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more

Ontario, Canada Pauses Lifting of Capacity Limits in Remaining Higher-Risk Settings

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

Canada: Updated Guidance on How Employers Should Fill Out Records of Employment During COVID-19 Pandemic

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

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