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
1/5/2022
/ Business Closures ,
Canada ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Ontario ,
Public Health Emergency ,
Remote Working ,
Social Distancing ,
Telecommuting
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed...more
12/17/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
New Legislation ,
Unpaid Wages ,
Vaccinations ,
Wage and Hour ,
Workplace Harassment Guidance ,
Workplace Violence ,
Wrongful Termination
On November 30, 2021, Ontario announced that it had passed Bill 27, Working for Workers Act, 2021 (Act). The Act received Royal Assent on December 2, 2021, and came into force on that day. Bill 27 requires employers to...more
12/6/2021
/ Canada ,
Employment Standards Act ,
Foreign Nationals ,
International Labor Laws ,
Non-Compete Agreements ,
Off-Duty Employees ,
Pending Legislation ,
Popular ,
Recruitment Policies ,
Regulatory Agenda ,
Regulatory Requirements ,
Temporary Employees
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
11/17/2021
/ Canada ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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
11/15/2021
/ Canada ,
Collective Agreements ,
Coronavirus/COVID-19 ,
Dismissals ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
OHSA ,
Ontario ,
Statutory Violations ,
Unions ,
Vaccinations ,
Workplace Safety
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
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
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 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
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
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 Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more
7/22/2021
/ Breach of Duty ,
Canada ,
Covenant of Good Faith and Fair Dealing ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
International Labor Laws ,
Labor Law Violations ,
Notice Requirements ,
Without Prejudice Privilege ,
Wrongful Termination
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
In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385 (ClearMRI Solutions), the Ontario Court of Appeal (OCA) decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer...more
7/8/2021
/ Canada ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
International Labor Laws ,
Ontario ,
Responsible Party ,
Shareholders ,
Unpaid Wages ,
Wage and Hour
Punitive damages are awarded against an employer in favour of an employee only if the employer engaged in wrongful acts that are outrageous, reprehensible, and offensive to ordinary standards of decent conduct in the...more
On June 3, 2021, the federal government’s Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) received Royal Assent. This bill...more
Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more
6/16/2021
/ Canada ,
Common Law Claims ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Standards Act ,
Hiring & Firing ,
Infectious Diseases ,
International Labor Laws ,
Layoffs ,
Ontario