This morning, Prime Minister Trudeau provided important details on the government’s commitment to provide a 75% wage subsidy for businesses impacted by COVID-19.  

Canada Emergency Wage Subsidy details include:

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»»Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Essential workplaces
»» COVID-19 Emergency Response Act March 26

March 30, 2020

• Will cover 75% of salary on the first $58,700 earned, back dated to March 15
• Any business with at least a 30% revenue decrease because of COVID-19 qualifies
• Number of employees does not matter
• It applies to non-profits, charities and companies big and small
• Funding to employers will be through a credit facility that is being established

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The Prime Minister warned that there will be serious consequences for any business that improperly uses this benefit.

He encouraged companies that are able to top up the remaining 25% for their employees to do so, reiterating that ‘Canadians are all in this together’.

This subsidy is in addition to the CERB that was announced previously to assist business owners and self-employed persons who have lost their employment.

Mr. Trudeau also indicated that Minister of Finance, Hon. Bill Morneau, and Minister of Small Business, Hon. Mary Ng, will provide a detailed briefing tomorrow with additional information.

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»»Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Essential workplaces
»» Canada Emergency Wage Subsidy March 30

The Government of Canada’s COVID-19 Emergency Response Act received royal assent yesterday (march 25, 2020) and is now law.

Complete information can be found on the Government of Canada Website: https://www.canada.ca/en/department-finance/economic-response-plan/covid19-individuals.html

Canada Emergency Response Benefit (CERB)

This benefit replaces the previously announced Emergency Care Benefit and the Emergency Support Benefit.

The mechanics of the system are being implemented, abd it has been announced that the CERB will be accessible through a secure web portal starting in early April. Applicants will also be able to apply via an automated telephone line or via a toll-free number.

The CERB will provide a taxable benefit of $2,000 a month for up to 4 months to:

• workers who must stop working due to COVID19 and do not have access to paid leave or other income support
• workers who are sick, quarantined, or taking care of someone who is sick with COVID-19
• working parents who must stay home without pay to care for children that are sick or need additional care because of school and daycare closures
• workers who still have their employment but are not being paid because there is currently not sufficient work and their employer has asked them not to come to work
• wage earners and self-employed individuals, including contract workers, who would not otherwise be eligible for Employment Insurance.

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Employment Insurance Sickness Benefits

As outlined before, employees who are sick, quarantined or have been directed to self-isolate, will not be required to provide a medical certificate to access EI sickness benefits.

Employment Insurance

Employees who have been recently laid off or have reduced hours and qualify for Employment Insurance benefits, can submit their request today.

Deferment of filing date for income tax returns and income tax balances

The filing due date for the 2019 tax returns of individuals.(other than trusts), will be deferred until June 1, 2020.   

Any new income tax balances due, or instalments, will be deferred until after August 31, 2020 without incurring interest or penalties.

Note: For those who expect to receive benefits under the Goods and Services Tax credit or the Canada Child Benefit, the government encourages them to not delay their 2019 return filing to ensure that entitlements are properly determined.

Mortgage support

Canadian banks have committed to work with their customers on a case-by-case basis to find solutions to help them manage hardships caused by COVID-19. Canadians who are impacted by COVID-19 and experiencing financial hardship as a result should contact their financial institution regarding flexibility for a mortgage deferral. This allows flexibility to be available − when needed − to those who need it the most.

Contact your financial institution for further mortgage assistance.

The Canada Mortgage and Housing Corporation and other mortgage insurers offer tools to lenders that can assist homeowners who may be experiencing financial difficulty. These include payment deferral, loan re-amortization, capitalization of outstanding interest arrears and other eligible expenses, and special payment arrangements.

Canada’s mortgage insurers are committed to providing homeowners with solutions to mitigate temporary financial hardship related to COVID-19.

This includes permitting lenders to defer up to six monthly mortgage payments (interest and principal) for impacted borrowers. Deferred payments are added to the outstanding principal balance and subsequently repaid throughout the life of the mortgage.

Special Goods and Services Tax credit payment for low and modest income families

A one-time special payment by will be provided by early May through the Goods and Services Tax credit for low- and modest-income families.
The average additional benefit will be close to $400 for single individuals and close to $600 for couples.
There is no need to apply for this payment. Those who are eligible will receive it automatically.

Reduced minimum withdrawals for Registered Retirement Income Funds

The required minimum withdrawals from Registered Retirement Income Funds (RRIFs) are being reduced by 25% for 2020.

Moratorium on the repayment of Canada Student Loans

Effective March 30, there will be a six-month interest-free moratorium on the repayment of Canada Student Loans for all student loan borrowers. No payment will be required and interest will not accrue during this time.
Students do not need to apply for the repayment pause.

Other Support and benefits

Canada Child Benefit
An extra $300 per child will be provided through the Canada Child Benefit (CCB) for 2019-20. This will mean approximately $550 more for the average family.
This benefit will be delivered as part of the scheduled CCB payment in May.
Those who already receive the Canada Child Benefit do not need to re-apply.

Indigenous Community Support Fund
The government will provide $305 million for a new distinctions-based Indigenous Community Support Fund to address immediate needs in First Nations, Inuit, and Métis Nation communities.

Homelessness
The government will continue to support people experiencing homelessness during the COVID-19 outbreak by providing $157.5 million to the Reaching Home initiative.
The funding could be used for a range of needs such as purchasing beds and physical barriers for social distancing and securing accommodation to reduce overcrowding in shelters.

Women’s shelters and sexual assault centres
The government is supporting women and children fleeing violence by providing up to $50 million to women’s shelters and sexual assault centres to help with their capacity to manage or prevent an outbreak in their facilities.

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»»Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

For the purposes of this order, businesses include any for-profit, non-profit or other entity providing the goods and services described herein.

This does not preclude the provision of work and services by entities not on this list either online, by telephone or by mail/delivery.

Note that teleworking and online commerce are permitted at all times for all businesses.

Supply chains

1.    Businesses that supply other essential businesses or essential services with the support, supplies, systems or services, including processing, packaging, distribution, delivery and maintenance necessary to operate;

Retail and Wholesaling

2.    Businesses engaged in the retail and wholesale sale of food, pet food and supplies, and household consumer products necessary to maintain the safety, sanitation and essential operations of residences and businesses, including grocery stores, supermarkets, convenience stores, markets and other similar retailers;

3.    Businesses that provide essential items for the health and welfare of animals, including feed, animal food, pet food and animal supplies including bedding;

4.    Beer, wine and liquor stores and alcohol producers, and stores that sell beer and wine through arrangements with authorized providers; cannabis stores and cannabis producers;

5.    Gas stations, diesel, propane and heating fuel providers including providers of motor vehicle, aircraft and water/marine craft fuels;

6.    Motor vehicle, auto-supply, auto and motor-vehicle-repair, including bicycle repair, aircraft repair, heavy equipment repair, watercraft/marine craft repairs, car and truck dealerships and related facilities;

7.    Hardware stores and stores that provide hardware products necessary to the essential operations of residences and businesses;

8.    Business providing pharmaceuticals and pharmaceutical services, including pharmacies and dispensaries;

9.    Businesses that supply office products and services, including providing computer products and related repair and maintenance services, for individuals working from home and for essential businesses;

10. Safety supply stores (for e.g. work clothes, Personal Protective Equipment);

Food Services and Accommodations

11. Restaurants and other food facilitiesthat prepare and serve food, but only for delivery or takeaway, together with food delivery services;

12. Hotels, motels, shared rental units and similar facilities, including student residences;

Institutional, Residential, Commercial and Industrial  Maintenance

13. Businesses that provide support and maintenance services, including urgent repair, to maintain the safety, security, sanitation and essential operation of institutional, commercial industrial and residential properties and buildings, including, property management services,plumbers, electricians, custodial/janitorial workers, cleaning services, , security services, fire safety and sprinkler systems, building systems maintenance and repair technicians and engineers, mechanics, (e.g. HVAC, escalator and elevator technicians), and other service providers who provide similar services

Telecommunications and IT Infrastructure/Service Providers

14. Businesses engaged in providing or supporting Information Technology (IT) including online services, software products and related services, as well as the technical facilities such as data centres and other network facilities necessary for their operation and delivery; 

15.  Businesses providing telecommunications services (phone, internet, radio, cell phones etc) as well as support facilities such as call centres necessary for their operation and delivery;

Transportation

16. Taxis and other private transportation providers providing transportation services necessary for activities of daily living;

17. Businesses and facilities that provide transportation services to businesses and individuals including by air, water, road, and rail including providing logistical support, distribution services, warehousing and storage, including truck stops and tow operators;

18. Businesses that provide materials and services for the operation, maintenance and safety of transportation systems (road, transit, rail, air and marine) including delivery of maintenance services such as clearing snow, response to collisions, and completing needed repairs to the transportation systems.

Manufacturing and Production

19. Businesses that extract, manufacture, process and distribute goods, products, equipment and materials, including businesses that manufacture inputs to other manufacturers (e.g. primary metal/ steel, blow molding, component manufacturers, chemicals, etc. that feed the end-product manufacturer);

20. Businesses, facilities and services that support and facilitate the two- way movement of essential goods within integrated North American and Global supply chains.

Agriculture and food production

21. Businesses that farm, harvest, process, manufacture, produce or distribute food, including beverages, crops, animal products and by-products, aquaculture, hunting and fishing;

22. Businesses that support the food supply chain including assembly yards, livestock auctions, food distribution hubs, feed mills, farm equipment suppliers, feed suppliers, food terminals and warehouses, animal slaughter plants and grain elevators;

23. Business that support the safety of food including animal and plant health and animal welfare;

24. Businesses that provide veterinary services, and that supply veterinary and animal control medications and related supplies and testing kits;

25. Businesses that help to ensure safe and effective waste management including deadstock, rendering, nutrient management, bio hazardous materials, green waste, packaging recycling;

Construction

26. Construction projects and services associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space;

27. Construction projects and services required to ensure safe and reliable operations of critical provincial infrastructure, including transit, transportation, energy and justice sectors beyond the day-to-day maintenance;

28. Construction work and services, including demolition services, in the industrial, commercial, institutional and residential sectors;

29. Construction work and services that supports health and safety environmental rehabilitation projects

Financial activities

30. Capital markets (e.g., the TSX);

31. Banking & Activities related to Credit Intermediation; credit unions;

32. Insurance;

33. Businesses that provide pension services and employee benefits services;

34. Businesses that provide financial services including payment processing, the payroll division of any employer (as defined by the Employment Standards Act/Occupational Health and Safety Act), any entity whose operation is the administration of payroll, banks and credit unions;

Resources

35. Businesses that ensure global continuity of supply of mining materials and products (e.g. metals such as copper, nickel and gold) and that support supply chains in Northern Ontario including;

a.    Mining operations, production and processing;  

b.    Mineral exploration and development;

c.     Mining Supply and Services that ssupport supply chains in the mining industry including maintenance of operations, health and safety. 

36. Businesses that provide chemicals and gases to support the natural resource sector analytical labs and drinking water and wastewater sectors and other essential businesses;

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37. Businesses that ensure global continuity of supply of forestry products (e.g. lumber, pulp, paper, wood fuel, etc.);

38. Businesses that ensure global continuity of supply of aggregates to support critical infrastructure repairs and emergency response requirements (e.g. sandbags, armour stone barriers, etc.);

39. Businesses that ensure global continuity of supply of petroleum and petroleum by-products;

Environmental Services

40. Businesses that support environmental management/monitoring and spill clean-up and response, including environmental consulting firms, professional engineers and geoscientists, septics haulers, well drillers, pesticides applicators and exterminators, management of industrial sewage/effluent (eg for mining operations), and environmental laboratories;

Utilities and Community Services

41. Utilities, and Businesses that support the provision of utilities and community services, including by providing products, materials and services needed for the delivery of utilities and community services:

a.    Waste Collection, Waste/ Sewage Treatment and Disposal, operation of landfills, and Hazardous Waste Disposal;

b.    Potable drinking water;

c.     Electricity Generation, transmission, distribution and storage;

d.    Natural Gas distribution, transmission and storage,

e.    Road construction and maintenance;

f.      police, fire, emergency services including coroner services and pathology services ;

g.    corrections and courts services;

h.    other government services including licenses and permits;

42. Businesses engaged in or supporting the operation, maintenance and repair of critical infrastructure (railways, dams, bridges, highways, erosion control structures, etc.);

Communications Industries

43. Newspaper publishers;

44. Radio & Television Broadcasting;

45. Telecommunications providers;

Research

46. Businesses and organizations that maintain research facilities and engage in research, including medical research and other research and development activities;

47. Businesses that provide products and services that support research activities;

Health Care and Seniors Care and Social Services

48. Organizations and providers that deliver home care services;

49. Retirement homes;

50. Long-term Care Facilities;

51. Independent health facilities;

52. Laboratories and specimen collection centres;

53. Manufacturers, wholesalers, distributors and retailers of pharmaceutical products and medical supplies, including medications, medical isotopes, vaccines and antivirals; medical devices and medical supplies

54. Manufacturers, logistics and distributors of products and/or services that support the delivery of health care in all locations (including but not limited to hospitals, labs, long-term care homes, other residential health care, physicians, nurse practitioners and midwives, and home care services);

55. Businesses that provide products and/or services that support the health sector or that provide health services, including mental health and addictions and counselling supports.

56. Businesses that sell, rent or repair assistive/mobility/medical devices, aids and/or supplies.

57. Businesses that provide personal support services (many seniors and persons with disabilities, who can afford to, hire individuals to assist with the activities of daily living).

58. Health care professionals providing emergency care including dentists optometrists and physio-therapists;

59. Not-for-profit organizations that provide critical personal support services in home and also provide residential services for individuals with physical disabilities (such as the Centre for Independent Living and March of Dimes);

60. Businesses and all other organizations that support the provision of food, shelter, safety or protection, and/or social services and other necessities of life to economically disadvantaged and other vulnerable individuals, including but not limited to food banks, violence against women emergency shelters, homeless shelters, community housing, supportive housing, children’s aid societies, residential services for adults with developmental disabilities and for children, and custody and detention programs for young persons in conflict with the law;

Justice Sector

61. Professional and social services that support the legal and justice system;

Other Businesses

62. Rental and leasing services, including automobile, commercial and light industrial machinery and equipment rental;

63. Businesses providing mailing, shipping, courier and delivery services, including post office boxes;

64. Laundromats, dry cleaners and laundry service providers;

65. Professional services including lawyers and para-legals, engineers, accountants, translators;

66. Businesses providing funeral, mortician, cremation, transfer, and burial services, and any related goods and products (such as coffins and embalming fluid);

67.  Land registration services, and real estate agent services and moving services;

68.  Businesses providing security services including private security guards; monitoring or surveillance equipment and services;

69. Businesses providing staffing services, including temporary help;

70. Businesses that support the safe operations of residences and essential businesses;

71. Businesses that provide for the health and welfare of animals, including veterinarians, farms, boarding kennels, stables, animal shelters, zoos, aquariums, research facilities and other service providers;

72. Child care services for essential workers, and home child care services of less than six children;

73. Businesses providing cheque cashing services;

Business Regulators and Inspectors

74. Organizations, including Administrative Authorities, that regulate and inspect businesses.

News Release

Ontario Orders the Mandatory Closure of All Non-Essential Workplaces to Fight Spread of COVID-19

New Measures to Further Protect the Health and Safety of the People of Ontario

March 23, 2020 1:30 P.M.

Office of the Premier

TORONTO — To further contain the spread of COVID-19, the Ontario Government will order the mandatory closure of all non-essential workplaces effective as of Tuesday, March 24th at 11:59 p.m. This closure will be in effect for 14 days with the possibility of extending this order as the situation evolves. A full list of businesses that are permitted to stay open will be released tomorrow.

“This was a tough decision, but the right decision, as this is no time for half measures,” said Premier Doug Ford. “But I have said from day one we will, and we must, take all steps necessary to slow the spread of COVID-19. The health and safety of every Ontarian must come first. The health of you, your children, your grandparents and friends depends on all of us doing our part.”

Businesses that can continue operations with employees working remotely, or through other contingency measures, are being given approximately 36 hours to prepare and adapt. Essential services may continue their operations to maintain supply chains and ensure the people of Ontario have access to necessities, including groceries, medicines and other essential products.

A 1-800 number and website will be made available on Wednesday for any inquiries.

“Based on the advice of Dr. Williams, Ontario’s Chief Medical Officer of Health, and the experts at our Command Table, Ontario is taking further action to contain the spread of COVID-19,” said Christine Elliott, Deputy Premier and Minister of Health. “These enhanced measures are necessary to protect the health and well-being of Ontarians. Nothing is more important.”

“Our top priority must be to protect the health of the people of Ontario,” said Rod Phillips, Minister of Finance. “Slowing the spread of COVID-19 will allow the people and the businesses of Ontario to move forward from this unprecedented situation.”

“Our government is listening to our public health officials to ensure we take the right actions to support the health and safety of Ontario job creators and workers,” said Vic Fedeli, Minister of Economic Development, Job Creation and Trade. “We are working directly with businesses and workers across all sectors to support them in any way possible through this crisis. We urge the business community to share their innovative ideas and capabilities to fight COVID-19 through our new portal Ontario Together at www.ontario.ca/OntarioTogether.”

Additional Resources

• Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

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See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

This communique was sent to me by my client Sussex Strategy, a government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. If your business, or a business you know of, has capabilities that can join in this mobilization of industry, please find out more at buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19

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This morning, Prime Minister Trudeau announced a national strategy to mobilize Canadian industry to Fight COVID-19.  The Government will create pathways to deploy resources and to help facilities retool production lines to manufacture medical products and equipment including masks, gowns, hand sanitizer and ventilators. 

Trudeau said “From the very beginning of this outbreak, our priority has been the safety and health of all Canadians. We’re partnering with Canadian industry and business so we can act fast to ensure our health care providers have the products and supplies they need to help Canadians. Together, we are mobilizing all of Canada to fight the spread of the virus.”

The Prime Minister also confirmed that the Canada/US border will close at midnight tonight for all non-essential travel for tourism and recreation. Trade and commerce will continue. 

The strategy focuses on domestic capacity building, innovative solutions, and procurement of essential supplies. Further, it makes available all existing funding programs to help fight COVID-19.

Actions Include

• Build the industrial capability needed to manufacture critical supplies at scale in Canada. This will be done either by re-tooling the manufacturing lines of existing Canadian businesses or rapidly scaling up the production of those that already produce these products.
• Refocus Canada’s existing industrial and innovation programs, by adding to their mandate a requirement that they prioritize the fight against COVID-19. This includes:
  • the Strategic Innovation Fund to deliver direct support to Canadian companies for large-scale projects
  • National Research Council of Canada to expedite research and development with small and medium-sized enterprises
  • Innovation Superclusters to tap into a national network of 1,800 members, and Innovative Solutions Canada to help companies commercialize products more quickly
• Deliver direct support to key Canadian companies that are working on large-scale and later-stage research and development projects aimed, in the immediate term, at producing countermeasures to COVID-19.
• Challenge innovative companies to develop research-based solutions, technologies, and products that can address a variety of COVID-19 issues. 
• Source equipment needed to support Canada’s response to COVID-19 here in Canada. The Government of Canada will use existing supply arrangements and innovative, flexible procurement approaches. It is also reaching out to suppliers to identify and purchase equipment, supplies, and services needed for Canada’s response to COVID-19. With a view to longer-term support, the Government of Canada will ensure procurement flexibility to support innovation and build domestic manufacturing capacity to supply critical health supplies to Canadians.
• Massively scale-up production and help companies retool to shift production to crucial medical supplies
• Expedite new procurement streams to allow a larger number of businesses to provide larger number of items Canadians needs

Procurement

The Government of Canada reiterated their open procurement call for goods and services that can help fight COVID-19. Below is the link to more information about what products and services the government is looking for and the appropriate forms to submit.

buyandsell.gc.ca/calling-all-suppliers-help-canada-combat-covid-19

News Release

March 23, 2020

Ontario Significantly Enhancing COVID-19 Screening Measures and Supports 

Interactive Self-Assessment Tool Now Available to Help Keep People Safe
 

TORONTO — With the increasing severity of the COVID-19 outbreak, Ontario has now launched an enhanced and interactive self-assessment tool. This new easy-to-use tool takes the public through a series of questions to inform those who are concerned they may have contracted COVID-19. In a matter of seconds, this tool will help people determine if they are negative or it will provide them with guidance on where to seek care based on their needs. Critically, the enhanced tool provides the province with real-time data on the number and geography of users who are told to seek care, self-isolate or to monitor for symptoms. This data will help inform Ontario’s ongoing response in order to keep individuals and families safe.

“I encourage anyone who may have been exposed to COVID-19, have symptoms or may have travelled outside of Canada to first self-isolate and then take a few seconds to complete our new online assessment tool,” said Christine Elliott, Deputy Premier and Minister of Health. “This easy-to-use tool, developed with guidance from Dr. Williams, Ontario’s Chief Medical Officer of Health, is a great first step in that process. By answering a few questions, Ontarians will be able to make informed choices about what to do, while the province collects real-time data to enhance our ongoing response.”

The tool guides individuals through a series of questions and, based on their responses, users are provided clear direction on what action to take. These next steps could include: continue to practice social distancing; self-isolate; call a primary care provider or Telehealth Ontario; or in the case of symptoms such as severe difficulty breathing or severe chest pain, call 911 or go to the emergency department.

Those people whose self-assessment shows they may have COVID-19 will be advised to call their primary care provider, who can conduct a virtual assessment by phone or other technology. People can also call Telehealth Ontario at 1-866-797-0000 (24/7), where they can speak to a health care professional about their symptoms. As announced last week, the province is rapidly expanding service capacity to ensure timely responses and has increased Telehealth’s line capacity to more than 2,000 to help manage the high daily call volume.

In some cases, based on the virtual assessment, individuals may be referred by their primary care provider or Telehealth Ontario to one of the province’s 58 assessment centres for an in-person assessment. These centres, which are by referral only, are helping to ease the pressures on hospital emergency departments using innovative care models, including in some cases drive-thru testing.

As part of the investment of up to $304 million to enhance the province’s response to COVID-19, Ontario will be establishing additional assessment centres across the province. The centres are located in dedicated spaces, which will facilitate high-quality care to protect broader patient populations. The 58 centres that have already opened are in several municipalities across the province. 

Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.

QUICK FACTS

• Ontarians should be practising social distancing to reduce their exposure to other people. Avoid close contact (within 2 metres) with people outside of your immediate families.
• Anyone who has travelled outside of Canada should:
  • Self-isolate for 14 days when they return. People who are self-isolating should not go to work.
  • Monitor themselves for symptoms of the 2019 novel coronavirus for 14 days after returning to Canada.
  • Contact their primary care provider or Telehealth Ontario at 1-866-797-0000 if they experience symptoms of the 2019 novel coronavirus.
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• To help prevent the spread of COVID-19, wash your hands often, cough and sneeze into your sleeve or a tissue, and stay home if you are feeling sick.

ADDITIONAL RESOURCES

• Enhanced Measures to Protect Ontarians from COVID-19
• Ontario Enacts Declaration of Emergency to Protect the Public
• Visit Ontario’s website to learn more about how the province continues to protect Ontarians from COVID-19.
• Learn about travel advisories related to the 2019 novel coronavirus.
• If you are a health care professional, learn how to protect yourself and your patients by reading our guidance documents.

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

COVID-19: Employment Standards Amendment Act (Infectious Disease Emergencies)), 2020

This bill was passed March 19 and the Ontario Government has published full details of this amendment on »» this page and has also written a straightforward Explanatory Quote, which I quote below:

The amendments entitle an employee to a leave of absence without pay, starting on the prescribed date, if the employee will not be performing the duties of his or her position because of various reasons related to a designated infectious disease, including that the employee is under medical investigation, supervision or treatment; that the employee is in quarantine or isolation; that the employee is providing care or support to another individual; or that the employee is affected by travel restrictions. Restrictions on the entitlement are specified, and related amendments are made addressing the evidence of entitlement required, when the entitlement ends and the regulation-making powers.

Further to that note, the infectious disease emergency leave is available for employees unable to work for any of the following reasons:

• The employee is under medical investigation, supervision or treatment for COVID-19.
• The employee is acting in accordance with an order under the Health Protection and Promotion Act.
• The employee is in isolation or quarantine in accordance with public health information or direction.
• The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
• The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
• The employee is prevented from returning to Ontario because of travel restrictions.

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Employees will also be able to utilize this leave to care for the following individuals:
The employee’s spouse.

• A parent, step-parent or foster parent of the employee or the employee’s spouse.
• A child, step-child or foster child of the employee or the employee’s spouse.
• A child who is under legal guardianship of the employee or the employee’s spouse.
• A brother, step-brother, sister or step-sister of the employee.
• A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
• A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.
• A son-in-law or daughter-in-law of the employee or the employee’s spouse.
• An uncle or aunt of the employee or the employee’s spouse.
• A nephew or niece of the employee or the employee’s spouse.
• The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
• A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
• Any individual prescribed as a family member for the purposes of this section.

These measures are retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario and the leave is intended to remain in place as long as COVID-19 remains designated as an infectious disease emergency by regulation and the employee remains unable to attend at work due to one of the circumstance outlined above. 

The effect of this is that different employees may have significantly different leave entitlements based on their individual circumstances. 
For example:

• Employee ‘A’ is required to self-isolate for 14 days, is entitled to a leave for the duration of that period, and may then be able and expected to return to the workplace. 
• Employee ‘B’ may have care obligations related to a school closure and therefore may be entitled to remain on leave for a significantly longer period of time. 

While employees are not required to provide a medical note if they need to take infectious disease emergency leave, an employer may require that other evidence that is reasonable in the circumstances be provided to justify the leave. This could be a note from the daycare or for evidence that the airline cancelled a flight, but not a medical note.

The introduction of these amendments does not necessarily alter an employer’s existing obligations regarding paid absences under workplace policies or collective agreements. These must be considered before making decisions on staffing reductions. 

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I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.



You may also find these online resources helpful in keeping up to date with the COVID-19 situations in Toronto, Ontario and Canada:

• COVID-19 Self-Assessment Tool. https://www.ontario.ca/page/2019-novel-coronavirus
• Contact your family doctor; Telehealth Ontario at 1-866-797-0000 or local public health unit if experiencing symptoms of the 2019 novel coronavirus
• A downloadable poster for home use that provides a colourful graphic reminder of prevention practices  is available at  https://files.ontario.ca/moh-coronavirus-pec-poster-en-2020-03-09.pdf
• The Public Health City of Toronto pdf: Guidance for Workplaces/Businesses and Employers: https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf
• Government of Ontario and Government of Canada web pages with the most up-to-date information on the COVID-19 outbreak.
• Health Canada:  https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html 
• Health and Wellness Ontario: https://www.ontario.ca/page/2019-novel-coronavirus

IMPORTANT: ON MARCH 25, 2020 THE PROGRAMS ON THIS PAGE WERE INCORPORATED INTO THE COVID-19 EMERGENCY RESPONSE ACT. THE MOST UP-TO-DATE INFORMATION CAN BE FOUND »» HERE COVID-19 Emergency Response Act

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» EI Sickness Benefits and Work Sharing: March 17
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

The Government of Canada today announced care and support benefits to workers who are eligible for Employment Insurance (EI), non EI-eligible workers – including workers who are self-employed – and incentives and reliefs to businesses that employ Canadian workers. These are in addition to the changes in EI Sickness Benefits and the Federal Work Sharing program that I outlined in my email yesterday, namely:

• waiving the mandatory one-week waiting period for EI sickness benefits for workers in imposed quarantine or who have been directed to self-isolate
• waiving the requirement for a medical certificate to access EI sickness benefits
• waiving the mandatory waiting period in the Work-Sharing Program so that employers with a recently expired agreement may immediately apply for a new agreement, without waiting between applications.

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Below is a summary of the announcements today that are specifically designed to have a positive impact on worker benefits and employers.

In total Prime Minister Justin Trudeau outlined measures in the COVID-19 Economic Response Plan that will provide up to $27 billion in direct support to Canadian workers and businesses, plus $55 billion to meet liquidity needs of Canadian businesses and households through tax deferrals to help stabilize the economy.

Please click on this link for »» information about all of the announcements made by the Prime Minister this morning.

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Emergency Care Benefits

This measure could provide up to $10 billion to Canadians, and includes up to $900 bi-weekly for up to 15 weeks for:

• EI-eligible and non EI-eligible working parents including those that are self-employed who must stay home without pay because of children who are sick or who need additional care because of school closures.
• Non EI-eligible workers including the self employed who do not have access to paid sick leave and are
  • Sick, quarantined, or who have been directed to self-isolate
  • Taking care of a family member who is sick with COVID-19, such as an elderly parent or other dependents who are sick

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Emergency Support Benefits

These will be delivered through the Canada Revenue Agency to support small businesses, help employers keep people on their payroll and help workers who are facing unemployment and are not eligible for EI.

It will provide eligible small businesses a 

• 10 per cent wage subsidy for the next 90 days, up to a maximum of $1,375 per employee and $25,000 per employer. 

Employers benefiting from this measure include 

• corporations eligible for the small business deduction
• not-for-profit organizations and charities.

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Support for Businesses

To support Canadian businesses and help them retain their workers during an uncertain economy and tightening credit conditions, the Government has announced it will allow all businesses to defer, until after August 31, 2020, the payment of any income tax amounts that become owing on or after March 18 and before September 2020. 

This relief will apply to tax balances due, as well as instalments, under Part I of the Income Tax Act. 

No interest or penalties will accumulate on these amounts during this period.

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I hope you find this guidance and information helpful and as always, I am available to answer any questions you may have about any employment matter.

I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.

Other resources:

• COVID-19 Self-Assessment Tool. https://www.ontario.ca/page/2019-novel-coronavirus
• Contact your family doctor; Telehealth Ontario at 1-866-797-0000 or local public health unit if experiencing symptoms of the 2019 novel coronavirus
• A downloadable poster for home use that provides a colourful graphic reminder of prevention practices  is available at  https://files.ontario.ca/moh-coronavirus-pec-poster-en-2020-03-09.pdf
• The Public Health City of Toronto pdf: Guidance for Workplaces/Businesses and Employers: https://www.toronto.ca/wp-content/uploads/2020/03/9538-Fact-Sheet-for-Workplaces-Non-Healthcare_final.pdf
• Government of Ontario and Government of Canada web pages with the most up-to-date information on the COVID-19 outbreak.
• Health Canada:  https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html 
• Health and Wellness Ontario: https://www.ontario.ca/page/2019-novel-coronavirus

See these other posts for more COVID-19 Employment Law information:
»» Webinar & Slide presentation: COVID-19 Ontario Workplace Issues: March 16
»» Temporary Layoffs: March 17
»» New Emergency Care Benefits and Supports: March 18
»» Amendment to Ontario Employment Standards: March 21
»» Supplementary Unemployment Benefit Plan (SUB Plan): March 21
»» Mobilizing Canadian Industry to Fight COVID-19: March 23
»» List of Ontario essential workplaces: March 24
»» COVID-19 Emergency Response Act March 26
»» Canada Emergency Wage Subsidy March 30

This post contains detailed information regarding the EI Sickness Benefits and Work-Sharing programs in general, but most importantly for these times I would like to inform you about the changes that have been implemented in response to COVID-19.

EI Sickness Benefits Changes

• The Federal Government has waived the usual one (1) week waiting period, meaning that employees under quarantine or self-isolation will now be able access EI benefits immediately.
• Also waived is the requirement for a medical certificate signed by a qualified medical professional.

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Federal Work-Sharing Program

• The mandatory waiting period has also been waived in the Work-Sharing Program so that employers with a recently expired agreement may immediately apply for a new agreement, without waiting between applications.

I hope you find this guidance and information helpful and as always, I am available to answer any questions you may have about any employment matter.

I remind and encourage you to observe the recommendations outlined by our public health authorities and hope that you, your employees, families and loved ones stay safe and healthy.

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Employment Insurance (EI) Sickness Benefits
Employment and Social Development Canada COVID-19 web page: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html

What does EI Sickness Benefits provide?

Financial support for eligible workers who:

• are unable to work for a medical reason (which now includes being subject to quarantine or self-isolation);
• have experienced a decrease in regular weekly earnings of more than 40% for one week; and
• have accumulated 600 insured hours of work in the 52 weeks before the start of the claim.

How much can an employee claim and for how long?

• EI Sickness Benefits pay 55% of an employee’s insurable earnings, up to a maximum of $573 per week, less applicable taxes.
• Employees can claim these benefits for a maximum of 15 weeks.

What is a waiting period and how has it changed?

A waiting period is a period of time in which an employee does not receive EI Sickness Benefits.

• Normally, there is a one (1) week waiting period for EI Sickness Benefits, in which an employee would not receive payment. 
  • For example, if an employee were under quarantine or self-isolated for two (2) weeks, they would only receive one (1) week of EI Sickness Benefits.
  • The Government has now waived the one (1) week waiting period. This means employees will now be able to access benefits for their period of absence, up to a maximum of 15 weeks.

Is a doctor’s note required to access EI Sickness Benefits?

Normally, a medical certificate (signed by a qualified medical professional) is required to access the benefits.

• As of March 11, 2020, the Government has stated that they are waiving the medical note for individuals required to go into quarantine by law or by a public-health official.
• Should the quarantine period or self-isolation period be extended, a signed medical certificate may still be necessary.

Can Employers top up an employee’s EI Sickness Benefits?

Yes, a Supplementary Unemployment Benefit Plan (SUBP) can be established by an employer to top up employees’ EI benefits during a period of unemployment due to a temporary layoff for, among other things, sickness.

A SUBP should be registered with Service Canada and must meet the requirements set out below, otherwise it will be treated as income and any EI benefits received may be reduced.

• Article 37(2) of the EI Regulations require that a SUBP:
  • identify the group or groups of employees covered by the plan;
  • cover any period of unemployment by reason of a temporary stoppage of work, training, illness, injury, quarantine or any combination of such reasons;
  • require employees to apply for and be in receipt of benefits in order to receive payments under the plan but may provide for payments to an employee who is not in receipt of benefits for the reason that the employee:
    • (i) is serving the waiting period,
    • (ii) has insufficient hours of insurable employment to qualify for benefits, or
    • (iii) has received all of the benefits to which the employee is entitled;
  • require that the combined weekly payments received from the plan and the portion of the weekly benefit rate from that employment do not exceed 95 per cent of the employee’s normal weekly earnings from that employment;
  • require that payments under the plan be financed by the employer and that the employer keep separate accounts for those payments;
  • require that, on termination of the plan, all remaining assets revert to the employer or be used for payments under the plan or for administrative costs of the plan;
  • require that the plan be submitted to the Commission prior to its effective date and that written notice of any change to the plan be given to the Commission within 30 days after the effective date of the change;
  • provide that the employees have no vested right to payments under the plan, except to payments during a period of unemployment specified in the plan; and
  • provide that payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under the plan

The registration date of the SUBP is the date on which it is submitted to Service Canada’s SUB Program, if all the required conditions are met and all supporting documents are received.

The plan will be registered under the employer’s business number for payroll deductions and a notification of the approval will be sent to the employer. Until a plan is registered, any amounts paid will be treated as earnings and may be deducted from the employee’s EI benefits.

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Federal Work-Sharing Program

Employment and Social Development Canada COVID-19 web page: https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html

What is work-sharing?

Work-sharing is a program designed to help eligible employers avoid layoffs when there is a temporary reduction in the normal level of business activity (that is beyond the control of the employer). The program is available to both federally and provincially regulated employers.

As a result, Employment Insurance Benefits are provided for eligible employees as income support.

Affected employees must agree to work a reduced schedule and share available work over a specified period of time.

Both the employer and the employee must apply to participate in a Work-Sharing program together.

The mandatory waiting period has also been waived so that employers with a recently expired agreement may immediately apply for a new agreement, without waiting between applications.

How do I know if I am an eligible employer?

To be eligible for a Work-Sharing program, employers must:

• have been in business in Canada year-round for at least two (2) years;
• be a private business, publicly-held company or a not-for-profit organization;
• demonstrate that the shortage of work is temporary and beyond their control;
• demonstrate a recent decrease in business activity of approximately 10%; and
• submit and implement a recovery plan designed to return the Work-Sharing individuals to normal working hours by the end of the program.

Employers may not make a Work-Sharing agreement with employees who are:

• seasonal, or students hired for the summer or co-op term;
• hired on a casual or on-call basis; or
• shareholders of the business, whose shares provide them with significant decision making power as to the direction of the company.

How many hours of an employee’s work schedule can be reduced and how long can it last?

A reduction between a minimum of 10% (one half day) and a maximum of 50% (three days).

In any given week, the work reduction can vary depending on available work, as long as the work reduction on average is between 10%-60% for the duration of the program.

The program must have a minimum duration of six (6) weeks and as a result of COVID-19, may last up to 76 weeks (normally maximum 38 weeks).

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As you are well aware, many things are changing rapidly in every aspect of our business and personal lives. I will keep you informed of all changes related to Employment and Labour Law and am available to answer any questions that you may have.



You may find these online resources helpful in keeping up to date with the COVID-19 situations in Toronto, Ontario and Canada:

Toronto: https://www.toronto.ca/home/covid-19/

Ontario: https://www.ontario.ca/page/2019-novel-coronavirus

Canada: https://www.canada.ca/en/public-health/services/diseases/2019-novel-coronavirus-infection.html