Monthly Archives: September 2020

New COVID-19 Federal programs, CERB to move to EI

September 25, 2020

Transition from CERB to EI, new COVID-19 related federal programs outlined.

Over the past two days the federal government has revealed the specifics of plans outlined on August 20 for programs to support Canadians impacted by the continuing COVID-19 pandemic.

One of these plans is the transitioning of Canadians receiving the CERB (Canada Emergency Response Benefit) to a temporarily altered EI (Employment Insurance) program.

In addition, for workers not eligible for EI, Bill C-2, An Act relating to economic recovery in response to COVID-19
 was tabled in Parliament on September 24 to create three new temporary Recovery Benefits to help support Canadians unable to work for reasons related to COVID-19. 

I have provided top line information for you below. Full details can be found on the Government of Canada website:

Transition from CERB to EI: 
Programs included in Bill C-2
 

Transition from CERB to EI

Timing

The transition from CERB to the revised EI will begin September 27.

The majority of Canadians still receiving the CERB through Service Canada who are eligible for EI will be automatically transitioned. 

Service Canada will contact all EI clients to confirm whether they need to apply or are being transitioned automatically. (Exceptions noted below)

Details

  • Canadians receiving EI are eligible for a taxable benefit at a rate of at least $500 per week, or $300 per week for extended parental benefits. 
  • Canadians claiming EI benefits for job loss would be eligible for at least 26 weeks.
  • Returning to the EI program will allow claimants to benefit from the Working While on Claim rules. 
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The rules allow claimants to keep receiving part of their EI benefits and all their earnings from work.

NOTE: Employers are able to make use of registered Supplemental Unemployment Benefit (SUB) plans to provide support to employees.  

The EI program will also allow Canadians with 120 hours of insurable work or more to qualify by providing a temporary, one-time credit of 300 insurable hours for those claiming EI regular and work-sharing benefits. 

  • Canadians claiming EI special benefits – including maternity, parental, sickness, compassionate care, and family caregiver – will be provided with a temporary, one-time credit of 480 insurable hours.
  • Waiting period will be waived for EI sickness benefit claimants to encourage compliance with public health measures. 
  • Requirement to provide a medical certificate will also be waived for all sickness claimants
    • Service Canada will retain the ability to request evidence of sickness for integrity purposes.  

Some Canadians will need to apply to Service Canada to access EI benefits. These include:

  • 900-series Social Insurance Numbers holders;
  • self-employed workers who received benefits through Service Canada; and,
  • Canadians who received the CERB from the Canada Revenue Agency but could have 120 hours of insurable and meet the other eligibility criteria.

As is normally the case, Canadians become eligible for their first EI payment at the end of the two weeks that they are out of work. This means, for example, that those switching to EI from CERB effective September 27, 2020, will be eligible for their first EI payment as of October 11. 


Programs outlined in Bill C-2


If passed, the legislation would create:

  • A Canada Recovery Benefit (CRB) of $500 per week for up to 26 weeks, to workers who are self-employed or are not eligible for EI and who still require income support. This Benefit would support Canadians who have not returned to work due to COVID-19 or whose income has dropped by at least 50%.
  • A Canada Recovery Sickness Benefit (CRSB) of $500 per week for up to two weeks, for workers who are sick or must self-isolate for reasons related to COVID-19 and do not have a paid sickness benefit plan or granted paid leave for that period.
  • A Canada Recovery Caregiving Benefit (CRCB) of $500 per week for up to 26 weeks per household, for eligible Canadians unable to work because they must care for a child under the age of 12 or family member because schools, day-cares or care facilities are closed due to COVID-19 or because the child or family member is sick and/or required to quarantine.  

The announcement also changes the established minimum weekly benefit payment for all EI recipients to $500 — the same level as the CRB.
 
Canadians will be able to apply for the CRB, CRSB, and CRCB through the Canada Revenue Agency (CRA) for one year up until September 25, 2021.

Ontario adds workplace inspectors

September 23, 2020

Ontario to hire 98 health and safety workplace inspectors, offer COIVD-19 testing at pharmacies.

The Government of Ontario today announced that it will be hiring 98 new labour inspectors with the responsibility of monitoring health and safety in workplaces. Training for the inspectors is set to begin ‘in the fall’ according to the text of the announcement, which I have included below.

The government also announced that pharmacies in the province will soon begin offering COVID-19 testing with as many as 60 pharmacies offering the by-appointment service this Friday “with further locations coming online in the coming weeks”.

In regards to the health and safety inspectors, the new officers will be checking and enforcing that workplaces are following occupational health and safety legislation.

They will have broad powers to:

  • inspect any workplace and ensure they have COVID protections in place;
  • investigate any potentially hazardous situation, critical injury, fatality and work refusal;
  • order compliance with the legislation;
  • stop unsafe work from being performed; and
  • recommend and initiate prosecutions.
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To ensure that your workplace has instituted and is maintaining safe protocols and practices, you may wish to revisit the Ontario Workplace Reopening Guide and Toolkit which I advised you of in mid June.
 
You may also wish to visit the new Ontario Together PPE Directory, also announced today, which has listings for masks, sanitization, eye protection, gowns, gloves and sneeze guards.

News Release

September 23, 2020

Ontario Set to Employ the Largest Number of Labour Inspectors in Provincial History
New Inspectors will help Keep Workers Safe on the Job during COVID-19

TORONTO – The Ontario government is launching a recruitment campaign to increase its team of frontline health and safety inspectors by 98 and help ensure workplaces across the province are doing their part to prevent the spread of COVID-19. With these new hires, there will be more labour inspectors on the ground than ever before in the province’s history.    

“Our government is taking the steps necessary to protect Ontario workers on the job and keep our economy on the road to full recovery,” said Minister of Labour, Training and Skills Development Monte McNaughton. “By adding more inspectors to our team, we can respond faster to situations as they arise and help make sure that every office, plant, store and job site in this province is safe, during COVID-19 and beyond.

The hiring of these new workers will see the number of active inspectors in the province increase from 409 to 507, an increase of 24 per cent. Training is set to begin later this fall.

The new inspectors will play a key role in protecting workers by checking and enforcing that workplaces are following occupational health and safety legislation. The will have broad powers to:

  • inspect any workplace and ensure they have COVID protections in place;
  • investigate any potentially hazardous situation, critical injury, fatality and work refusal;
  • order compliance with the legislation;
  • stop unsafe work from being performed; and
  • recommend and initiate prosecutions.

The full-year cost for the new inspectors will be $11.6 million. Recruitment of the inspectors will begin in early October 2020. Applicants will have one month to apply.

“Nothing is more important than protecting the health and safety of our workers,” said Minister McNaughton. “By building the largest labour inspectorate in history, we’re in the best position to do just that.”

To help ensure that employers have the resources and equipment they need to keep their employees safe, including Personal Protective Equipment (PPE), the government launched the Ontario Together PPE Directory. With listings for masks, sanitization, eye protection, gowns, gloves and sneeze guards, the directory is another tool to help keep everyone safe while on the job.

QUICK FACTS

  • Inspectors are provincial offences officers designated under the Provincial Offences Act and are appointed as inspectors under Occupational Health and Safety Act.
  • Between March 11 and September 8, 2020, Ministry of Labour, Training and Skills Development inspectors conducted 19,411 inspections and investigations related to COVID-19 and issued 16,520 orders while on those visits.
  • Any worker who thinks they are working in unsafe conditions should report their concerns to Ontario’s Health and Safety Contact Centre, at 1-877-202-0008.

ADDITIONAL RESOURCES

Government of Ontario announces extension to protection against termination and severance liabilities

September 4, 2020

I advised you in early August that the Government’s response to the COVID-19 pandemic and the declaration of a state of emergency had required a number of amendments to the Employment Standards Act (2000) that had an impact on temporary layoffs of your employees.

Specifically, I advised you that “Employees who continue to experience reduced hours or wages after September 4, 2020, could attempt to claim that their employment has been terminated and assert various claims for compensation.”

I also encouraged you to examine your operational needs and, if able, take steps to recall workers back to work or adjust current salary reductions before September 4, 2020.  

Yesterday, September 3, the government extended employer protection against automatically triggered severance liabilities under the Employment Standards Act until January 2, 2021.

In practical terms, this means that any employees placed on temporary leave due to reduced demand because of COVID-19 can remain on temporary leave without penalty under the Employment Standards Act until such time as your workload requires their return, or until January 2, 2021.

Please note that while the protection from termination under the Employment Standards Act  has been extended the issue of whether a temporary layoff under common-law amounts to a termination has still to be determined by the courts. I will keep you updated on this issue.

Employees at businesses that have fully reopened continue to have job protection through the Infectious Disease Emergency Leave if they need to stay home to isolate or quarantine or take care of a loved one due to COVID-19. This includes parents who decide not to send their children back to school due to concerns about COVID-19.

News Release

September 3, 2020

Ontario Extends Support for Employers and Employees Impacted by COVID-19

Protecting jobs by helping businesses avoid costly payouts and closures

TORONTO – The Ontario government is helping protect jobs and businesses by extending protection to prevent temporary layoffs from automatically becoming permanent job losses. Although Ontario is now in Phase 3 of reopening, this extension will give businesses more time to reopen and return to full operations.

This extension will last until January 2, 2021. 

Under Ontario labour laws, termination of an employee after 13 weeks of being temporarily laid off triggers costly payouts which, for many businesses, could be the difference between survival and closure. This regulatory amendment delays these terminations and severance liabilities.

“As our government continues to take the necessary steps to safely reopen the economy, we need to protect the businesses and employees impacted by COVID-19.,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “The cost of termination and severance pay can make it impossible for a business to survive and reopen. That’s why we acted to make sure businesses survive and workers have jobs to come back to.”

QUICK FACTS

  • Termination and severance obligations can create a significant financial burden for business. For example, a restaurant with 30 employees could be liable for termination payments as high as $100,000.
  • This measure does not apply to employees represented by a trade union. The government encourages parties in collective bargaining relationships to work together to resolve workplace issues.
  • Ontario’s unemployment rate in July was 11.3%.
  • Employees at businesses that have fully reopened continue to have job protection through the Infectious Disease Emergency Leave if they need to stay home to isolate or quarantine or take care of a loved one due to COVID-19. This includes parents who decide not to send their children back to school due to concerns about COVID-19.
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ADDITIONAL RESOURCES

Return To Work Toolkit – Mental Health

September 1, 2020

One of the potentially overlooked aspects of people returning to the workplace in the coming weeks and months is the effect that living with the COVID-19 situation in our community can have on an individual’s mental health.

Many people are feeling anxious about physically going back to work but may be struggling in silence or are not comfortable discussing the impact these uncertain times are having on them.

My client the Canadian Mental Health Association Ontario Division has prepared a Return To Work Toolkit to help employers recognize and address some of these issues and situations and provide strategies for a safe psychological return to the workplace.

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CEO Camille Quenneville has provided me a copy for distribution that you may find helpful for your employees and in your workplace.

You can download the pdf file through this link: 
RETURN TO THE WORKPLACE: A psychological toolkit for heading back to work

It comes with an extremely high recommendation from Kelly Hannah-Moffat, PhD, who is Vice President of Human Resources & Equity and a Professor of Criminology and Sociolegal Studies at the University of Toronto.

I hope you will also find it helpful.