Monthly Archives: November 2020

Federal Fall Economic Statement Analysis

November 30, 2020

The Government of Canada today released its Fall Economic Statement or “mini-budget”, which has been widely anticipated because it provides important information on the impact of the COVID-19 pandemic on Canada’s economy and the measures planned to help recovery in the coming months and years.

The Statement outlines a national deficit that will reach $382 billion in the fiscal year 2020-21 and the expectation that it will fall to $121 billion in 2021-22 and to $51 billion the following year.

For a perspective on the Economic Statement as a whole, I thought you might be interested in this summary and analysis from one of my clients, Sussex Strategy Group. Their President, Paul Pellegrini, has kindly allowed me to share it with you.

Sussex Strategy is an experienced and highly respected government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. I find their reports informative and insightful, and I hope you will also.

The full government statement can be read and downloaded from this page on the government of Canada website: Fall Economic Statement 2020 – Supporting Canadians and Fighting COVID-19

Federal Fall Economic Statement Unveiled

Today, Deputy Prime Minister and Finance Minister Chrystia Freeland released the federal government’s Fall Economic Statement (FES) in the House of Commons. Titled Supporting Canadians and Fighting COVID-19, the plan is the first major economic update since COVID-19 permanently postponed Budget 2020. It also marks Deputy Prime Minister Freeland’s first major fiscal update to Canadians. As expected, the FES reveals a deficit expected to hit a record $381 billion, largely due to close to $400 billion spent fighting the pandemic.

Today’s statement is a clear indication that the government remains squarely focused on addressing the urgent needs caused by the COVID-19 pandemic. It also comes amid a highly charged political environment centered on when Canadians can expect to receive a vaccine.

The statement does, however, begin to look ahead to economic recovery and commits the federal government to a time-limited, $70-100 billion (3-4% of GDP) economic recovery plan. Between now and Budget 2021, the government will be actively developing the details of this stimulus program. 

COVID-19 Response Programs

Health Care
As the second wave of COVID-19 is being fought across the country, the federal government has announced further funding to fight COVID-19, including funding for testing capacity, PPE and medical equipment, improving ventilation in public buildings, and preventing outbreaks in shelters.

New funding was announced for long-term care facilities, which have seen the majority of COVID-19 deaths across the country. The most significant was a commitment of up to $1 billion for a Safe Long-term Care Fund to help provide care and protect people in long-term care. Funding will be contingent on a detailed spending plan and investment in accordance with these plans. Funds will be allocated on an equal per capita basis and will be for infection prevention and control readiness assessments, improvements to ventilation, hiring additional staff or topping up wages. The government reiterated its commitment to establish national standards for long-term care.

The FES also committed to boosting funding for mental health and virtual care by committing an additional $50 million to distress centres and $43 million to provide further support for the Wellness Together Canada portal and the resources it offers.

Absent from the FES was any new funding for pharmacare. It did, however, indicate strategy options for high-cost drugs for rare diseases would be forthcoming. Also absent was a further increase to the annual health transfer, as requested by the provinces.

Child Care

In the FES, the government has made initial commitments to establish a Canada-wide Early Learning and Child Care System. The government has committed $20 million over 5 years, starting in 2021-22 to create a Federal Secretariat on Early Learning and Child Care. A parallel investment of $70 million over 5 years, starting in 2021-22 has been committed to sustain the existing federal Indigenous Early Learning and Child Care Secretariat.

To sustain previous investments in Early Learning and Child Care that provide fee subsidies and create new affordable spaces, the government is proposing to make funding permanent at 2027-28 levels by providing $870 million per year, starting in 2028-29. Additional funding is also committed to supporting early childhood educator workforce.

The government has proposed a temporary increase of up to $1,200 in 2021 for each child under the age of 6, for families who are entitled to the Canada Child Benefit.

Wage and Rent Support

The government announced an increase in the maximum wage subsidy rate to 75 per cent for the period beginning December 20, 2020, and to extend this rate until March 13, 2021, to provide greater certainty to employers.

In addition, the government has proposed extending the current subsidy rates of the Canada Emergency Rent Subsidy for an additional three periods. This means a base subsidy rate of up to 65 per cent will be available on eligible expenses until March 13, 2021. The government is proposing to extend the rate of 25 per cent for the Lockdown Support for an additional three periods, until March 13, 2021. The government has still not committed to making this program retroactive for businesses that did not qualify for the first round of rent support.

Business Financing

The government will work with financial institutions in the near term to create the Highly Affected Sectors Credit Availability Program (HASCAP) – a new program for the hardest hit businesses, including those in sectors, like tourism and hospitality, hotels, arts and entertainment. This program will offer 100% government-guaranteed financing for heavily impacted businesses and provide low-interest loans of up to $1 million over extended terms, up to ten years.

In addition, the government is proposing a top-up of up to $500 million, on a cash basis, to Regional Development Agencies and the Community Futures Network of Canada, bringing total funding to over $2.0 billion for this fund.

The government also announced a proposed top-up to the Strategic Innovation Fund (SIF) of $250 million over 5 years, beginning in 2021-22.

Working From Home

The government announced today that the CRA will allow employees, working from home in 2020 due to COVID-19 and with modest expenses, to claim up to $400 on their 2020 taxes, without the need to track detailed expenses. The government will generally not request that people provide a signed form from their employers.

Sector Specific Support

Clean Energy
In the 2020 Throne Speech, the government indicated COVID-19 economic recovery would focus on clean growth. In the FES, Minister Freeland unveiled the first details of its Building Back Better plan for economic recovery concerning clean investments and climate action. The FES specifically included measures that can safely be implemented now, which Minister Freeland noted are a “down payment on the investments to come.”

Details on funding for hydrogen and other clean fuels were notably absent in the FES. The document did however flag that the government’s upcoming climate plan will highlight further work and investments in areas like renewables, clean fuels, and hydrogen. Additional items expected in the near-term include the release of the Small Modular Reactor (SMR) Action Plan and the Hydrogen Strategy, both anticipated before the end of 2020.

Notable clean and green economy highlights from the FES include:

  • Home Energy Retrofits: $2.6 billion over 7 years, starting in 2020-21, to Natural Resources Canada to provide up to 700,000 grants of up to $5,000 to help homeowners make energy-efficient improvements to their homes, and up to one million free EnerGuide energy assessments. 
  • Zero Emission Vehicle Infrastructure Deployment: $150 million over 3 years to Natural Resources Canada, starting in 2021-22 for recharging and refueling ZEV stations.
  • Natural Climate Solutions for Agriculture Fund: $98.4 million over ten years to Agriculture and AgriFood Canada to helps farms increase carbon sequestration and adoption management practices.
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Arts, Culture and Entertainment 

The government announced an additional $181.5 million in 2021-22 to the Department of Canadian Heritage and the Canada Council for the Arts to expand their funding programs. This includes a one-year renewal of funding provided in Budget 2019 for the Building Communities through Arts and Heritage program, the Canada Arts Presentation Fund and the Canada Music Fund.

The government also committed to working with industry to prevent the closures of flagship events and festivals across Canada.

Air Sector

The FES notes that COVID-19 and related health restrictions have caused Canada’s air sector to suffer a near total collapse in passenger travel. This is threatening the viability of Canada’s airlines and airports, the people who work there and the communities that rely on them. The FES announced several new measures aimed at supporting this heavily-hit sector, including:

  • $206 million over two years to support regional air transportation, including regional air carriers;
  • $186 million over two years to support small and regional airports;
  • $500 million over six years to establish a new transfer payment program to support large airports; and,
  • $229 million in rent relief, via a mix of waiving and deferring rent payments, extended to the 21 airport authorities that pay rent to the federal government.

Conclusion
Today’s economic update demonstrates two important factors: that the suite of federal COVID-19 business support programs continues to grow and evolve and that a wide-ranging, $70-100 billion stimulus program will be shaped ahead of Budget 2021.

There is much from this FES to be sorted out in the details. Now is the time to engage with government as they fine tune existing support measures and work out a vision and direction for post-pandemic stimulus spending.

COVID-19 Updates – Ontario and Federal

November 23, 2020
There have been a number of announcements from the governments of Ontario and Canada over the past few days, some of which may have gone unnoticed as the news of lockdowns and restrictions was understandably top of mind.

In order for you to keep up to date with the new, existing and proposed programs related to the COVID-19 pandemic, I thought a brief summary of each of the announcements might be helpful.

I have provided the top line information for five (5) announcements with links to the full News Releases form each of the government.

I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and will continue to observe and practice the protocols and guidance provided by our Public Health officials, as difficult as it may be in the coming weeks.

Top Line Summaries

Canadian Emergency Rent Subsidy Applications Now Open
November 23, 2020

Applications for the new Canadian Emergency Rent Subsidy (CERS) are now open. Applications are made directly through your CRA business account and can be completed »» here.

Qualifying businesses can receive support of up to 65% of monthly rent and certain other expenses, based on a maximum rent amount of $75,000 per month, and depending on the total overall drop in revenue. Businesses facing an official public health lockdown or significant business restrictions are eligible for an additional 25% support for a total of up to 90% coverage.

Please note that the program is retroactive to September 27, 2020 and that the support will go directly to tenants.

Link to Full Release: Canadian Emergency Rent Subsidy Applications Now Open


Canadian Emergency Wage Subsidy
November 19, 2020

The CERS and additional Lockdown Support are part of Bill C-19, An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), which received Royal Assent November 19, 2020.

As the name of the Bill states, it also includes provisions for extension of  the Canada Emergency Wage Subsidy until June 2021. The wage subsidy will remain at the current rate of up to 65 per cent of eligible wages until December 19, 2020.

Link to Full Release: New, targeted support to help businesses through pandemic receives Royal Assent


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Ontario Extends COVID-19 Orders to December 21, 2020
November 20, 2020

As I have outlined in previous emails, the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA), which came into force on July 24, 2020 requires periodic extension to ensure important measures remain in place after the provincial declared emergency came to an end. 

This is largely a ‘housekeeping’ issue. Last week the Ontario government in consultation with the Chief Medical Officer of Health, extended all orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) until December 21, 2020.

The list of orders under the ROA that have been extended can be found online on the Government of Ontario’s website

Link to Full Release: Ontario Extends COVID-19 Orders


Ontario Launches Workplace Education and Enforcement Campaigns
November 19, 2020

The Ontario government is launching a series of education and enforcement campaigns to ensure businesses across the province are taking the necessary steps to keep employees, consumers and the public safe. 

These campaigns will support the current efforts of police, municipal by-law officers, and public health inspectors to educate businesses and enforce the COVID-19 health and safety requirements. Officers will be asking employers to produce their workplace safety plans.

Employers required to submit plans are largely in the retail, entertainment and consumer services segments and include:Restaurants, bars, and food or drink establishments;Sports and recreational facilities;Meeting and event spaces;Malls;Personal care services;Casinos, bingo halls, and other gaming establishments;Cinemas; andPerforming arts facilities.

Link to Full Release: Ontario Launches Workplace Education and Enforcement Campaigns


Ontario Supporting Small Businesses with Financial Advice and Training
November 19, 2020

Ontario is providing $2,040,000 to support Ontario’s 47 Small Business Enterprise Centres (SBEC) led by the Business Advisory Centre Durham to create a new Small Business COVID-19 Recovery Network. This network will enhance the capacity of all SBECs across the province to expand their services, supporting businesses across the province.

Link to Full Release: Ontario Supporting Small Businesses with Financial Advice and Training

Financial assistance and benefits for employers in Lockdown and Red-Control regions.

November 22, 2020
It may have gone unnoticed in the announcement of further lockdowns and restrictions in Ontario that there is $600 million in relief available to support eligible businesses required to close or significantly restrict services due to enhanced public health measures.

Eligible businesses can apply online for temporary property tax and energy cost rebate grants from the province. The rebates will cover the length of time that a business is required to temporarily close or significantly restrict services as a result of being located in an area categorized as Red-Control or Lockdown, or previously categorized as modified Stage 2 public health restrictions. 

As a brief summary,  the Property Tax and Energy Bill Rebates are available mainly for businesses and organizations in the retail and consumer services sector.

A detailed list of eligible businesses, as well as instructions for applying, can be found at: 
https://www.ontario.ca/page/businesses-get-help-covid-19-costs

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Information about other provincial financial assistance programs can be found on this page:
https://covid-19.ontario.ca/covid-19-help-businesses-ontario#financial-relief

Support may also be available for a wider range of businesses eligible under one of the federal government’s benefits, such as the Canada Emergency Rent Subsidy (CERS).

The complete range of federal programs, including Credit Availability, can be found on this page:
https://www.canada.ca/en/services/business/maintaining-your-business.html

Ontario Government announcement regarding Toronto, Peel and other Public Health Units.

November 20, 2020

As anticipated, the Government of Ontario today announced that many Public Health Units (PHUs) in the province will be moving to tighter restrictions to address the recent rises in COVID-19 infections.

I have provided the full announcement for you below. The restrictions will come into effect Monday, November 23, 2020 at 12:01 a.m.

News Release

Ontario Taking Further Action to Stop the Spread of COVID-19

Province Also Doubling Financial Support for Businesses Affected by Additional Restrictions

November 20, 2020
Office of the Premier

TORONTO — In consultation with the Chief Medical Officer of Health, local medical officers of health, and other health experts, the province is moving certain public health unit regions to new levels in the Keeping Ontario Safe and Open Framework, which includes moving Toronto and Peel into Lockdown. These necessary measures are being taken to limit community transmission of COVID-19 in order to keep schools open, safeguard health system capacity, and protect the province’s most vulnerable populations.

Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, and Dr. David Williams, Chief Medical Officer of Health.

“With the numbers rising rapidly in certain regions, we have to make the tough, but necessary decisions now to protect our hospitals, long-term care and retirement homes, and every person in this province,” said Premier Ford. “We cannot afford a province-wide lockdown, so we are taking preventative action today by moving Toronto and Peel into Lockdown level restrictions and other regions into higher levels of restrictions. We need to take decisive action to stop the spread of this deadly virus.”

Over the past week, some regions under the Red-Control level have continued to see worsening trends in key indicators, despite having a range of public health measures and restrictions in place since early October. Based on the latest data, the government intends to move Peel Public Health and Toronto Public Health into Lockdown effective Monday, November 23, 2020 at 12:01 a.m. This action is being taken to help stop the spread of COVID-19, while prioritizing the continued opening of schools, child care centres and other key services to the fullest extent possible.

Measures under Lockdown include, but are not limited to:

  • Schools, before and after school programs, and child care will remain open;
  • Post-secondary schools open for virtual learning with some limited exceptions for training that can only be provided in-person, such as clinical training or training related to a trade;
  • No indoor organized public events or social gatherings except with members of the same household. Individuals who live alone, including seniors, may consider having exclusive, close contact with one other person;
  • Outdoor organized public events or social gatherings limited to a maximum of 10 people;
  • Wedding services, funeral services and religious services, rites or ceremonies where physical distancing can be maintained can have up to 10 people indoors or 10 people outdoors;
  • Retail permitted to be open for curbside pick-up or delivery only, with certain exceptions such as for supermarkets, grocery stores, pharmacies, hardware stores, discount and big box retailers selling groceries, beer, wine and liquor stores, safety supply stores, and convenience stores, which will be allowed to operate at 50 per cent capacity;
  • Restaurants, bars, and food and drink establishments will only be able to provide takeout, drive-through and delivery. Indoor and outdoor dining services are prohibited;
  • Personal care services closed;
  • Casinos, bingo halls and other gaming establishments closed; and
  • Indoor sports and recreational facilities, including pools, closed with limited exceptions.
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The Chief Medical Officer of Health and health experts will continue to provide advice to the government using criteria, including:

  • Epidemiological indicators such as the number and rate of COVID-19 cases and test positivity;
  • Health system capacity indicators including hospital and Intensive Care Unit capacity, access to ventilators and ongoing availability of personal protective equipment;
  • Public health sector capacity, including the number of COVID-19 cases and contacts being reached by local public health officials within one day; and
  • Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly.

“As public health indicators continue to worsen in regions across the province, particularly in hotspots like Peel and Toronto, it is clear that more needs to be done to limit community spread of COVID-19,” said Minister Elliott. “As we have seen around the world, lockdowns are a difficult but necessary step to stop the spread, safeguard the key services we rely on and protect our health system capacity. With the recent positive news on the development of a vaccine, there is a real hope that we can defeat this deadly virus, but for now we all must continue to follow public health advice and strictly adhere to the restrictions in place.”

Based on the latest data, the following public health unit regions will move from their current level in the framework to the following levels effective Monday, November 23, 2020 at 12:01 a.m.:

  • Red-Control
    • Durham Region Health Department; and
    • Region of Waterloo Public Health and Emergency Services.
  • Orange-Restrict
    • Huron Perth Public Health;
    • Simcoe Muskoka District Health Unit;
    • Southwestern Public Health; and
    • Windsor-Essex County Health Unit.
  • Yellow-Protect
    • Chatham-Kent Public Health;
    • Eastern Ontario Health Unit;
    • Grey Bruce Health Unit;
    • Kingston, Frontenac and Lennox & Addington Public Health;
    • Peterborough Public Health; and
    • Thunder Bay District Health Unit.

Trends in public health data will continue to be reviewed weekly to determine if public health units should stay where they are or be moved into a higher level. Public health units will stay in their level for a minimum of 28 days, or two COVID-19 incubation periods, at which time, the government will assess the impact of public health measures to determine if the public health unit should stay where they are or be moved to a different level. The Ministry of Health will continue to communicate regularly with local medical officers of health on local context and conditions to help inform the classification of their public health unit region.

For long-term care homes, visitor restrictions apply to those homes in the public health units that are in the Orange-Restrict level or higher. To further protect the health and safety of those in long-term care homes, staff, essential caregivers and support workers who provide direct care to residents in those regions will be tested more frequently for COVID-19, moving from bi-weekly tests to weekly as of November 23, 2020. In addition, support workers who provide direct care and caregivers in those regions will be asked to provide proof of a negative COVID-19 test result in the past week and verbally attest that they have not subsequently tested positive.

For retirement homes, homes in public health regions that are in Red-Control or higher will be in high alert with visitor restrictions as outlined in the Retirement Homes COVID-19 Visitor Policy. Homes will continue to be notified of their alert status by the Retirement Homes Regulatory Authority.

“Advising regions to move into a lockdown is not a decision we take lightly, but it is one that is needed to ensure the safety of the people of Peel and Toronto,” said Dr. Williams. “Now more than ever, it is critical that all Ontarians continue to follow public health advice to help stop the spread of the virus. Everyone has a role to play to protect each other. We are interdependent and nothing can be done without the commitment of each individual, family and community.”

To further support public health regions, the province is making additional enforcement mechanisms available to local medical officers of health who have applied additional measures based on their local conditions and needs. The government is amending Ontario Regulation 950 under the Provincial Offences Act, allowing for a ticket to be issued for any contravention of a COVID-19 specific communicable disease class order issued by a medical officer of health. The government will also ask the Chief Justice of the Ontario Court of Justice to establish a set fine to be attached to any ticket issued for violating a section 22 order relating to COVID-19 made by a local medical officer of health.

“We are asking Ontarians to familiarize themselves with the restrictions in place, follow the rules and public health guidance, and support enforcement officers who are working to help prevent the further spread of COVID-19,” said Solicitor General Sylvia Jones. “Our government will continue to work with law enforcement to ensure they have the tools they need to promote public safety and take the enforcement actions needed to prevent unsafe behaviour.”

Additional Supports Available for Businesses Affected by COVID-19 Public Health Measures

The Ontario government is now providing $600 million in relief to support eligible businesses required to close or significantly restrict services due to enhanced public health measures, doubling its initial commitment of $300 million made in the 2020 Budget, Ontario’s Action Plan: Protect, Support Recover.

Businesses can apply online for temporary property tax and energy cost rebate grants from the province, via an easy-to-use one-window portal. The rebates will cover the length of time that a business is required to temporarily close or significantly restrict services as a result of being located in an area categorized as Red-Control or Lockdown, or previously categorized as modified Stage 2 public health restrictions. Most businesses can expect to receive their rebate payments within a few weeks of submitting a complete application. A detailed list of eligible businesses, as well as instructions for applying, can be found at Ontario.ca/covidsupport.

The federal and provincial governments have been working collaboratively together to deliver benefits and supports to individuals, families and businesses since the onset of COVID-19. Consistent with this, Ontario will work with the federal government to ensure these supports for businesses in COVID-19 hotspots are available in the most straightforward and seamless way possible by integrating these rebates with the federal Canada Emergency Rent Subsidy (CERS) program.

“We will double the funding we have made available to support employers and jobs affected by the necessary public health measures we are taking to protect people during the second wave,” said Minister Phillips. “All of us know a small business owner struggling due to COVID-19. These necessary public health measures we have outlined today will create new challenges ― but as we committed in Ontario’s Action Plan: Protect, Support, Recover, we will continue to be there to protect jobs and support employers.”


Quick Facts

  • If you have questions about what will be open or impacts to your business or employment, call the Stop the Spread Business Information Line at 1-888-444-3659.
  • Find out what level and which regional public measures are in place for your area.
  • Municipalities and local medical officers of health may have additional restrictions or targeted requirements in their region, on top of the public health measures required at their specific level.
  • The Ontario government has developed a $2.8 billion COVID-19 fall preparedness plan, Keeping Ontarians Safe: Preparing for Future Waves of COVID-19, to ensure the province’s health care, long-term care and education systems are prepared for the immediate challenges of the fall, including a second wave of COVID-19 and the flu season.
  • Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
  • To find the right supports, visit COVID-19: Support for People, which has information about the many available and free mental health services and supports.
  • To stay safe you can download the COVID Alert App free from the Apple and Google Play app stores.

Additional Resources


Related Topics

Government

Learn about the government services available to you and how government works. Learn more

Health and Wellness

Get help navigating Ontario’s health care system and connecting with the programs or services you’re looking for. Learn more

FAQs – Employee Work From Home and COVID-19

November 12, 2020

I have had numerous clients contact me with employment law questions related to COVID-19 and the various existing and new legislations that apply to the workplace at this time.

The most common questions I have received are related to employees requesting or or demanding that they be allowed to work from home, or refusing to come to the workplace.

Unfortunately, as the pandemic continues and infections increase, these questions are becoming more relevant to more employers and employees. I have prepared this FAQ reference for you with the information I think will be most helpful for you.

In addition to these questions, I prepared a more broadly based FAQ which I sent to you a few weeks. ago. It can be accessed on this link at the LeNoury Law website: FAQs COVID-19 and Employment Law

Preface: Safety in the Workplace 

I preface this by noting that all employers have an obligation under the Employment Standards Act and the Human Rights Code to provide a safe workplace.

FOR TORONTO EMPLOYERS

On November 10 the Toronto Public Health Unit (PHU) introduced Specific Enhanced Measures in addition to the safety measures required under the provincial government’s new colour-coded Response Framework.

The Specific Enhanced Measures for Workplaces include

  • Require an (internal) compliance officer to ensure implementation of occupational health and safety and infection prevention & control measures.
  • Review HVAC systems to ensure they are in good working order.
  • Promote work from home wherever possible.
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As always, I encourage you to comply with the guidelines of all PHUs, and promote work from home appropriately if you are based in Toronto and it is possible for your company and its operations.

The following FAQs pertain more specifically to employee demands to work somewhere other than the workplace.


Employee Rights and Work From Home

As noted above, the employer is required to maintain a safe workplace. In the absence of a provable issue of safety, an employee does not have the right to work from another location because it is their preference.

Q: Are employees entitled to an accommodation to work from home?

A: Employees are not entitled to a work from home accommodation if they prefer and choose to work from home for reasons such as their children are not in school (i.e. they’ve chosen online learning during COVID-19). 

I would encourage you to have a conversation with the employee about accommodation and the particular employee’s needs, however, there is no duty to accommodate, except under unusual and extreme circumstances.

Q: What if an employee doesn’t feel safe, they want to work from home and are set up to work from home?

A: This may be a viable option for you and your employee, and you may wish to agree with this arrangement, but there is no duty to accommodate, no obligation for an employer to facilitate a work from home arrangement for an employee.

However, if the employee is able to show that they need accommodations related to a protected ground under the Human Rights Code, the employer does have a duty to accommodate up to the point of undue hardship. While the employee is not entitled to choose their accommodation, work from home may be reasonable in some circumstances.

Q: An employer cannot ask for a doctor’s note, but what happens if an employee requests to work from home because of a medical condition?

A: If the employee is requesting an accommodation related to a medical condition, i.e. a disability, this is a protected ground under the Human Rights Code.  

Under this scenario, the employee has an obligation to cooperate in the accommodation process, and to assist the employer in understanding what accommodations may be appropriate in light of the employee’s restrictions and prognosis. An employee would be required to provide medical documentation in support of their accommodation request.

Q: What if an employee is working from home, but would like to work even more remotely – perhaps in a different country – to be with an elderly parent during COVID-19?

A: In general, this would require that there be an explicit caregiving duty in place between the employee and parent(s). An employer is not required to agree to remote work from another country unless the employee is in a parent child relationship with that family member (e.g. an elderly parent) and is providing care that would trigger protection under the Human Rights Code ground of “family status”.

Other options: Infectious Disease Emergency Leave

In all cases where an employee has a work from home request that is based on preference rather than demonstrable necessity, I advise that you discuss the details of the situation and see if an agreement can be reached. If this is not possible, one option for employees may be to go on an Infectious Disease Emergency Leave (“IDEL”). However, the IDEL is an unpaid leave, so an employee on this leave would not continue working or being paid.

There are 6 general cases in which an IDEL may apply:

  • Employee is in quarantine or isolation by a direction issued by doctor, nurse, Telehealth Ontario
  • Employee is caring for a child/family member because of a matter related to COVID-19
  • School or childcare is closed because of COVID-19 or because the employee did not send their child to school or childcare for fear of exposure
  • Caring for a child who is sick with COVID-19 or who stayed home because of COVID-19 protocols at the school or child care (e.g. symptoms)
  • Child had a symptom that did not automatically require the child to stay away from school or child care, but the employee was concerned the symptom may relate to COVID-19 and chose to keep their child home as a precautionary measure
  • The same concepts apply broadly to family members

Q: Outside of IDEL, does the employer have to accommodate an employee’s requests that are based on preference, and not actual need?

A: No, if an employee is not on IDEL (i.e. the unpaid leave), an employer must accommodate an employee’s request for accommodation only if it relates to a protected ground under the Human Rights Code (e.g. family status, disability).

Ontario Budget Summary and Analysis

November 6, 2020

Yesterday the Government of Ontario released “Ontario’s Action Plan: Protect, Support, Recover — the next phase of a comprehensive action plan to respond to the serious health and economic impacts of COVID-19”. 

This 2020 Budget sets out a total of $45 billion in support over three years for health resources, financial programs and tax measures to support individuals, families and job creators impacted by the virus. The intent is to lay the groundwork for a robust long-term economic recovery for the province.

One item I note in particular is that the Employer Health Tax (EHT) exemption will increase from $490,000 to $1M and means about 90% of employers will pay no EHT.

For a perspective on the budget as a whole, I thought you might be interested in this summary and analysis from one of my clients, Sussex Strategies. Their President, Paul Pellegrini, has kindly allowed me to share it with you.

Sussex is an experienced and highly respected government relations firm that offers strategic and consulting services in municipal, provincial and federal affairs. I find their reports informative and insightful, and I hope you will also.

Within this email I have provided the preamble of the Sussex analysis with a link to their full 10 page document.

I have also provided a link to the full 2020 Budget.


Ontario Budget Analysis: What A Difference A Year Makes

Today, Ontario Finance Minister Rod Phillips delivered what is technically his first, and the Ford Government’s second, full Ontario Budget. Our clients and regular readers will know that the Ontario budget is typically delivered in March, in anticipation of the government’s fiscal year which is from April 1st to March 31st.

In normal times, the Minister of Finance would rise in the Legislature in November to deliver a Fall Economic Statement.  While these have come to be known as “mini budgets” they are more correctly a report on government finances after half of the fiscal year has passed.

If you will allow us one Captain Obvious moment, 2020 is anything but a normal year. With this province, this country and most of the world firmly in the grip of COVID-19’s second wave, the budget schedule has been turned upside down this year.

You will recall that in March of this year, Finance Minister Phillips rose to table an economic update, a mini budget, which laid out the Ford government’s initial response to the pandemic.  You’ll recall as well that Ontario essentially shut down in mid-March, and that Phillips’s mini budget was delivered some ten days later.  The title of our analysis of that mini budget, “Extraordinary Times, Extraordinary Measures” is indicative of its contents.

Of note, the March document forecast a deficit for 2020/21 (the current fiscal year) of $20.5 billion. On that day we wrote that until that point, Ontario had 688 residents who had tested positive for COVID and nine deaths. The province had conducted 35,635 COVID tests up to that day. Given how small these numbers look by comparison today, it is truly difficult to believe that this was a little less than eight months ago. As of today, Ontario reports 80,690 cases, has performed over 5.1 million tests, and sadly 3,195 deaths.

Even before today, this budget had been framed by the Ford government as laying out the next phase of Ontario’s Action Plan to combat and recover from COVID-19.

In this way, today’s Budget has been clearly established as a pandemic-focused response and as a further articulation of the government’s plan that was first provided in the March 25 mini-budget (referred to as Ontario’s COVID-19 Action Plan).

Please click the button below to read our full report and analysis.

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COVID-19 Colour Codes, Additional Details on Financial Aid in Ontario

November 4, 2020

The Government of Ontario has announced that the province will have a new colour coding system to indicate levels of COVID-19 infection and associated safety measures for each of the 35 Public Health Units.

Some details have also been provided for $300 million in financial aid to businesses that are required to close or significantly restrict services in areas in connection with the new framework.

I have provided a top line summary of the announcements for you, as well as the full text further below in this email.

Additionally, the Minister of Finance will introduce Ontario’s 2020 Budget on Thursday, November 5, 2020, which will detail the next phase of Ontario’s Action Plan.


COVID-19 Colour Codes

In a system similar to some other province, there will be five code levels indicating the severity of the COVID-19 situation with the actions/restrictions required:

  • Green – Prevent
  • Yellow – Protect
  • Orange – Restrict
  • Red – Control
  • Lockdown: a measure of last and urgent resort
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The new framework will be introduced November 7 and based on data for the week of October 26, 2020. The government will continually assess the impact of public health measures applied to public health unit regions for 28 days, or two COVID-19 incubation periods.

The majority of Ontario Public Health Units (PHUs) – 25 – will be coded Green -Prevent.

These PHUs will be indicated as Yellow – Protect:

  • Brant County Health Unit
  • City of Hamilton Public Health Services
  • Durham Region Health Department
  • Halton Region Public Health.

Orange-Restrict PHUs are those currently in the Modified Stage 2 level:

  • Eastern Ontario Health Unit
  • Ottawa Public Health
  • Peel Public Health;
  • York Region Public Health.

Toronto Public Health may be delayed in entering Orange-Restrict level until November 14, 2020.

The announcement did not include an online source for information on the colour coding of each Public Health Unit, however, you may find this existing government page useful for monitoring the COVID-19 situation in the province. It includes maps and charts of data updated daily since January 15.

https://covid-19.ontario.ca/data


Financial Aid for Businesses

The government also provided details on $300 million for businesses required to close or significantly restrict services in areas subject to modified Stage 2 public health restrictions (Ottawa, Peel, Toronto, and York Region) or, going forward, in areas categorized as ‘Red – Control’ or ‘Lockdown’.

Beginning November 16, 2020, eligible businesses will be able to apply for temporary property tax and energy cost rebates directly to the province through a single, online application portal.

Eligible businesses include restaurants, bars, gyms and cinemas.

More details on the rebates can be found on this page of the Ontario government website:

Ontario’s Property Tax and Energy Cost Rebates program

I hope you find this information useful and that you, your fellow workers, family and loved ones are safe and healthy and continuing to observe and practice the  protocols and guidance provided by our Public Health officials.

News Release

Ontario Releases COVID-19 Framework to Help Keep the Province Safe and Open

Government Provides Additional Details on $300 Million to Support Eligible Businesses

November 3, 2020
Office of the Premier

TORONTO — In consultation with the Chief Medical Officer of Health and other health experts, the Ontario government has developed the Keeping Ontario Safe and Open FrameworkIt ensures that public health measures are targeted, incremental and responsive to help limit the spread of COVID-19, while keeping schools and businesses open, maintaining health system capacity and protecting vulnerable people, including those in long-term care.

Details were provided today by Premier Doug Ford, Christine Elliott, Deputy Premier and Minister of Health, Rod Phillips, Minister of Finance, Peter Bethlenfalvy, President of the Treasury Board, and Dr. David Williams, Chief Medical Officer of Health.

“It’s clear COVID-19 will be with us for a while, which is why we are putting in place a framework that will protect the health and safety of individuals and families, while avoiding broader closures across the province,” said Premier Ford. “This framework, developed in consultation with our health experts, will serve as an early warning system allowing us to scale up and scale back public health restrictions on a regional or community basis in response to surges and waves of COVID-19. By introducing public health measures sooner, we can keep this deadly virus at bay, bend the curve and reclaim a little more of our normal lives.”

The framework takes a gradual approach that includes introducing preventative measures earlier to help avoid broader closures and allow for additional public health and workplace safety measures to be introduced or removed incrementally. It categorizes public health unit regions into five levels: Green-Prevent, Yellow-Protect, Orange-Restrict, Red-Control, and Lockdown being a measure of last and urgent resort. Each level outlines the types of public health and workplace safety measures for businesses and organizations. These include targeted measures for specific sectors, institutions and other settings.

“The health and wellbeing of Ontarians is our number one priority. This framework, informed by public health experts, data and the experiences of other jurisdictions, is focused on introducing less invasive measures earlier to stop the spread of COVID-19,” said Minister Elliott. “We are committed to being transparent with Ontarians, businesses and local communities as we work together to keep Ontarians safe, while keeping our economy open.”

“This framework is critical to ensuring that public health measures are able to help slow the spread of the virus, while also supporting mental health and other social determinants of health,” said Dr. Williams. “The framework operates like a dimmer switch, enabling measures and restrictions to be increased and give individuals and families the information they need to adjust their activities and interactions based on local epidemiological data.”

As the province continues to expand access to real-time data, enhancements are also being made to Ontario.ca/coronavirus Ontario’s one-stop shop for information on COVID-19. Information about the spread of the virus, and public health and health system capacity will now be available on the website. This includes local cases by public health unit regions, the total number of cases, resolved cases, deaths, and tests completed and how many are positive. The province will continue to add data sets as they become available, such as sources of outbreaks as a subset of overall cases. This information will better help businesses, organizations and local communities access key information to prepare in advance for any changes in their region.

“You deserve to have access to the same information that we have, and that’s why our government is enhancing online data and data visualization,” said Minister Bethlenfalvy. “Greater transparency means that the people of Ontario have reliable access to the information they need to protect their health, and for businesses to reopen and operate safely. This is another way we’re using technology and pursuing innovation to put the people at the centre of government and move Ontario onwards.”

To provide the utmost transparency, each public health unit will be classified according to current framework indicators. Proposed classifications based on data for the week of October 26, 2020 can be found below. These will be confirmed by the province on Friday, November 6, 2020 and become effective on Saturday, November 7, 2020 at 12:01 a.m. Final decisions on moving public health unit regions into the framework will be made by the government based on updated data and in consultation with the Chief Medical Officer of Health, local medical officers of health and other health experts, and will be reviewed weekly.

Going forward, the government will continually assess the impact of public health measures applied to public health unit regions for 28 days, or two COVID-19 incubation periods.

Supporting Businesses Affected by COVID-19 Public Health Measures

The Ontario government is making $300 million available to businesses required to close or significantly restrict services in areas subject to modified Stage 2 public health restrictions (Ottawa, Peel, Toronto, and York Region) or, going forward, in areas categorized as Control or Lockdown.

Rebates will cover the period of time that businesses are required to temporarily close or significantly restrict services as a result of being located in areas subject to the targeted modified Stage 2 public health restrictions or, going forward, in areas categorized as Control or Lockdown. The property tax rebates will be net of any federal support in respect of property taxes provided through the new Canada Emergency Rent Subsidy (CERS), so that the rebate will cover costs beyond those covered by CERS.

Beginning November 16, 2020, eligible businesses will be able to apply for temporary property tax and energy cost rebates directly to the province through a single, online application portal. Many businesses should expect to receive their rebate payments within a few weeks of finalizing and submitting their completed application. Eligible businesses include restaurants, bars, gyms and cinemas.

“On Thursday, I’ll introduce Ontario’s 2020 Budget, the next phase of Ontario’s Action Plan,” said Minister Phillips. “It is a plan that will have three pillars. As we announced yesterday, the first is protect. The second pillar is support, because we know COVID-19 has brought severe challenges and economic difficulties to families and employers. Supporting businesses affected by necessary public health restrictions in regions experiencing a greater risk from COVID-19 is one way we are helping employers manage during these difficult times.”

Through Ontario’s Property Tax and Energy Cost Rebates program, the government is building on its collaboration with federal partners to ensure eligible businesses receive the financial help they need as a result of targeted provincial public health restrictions.

Public Health Unit Region Classifications

As of November 7, 2020, the province will transition public health unit regions to the new framework. The following proposed classifications for public health unit regions are based on data for the week of October 26, 2020. Updated data will be used for final review by the Chief Medical Officer of Health and approval by Cabinet on Friday, November 6, 2020.

Lockdown:

  • No public health unit regions

Red-Control:

  • No public health unit regions

Orange-Restrict:

  • Eastern Ontario Health Unit;
  • Ottawa Public Health;
  • Peel Public Health;
  • Toronto Public Health (may be delayed in entering Orange-Restrict level until November 14, 2020); and
  • York Region Public Health.

Yellow-Protect:

  • Brant County Health Unit;
  • City of Hamilton Public Health Services;
  • Durham Region Health Department; and
  • Halton Region Public Health.

Green-Prevent:

  • Algoma Public Health;
  • Chatham-Kent Public Health;
  • Grey Bruce Health Unit;
  • Kingston, Frontenac and Lennox & Addington Public Health;
  • Haliburton, Kawartha, Pine Ridge District Health Unit;
  • Haldimand-Norfolk Health Unit;
  • Hastings Prince Edward Public Health;
  • Huron Perth Public Health;
  • Lambton Public Health;
  • Leeds, Grenville & Lanark District Health Unit;
  • Middlesex-London Health Unit;
  • Niagara Region Public Health;
  • North Bay Parry Sound District;
  • Northwestern Health Unit;
  • Peterborough Public Health;
  • Porcupine Health Unit;
  • Public Health Sudbury & Districts;
  • Region of Waterloo Public Health and Emergency Services;
  • Renfrew County and District Health Unit;
  • Simcoe Muskoka District Health Unit;
  • Southwestern Public Health;
  • Thunder Bay District Health Unit;
  • Timiskaming Health Unit;
  • Wellington-Dufferin-Guelph Public Health; and
  • Windsor-Essex County Health Unit.

Quick Facts

  • The Ontario government has developed a $2.8 billion COVID-19 fall preparedness plan, Keeping Ontarians Safe: Preparing for Future Waves of COVID-19, to ensure the province’s health care, long-term care and education systems are prepared for the immediate challenges of the fall, including a second wave of COVID-19 and the flu season.
  • If you are concerned you were exposed to COVID-19 or have symptoms, take the online COVID-19 self assessment.
  • Get tested if you have symptoms compatible with COVID-19, or if you have been advised of exposure by your local public health unit or through the COVID Alert app. Visit Ontario.ca/covidtest to find the nearest testing location.
  • Types of businesses that are eligible for support include restaurants and bars, bingo halls, gaming establishments, casinos, conference centres and convention centres, gyms, facilities for indoor sports and recreational fitness activities, community centres and multi-purpose facilities, museums, performing arts and cinemas and personal care services (with exception of oxygen bars) that were required to close or are subject to significant restrictions under modified Stage 2.
  • Businesses that are not eligible are those that were already required to close prior to the introduction of modified Stage 2 public health restrictions, those that were not required to close or restrict services due to modified Stage 2 public health restrictions, and those who do not pay property taxes or energy costs.

Additional Resources


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