Monthly Archives: May 2021

Ontario Three Step Reopening Plan

May 20, 2021

Ontario outlines three-step reopening plan

The government of Ontario today outlined a three-step plan to reopen the province in the coming weeks and months.

Each step will be in place for a minimum of 21 days and the results will be assessed before movement to the next stage.

I know that you are probably anxious to find out the details of the plan, so I have included the full text of the News Release below.

As a very top line summary, I note these important points.

Stay at Home order

  • The current provincewide emergency brake restrictions and Stay at Home order will remain in effect until June 2, 2021
  • The government expects to enter Step One of the Roadmap the week of June 14, 2021. 
  • Step One will permit outdoor gatherings of up to 10 people, outdoor dining with up to four people per table and non-essential retail at 15 per cent capacity.
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This weekend

Effective May 22, 2021 at 12:01 a.m. the province will reopen outdoor recreational amenities including but limited to:

  • golf courses and driving ranges
  • soccer and other sports fields
  • tennis and basketball courts, and
  • skate parks.
     
  • No outdoor sports or recreational classes are permitted.
     
  • Outdoor limits for social gatherings and organized public events will be expanded to five people, including with members of different households.
     
  • All other public health and workplace safety measures under the provincewide emergency brake will remain in effect.

Schools
Publicly funded and private elementary and secondary schools in the province will continue to operate under teacher-led remote learning. 

I hope you find this information helpful and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks as we all look forward to the easing of restrictions. Please contact me with any questions you may have or for assistance working through your staffing matters.

NEWS RELEASE

Ontario Releases Three-Step Roadmap to Safely Reopen the Province

Province Safely Reopening Outdoor Recreational Amenities Prior to End of Stay-at-Home Order

May 20, 2021

Office of the Premier

TORONTO — The Ontario government, in consultation with the Chief Medical Officer of Health, has released its Roadmap to Reopen, a three-step plan to safely and cautiously reopen the province and gradually lift public health measures based on the provincewide vaccination rate and improvements in key public health and health care indicators. In response to recent improvements to these indicators, Ontario will allow more outdoor recreational amenities to reopen, with restrictions in place, effective May 22, 2021 at 12:01 a.m.

“As a result of the strict public health measures we introduced to stop the spread of COVID-19 variants, we are seeing a steady improvement in our situation as ICU and hospital numbers begin to stabilize,” said Premier Doug Ford. “While we must remain conscious of the continued threat the virus poses, with millions of Ontarians having received at least their first dose of vaccine we can now begin the process of a slow and cautious re-opening of the province in full consultation with our public health professionals.”

Roadmap to Reopen outlines three steps to easing public health measures, guided by the following principles:

  • Step One An initial focus on resuming outdoor activities with smaller crowds where the risk of transmission is lower, and permitting retail with restrictions. This includes allowing outdoor gatherings of up to 10 people, outdoor dining with up to four people per table and non-essential retail at 15 per cent capacity.
  • Step Two Further expanding outdoor activities and resuming limited indoor services with small numbers of people where face coverings are worn. This includes outdoor gatherings of up to 25 people, outdoor sports and leagues, personal care services where face coverings can be worn and with capacity limits, as well as indoor religious services, rites or ceremony gatherings at 15 per cent capacity.
  • Step Three Expanding access to indoor settings, with restrictions, including where there are larger numbers of people and where face coverings can’t always be worn. This includes indoor sports and recreational fitness; indoor dining, museums, art galleries and libraries, and casinos and bingo halls, with capacity limits.

The province will remain in each step for at least 21 days to evaluate any impacts on key public health and health system indicators. If at the end of the 21 days, the following vaccination thresholds have been met, along with positive trends in other key public health and health system indicators, then the province will move to the next step:

  • Step 1: 60 per cent of adults vaccinated with one dose.
  • Step 2: 70 per cent of adults vaccinated with one dose and 20 per cent vaccinated with two doses.
  • Step 3: 70 to 80 per cent of adults vaccinated with one dose and 25 per cent vaccinated with two doses.

Based on current trends in key health indicators, including the provincial vaccination rate, the government expects to enter Step One of the Roadmap the week of June 14, 2021. The province will confirm closer to the expected start of Step One.

“While we know that now is not yet the moment to reopen, Ontarians deserve to know the path forward on what we will carefully reopen and when, starting with the settings we know are safest,” said Christine Elliott, Deputy Premier and Minister of Health. “Brighter days are ahead and we believe this Roadmap represents a path out of the pandemic and will encourage Ontarians to get vaccinated and to continue following public health advice.”

The provincewide emergency brake restrictions remain in effect while the province assesses when it will be moving to Step One of the roadmap with the Stay at Home order expiring on June 2, 2021. During this time, the government will continue to work with stakeholders on reopening plans to ensure full awareness of when and how they can begin to safely reopen.

Due to the continuing success of Ontario’s vaccine rollout and the collective efforts of Ontarians in following public health and workplace safety measures to date, effective May 22, 2021 at 12:01 a.m. the province will reopen outdoor recreational amenities with restrictions in place, such as the need to maintain physical distancing. These amenities include but are not limited to golf courses and driving ranges, soccer and other sports fields, tennis and basketball courts, and skate parks. No outdoor sports or recreational classes are permitted. Outdoor limits for social gatherings and organized public events will be expanded to five people, which will allow these amenities to be used for up to five people, including with members of different households. All other public health and workplace safety measures under the provincewide emergency brake will remain in effect.

At this time, publicly funded and private elementary and secondary schools in the province will continue to operate under teacher-led remote learning. Data will be assessed on an ongoing basis and medical experts, including the Chief Medical Officer of Health, and other health officials will be consulted to determine if it may be safe to resume in-person learning.

“Due to the stringent efforts of Ontarians following public health and workplace safety measures, we have reached the point where we can begin preparing to exit the provincewide emergency brake and lift the Stay-at-Home order,” said Dr. David Williams, Chief Medical Officer of Health. “We must remain vigilant however, as the fight against COVID-19 is not over and our case counts, ICU capacity and hospitalizations are still concerning. It remains critical that all Ontarians continue to follow all public health and workplace safety measures currently in place to help further reduce transmission and save lives.”

The government will continue to work with the Public Health Measures Table, Public Health Ontario, and other public health and scientific experts to determine public health guidance for Ontarians to follow, including protocols for masking and outdoor/indoor gatherings, after being fully vaccinated.

Quick Facts

  • Based on the latest modelling data COVID-19 case, positivity and hospitalization rates are decreasing, and control of the pandemic is improving. Maintaining the current rate of vaccination and public health and workplace safety measures will help to ensure Ontario starts to safely and gradually reopen.
  • Ontario has administered first doses of the COVID-19 vaccines to over 58.5 per cent of Ontarians aged 18 and over. Over two million doses of the COVID-19 vaccine have been administered in Ontario since the start of May, and the province remains on track to have administered first doses to 65 per cent of Ontarians aged 18 and over by the end of May.
  • The government has extended the provincewide Stay-at-Home Order until June 2, 2021, and has maintained all public health and workplace safety measures under the provincewide emergency brake to help to stop the rapid transmission of COVID-19 variants in communities, protect hospital capacity and save lives.
  • The Stay-at-Home order currently in effect requires everyone to remain at home except for specified purposes, such as going to the grocery store or pharmacy, accessing health care services (including getting vaccinated), for outdoor exercise, or for work that cannot be done remotely.
  • If passed by the Legislature, powers under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) will be extended to December 1, 2020 to ensure public health measures currently in place can be extended and adjusted as necessary, to deal with the impacts of COVID-19 and support a gradual re-opening of the province. There are currently 29 orders in effect under the ROA. Orders can be extended for up to 30 days at a time under the ROA, and the government must report on all order extensions to the Select Committee on Emergency Management Oversight.
  • As of 8:00 a.m. on Tuesday, May 18, 2021, individuals aged 18 and over in 2021 across Ontario are eligible to book a COVID-19 vaccine appointment through the provincial booking system and call centre, or directly through public health units that use their own booking system.

Additional Resources

Ontario workplace inspections continuing to May 28

May 19, 2021

Ontario workplace inspections continuing to May 28

While the number of COVID-19 cases in Ontario continues to decrease and there is a growing optimism that the province will soon ease lockdown measures, it is important to know that workplace inspections are continuing.

Yesterday (May 18) Monte McNaughton, Minister of Labour, Training and Skills Development, announced that:

Approximately 100 provincial offences officers are expected to visit about 1,500 workplaces in Toronto, Hamilton and regions of Durham, Halton, Peel and York between May 10 and May 28.

The full News Release is below.

I hope you find this information helpful and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks as we all look forward to the easing of restrictions.Please contact me with any questions you may have or for assistance working through your staffing matters.

NEWS RELEASE

Ontario Carrying Out More Inspections at Workplaces in Hot-Spot Regions

1,500 safety visits throughout May to help maintain decline of COVID-19 cases

May 18, 2021

Labour, Training and Skills Development

TORONTO – With more contagious variants of COVID-19 continuing to enter the country, the Ontario government is further supporting businesses and workers by expanding inspections of manufacturing and food processing workplaces, warehouses and distribution centres. Approximately 100 provincial offences officers are expected to visit about 1,500 workplaces in Toronto, Hamilton and regions of Durham, Halton, Peel and York between May 10 and May 28 to uphold the encouraging results previous inspections have delivered.

Details were provided today by Monte McNaughton, Minister of Labour, Training and Skills Development.

“While case counts continue to drop, we can’t take anything for granted when it comes to protecting everyday workers with more contagious variants of COVID-19 entering our country every day,” said Minister McNaughton. “We’ve inspected these workplaces regularly throughout the pandemic, but it is important business owners and supervisors continue following health and safety best practices that have helped us get this far. As our government moves forward and continues to respond to the rapidly evolving pandemic, these inspections are a critical tool as we support businesses and employees through this time.”

Officers made 718 visits to workplaces during the first week of the campaign, inspecting for COVID-19 workplace safety requirements under the Reopening Ontario Act. Officers are checking that employers screen employees and visitors, ensure workers maintain physical distance and be masked, where needed, and that businesses have safety plans, among other measures. They are also offering information on workplace rapid antigen screening, supports available for businesses, as well as job-protected Infectious Disease Emergency Leave and paid sick days through the Ontario COVID-19 Worker Income Protection Benefit.

Only 15 per cent of businesses inspected last week were flagged for follow-up visits and nine tickets were issued, demonstrating that most businesses are following the rules and that workers are being kept safe. Since the beginning of the pandemic, provincial offences officers and occupational health and safety inspectors have done more than 75,000 COVID-19-related inspections and investigations. They have issued over 630 tickets and stopped unsafe work related to COVID-19 93 times during that period.

Quick Facts

  • Collectively, the six public health units of Toronto, Hamilton, and the regions of Durham, Halton, Peel and York, account for 75 per cent of all COVID-19 cases in Ontario.
  • Manufacturing and food processing workplaces, warehouses and distribution sectors make up 50 per cent of COVID-19 cases reported in Ontario workplaces.
  • The Ministry’s analysis of follow-up inspections to small businesses found a 70 per cent improvement in health and safety compliance when comparing the first inspection to the second.
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Additional Resources

Vaccinations open for all Ontarians 18+

May 17, 2021

All Ontarians 18+ can now book vaccination appointments

This is good news about vaccinations announced by the government today that I thought you would be interested in and perhaps would like to share as appropriate:

  • As of 8:00 a.m. on Tuesday, May 18, 2021, individuals aged 18 and over in 2021 across Ontario will be eligible to book a COVID-19 vaccine appointment through the provincial booking system and call centre, or directly through public health units that use their own booking system. 
     
  • Individuals who are 17 years old and are turning 18 in 2021 will also be eligible to book their COVID-19 vaccination appointment only for the Pfizer COVID-19 vaccine. 
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Link to Ontario’s vaccine booking system to find out how to schedule an appointment.

Provincial Vaccine Booking Line number: 1-833-943-3900.

For general inquiries, individuals can call the Provincial Vaccine Information Line:  1-888-999-6488.TTY service is also available by calling 1-866-797-0007

The full News Release is below.

I hope you find this information helpful and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks as the number of vaccinations increases and cases of COVID continue to decline.Please contact me with any questions you may have or for assistance working through your staffing matters.

NEWS RELEASE

COVID-19 Vaccine Booking Expanding to Ontarians 18+ Ahead of Schedule

Province Invites All Adults to Schedule Their First Dose Appointment

May 17, 2021

Health

TORONTO — As the pace of Ontario’s COVID-19 vaccine rollout continues to accelerate with 2.2 million doses scheduled to arrive this week, the government is extending booking eligibility at mass immunization clinics to individuals aged 18 and over. This high number of doses is due to an early delivery of the week of May 24 shipment, to accommodate the long weekend, and is an opportunity for the province to offer an appointment to receive the vaccine to more Ontarians ahead of schedule.

As of 8:00 a.m. on Tuesday, May 18, 2021, individuals aged 18 and over in 2021 across Ontario will be eligible to book a COVID-19 vaccine appointment through the provincial booking system and call centre, or directly through public health units that use their own booking system. On May 3, 2021, the government expanded booking eligibility to those 18 and over in 2021 and who live in one of the 114 hot spot communities.

Individuals who are 17 years old and are turning 18 in 2021 will also be eligible to book their COVID-19 vaccination appointment only for the Pfizer COVID-19 vaccine. The Pfizer vaccine is currently the only COVID-19 vaccine that has been authorized by Health Canada for use in youth aged 12 and over. The provincial booking system will note which clinics are not offering vaccines for those who are 17 years old.

Ontario is experiencing very positive trends in vaccine demand. The province and public health units will continue to make appointments available as vaccine supply is confirmed.

In addition, the province continues to work with public health units, First Nations, Inuit and Métis communities and boards of education to ensure youth in Ontario between 12 and 17 years of age will be eligible to book an appointment through the provincial booking system beginning the week of May 31, 2021, to receive their first dose of the Pfizer vaccine. We are also working to encourage eligible family members who have not received a vaccine to attend these clinics to get youth and their families vaccinated as quickly as possible. As of Tuesday, May 18, 2021, public health units may choose to provide vaccines to those aged 12 and over in pop-up and mobile clinics, as well as for walk-in appointments where the Pfizer vaccine is offered. This will include First Nations, Inuit and Métis clinics that offer the Pfizer vaccine. There will also be dedicated clinic times for youth during the weeks of June 14 and 21, 2021.

The province achieved a significant milestone on May 12, 2021, having administered a first dose of a COVID-19 vaccine to over half of all Ontarians aged 18 and over, and is on track to reach 65 per cent of adults by the end of the month. As of May 15, 2021, over seven million doses have been administered provincewide.

Across the province, the government is continuing to expand access to the vaccine through a variety of channels. On May 14, 2021, over 500 additional pharmacies in all 13 hot spot public health regions began administering the Pfizer or Moderna vaccine.

Quick Facts

  • As of May 16, 2021, at 8:00 p.m., over 7.2 million vaccine doses have been administered across the province, with over 93 per cent of Ontario residents aged 80 and over and more than 92 per cent of residents aged 75 to 79 having received at least one dose. More than 55 per cent of the population aged 18 and over have received at least one dose and more than 432,000 Ontarians are fully immunized, including 96 per cent of long-term care residents.
  • In May, Ontario expects to receive approximately 4.3 million doses of COVID-19 vaccines. Approximately 4.7 million doses of the Pfizer vaccine are expected in June. Vaccine allocations for July have not been provided at this time.
  • Eligible groups can use Ontario’s vaccine booking system to find out how to schedule an appointment, or can call the Provincial Vaccine Booking Line number at 1-833-943-3900. For general inquiries, individuals can call the Provincial Vaccine Information Line number at 1-888-999-6488 or TTY service is also available by calling 1-866-797-0007
  • Ontarians who are now eligible to book their vaccine appointment are asked to be patient, as it could take time to receive their vaccine appointment. Public health units are responsible for managing and overseeing the distribution and administration of vaccines for their entire region, and public health units may have different vaccine administration rates based on local context.
  • Find out if you live in a hot spot community by visiting Ontario’s website for a list of designated postal codes.
  • Visit ontario.ca/pharmacycovidvaccine to find a pharmacy offering a COVID-19 vaccine and to book an appointment.
  • As of May 11, 2021, following the advice of Ontario’s Chief Medical Officer of Health Dr. David Williams, the province paused the rollout and administration of first doses of the AstraZeneca vaccine. The decision was made out of an abundance of caution due to an observed increase in an adverse reaction, known as vaccine-induced immune thrombotic thrombocytopenia (VITT), linked to the AstraZeneca vaccine. Second dose planning is currently underway and guidance will be provided in advance of individuals who received a first dose of the AstraZeneca vaccine needing to receive their second dose.
  • The National Advisory Committee on Immunization (NACI) provided strong recommendation for extending the vaccination dose interval up to four months for all Health Canada approved two-dose COVID-19 vaccines while maintaining a strong and sustained level of protection from the virus. Ontario accepted and has followed NACI’s recommendation as of March 10, 2021, with some limited exceptions.

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

Ontario Stay-at-Home Order extended

May 13, 2021

Ontario stay at home order extended

As had been widely anticipated, the Ontario government today announced that the provincewide stay-at-home order will be extended “until at least June 2, 2021”.

It was also announced that the government will prepare to administer the Pfizer vaccine to youth between the ages of 12 and 17.

“Beginning the week of May 31, youth in Ontario between 12 and 17 years of age and their family members who have not received a vaccine will be eligible to book an appointment to receive their first dose of the Pfizer vaccine, including at special dedicated youth and family clinics throughout the weeks of June 14 and 21.”

An update was provided on the current situation:

“This past week (May 2 to 8), the provincial cases rate decreased by 14.8 per cent, with the positivity rate also decreasing to 7.7 per cent compared to 8.6 per cent the previous week. From May 5 to 12, the number of patients with COVID-related critical illness in intensive care has decreased from 877 to 776.“

The full News Release is below.

I hope you find this information helpful and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks as the number of vaccinations increases and cases of COVID continue to decline.Please contact me with any questions you may have or for assistance working through your staffing matters.

NEWS RELEASE

Ontario Extending Stay-at-Home Order Until June 2

Province Outlines Plans to Make Pfizer Vaccine Available to Youth Aged 12 to 17

May 13, 2021

Office of the Premier

TORONTO — With the new, more contagious variants continuing to pose significant risks, the Ontario government, in consultation with the Chief Medical Officer of Health, has extended the Stay-at-Home Order (O. Reg. 265/21) until at least June 2, 2021. All public health and workplace safety measures under the provincewide emergency brake will also remain in effect. During this time, the government will prepare to administer the Pfizer vaccine to youth between the ages of 12 and 17, beginning the week May 31, 2021, as the province also finalizes plans to gradually and safely re-open the province.

“While we are seeing positive trends as a result of the public health measures put in place, we cannot afford to let up yet,” said Premier Ford. “We must stay vigilant to ensure our ICU numbers stay down and our hospital capacity is protected. If we stay the course for the next two weeks, and continue vaccinating record number of Ontarians every day, we can begin looking forward to July and August and having the summer that everyone deserves.”

Thanks to the collective efforts of Ontarians in following public health and workplace safety measures, the province continues to make considerable progress in the fight to control the third wave of COVID-19. This past week (May 2 to 8), the provincial cases rate decreased by 14.8 per cent, with the positivity rate also decreasing to 7.7 per cent compared to 8.6 per cent the previous week. From May 5 to 12, the number of patients with COVID-related critical illness in intensive care has decreased from 877 to 776.

Despite improvements, key indicators remain high and more time is required before the province can safely lift the Stay-at-Home Order. From May 3 to 9, the provincial cases rate remained very high at 134.9 cases per 100,000 people, and per cent positivity was above the high alert threshold of 2.5 per cent. Hospitalization and ICU admissions also remain too high and well above the peak of wave two.

Based on this data, the government has extended the provincewide Stay-at-Home Order that is set to expire on May 19 until at least June 2, 2021. The impacts of these measures will continue to be evaluated over the coming weeks, with consideration being made to the reopening of outdoor recreational amenities on June 2, subject to current trends continuing.

“While the latest data shows that public health measures are having an impact, the situation in our hospitals remains precarious and variants continue to pose a significant risk,” said Christine Elliott, Deputy Premier and Minister of Health. “Experience from other jurisdictions shows that driving transmission to very low levels is needed in order to end the third wave. We must stay the course as we continue to quickly vaccinate more Ontarians, including our children and youth.”

In addition, all publicly funded and private elementary and secondary schools in the province will continue to operate under teacher-led remote learning. Data is to be assessed on an ongoing basis and medical experts, including the Chief Medical Officer of Health, and other health officials will be consulted to determine if it may be safe to resume in-person learning.

Beginning the week of May 31, youth in Ontario between 12 and 17 years of age and their family members who have not received a vaccine will be eligible to book an appointment to receive their first dose of the Pfizer vaccine, including at special dedicated youth and family clinics throughout the weeks of June 14 and 21.

“Expanding vaccines to youth 12 and up will bring us one step closer to normalcy for our students,” said Stephen Lecce, Minister of Education. “We are focused on delivering a safe, stable, and well-resourced learning experience with an additional $1.6-billion in resources to protect students and school communities in the 2021-22 school year.”

The province will work with public health units to offer both doses of vaccine to youth aged 12 to 17 by the end of August, in collaboration with school boards and other partners. The rollout will be informed by the work of the Children’s COVID-19 Vaccine Table and will provide access to multiple channels to support vaccinating this group, including mass vaccination clinics, community or school pop-ups, and pharmacies.

“The spread of COVID-19 continues to pose a significant threat to our health care system and the well-being of Ontarians,” said Solicitor General Sylvia Jones. “While we have made great strides, extending the Stay-at-Home order is essential to protect our communities, reduce the spread of the virus and save lives.”

“Despite the progress we have made in recent weeks in our fight against this virus, we all must remain vigilant, as we are not yet at the point where we can safely exit the Stay-at-Home Order, as our health system remains under significant strain,” said Dr. David Williams, Chief Medical Officer of Health. “By continuing to strictly follow all measures, we can further reduce transmission of the virus, safeguard hospital and public health capacity, and save lives.”

Quick Facts

  • Ontario has administered first doses of the COVID-19 vaccines to over 50 per cent of Ontarians aged 18 and over. Over one million doses of the COVID-19 vaccine have been administered in Ontario since the start of May, and the province remains on track to have administered first doses to 65 per cent of Ontarians aged 18 and over by the end of May.
  • On May 5, 2021, Health Canada authorized the use of the Pfizer COVID-19 vaccine in children 12 to 15 years of age, marking the first COVID-19 vaccine authorized in Canada for use in this age group.
  • The Stay-at-Home order currently in effect requires everyone to remain at home except for specified purposes, such as going to the grocery store or pharmacy, accessing health care services (including getting vaccinated), for outdoor exercise, or for work that cannot be done remotely.
  • On April 3, 2021, the government implemented a provincewide emergency brake, putting in place time-limited public health and workplace safety measures to help to stop the rapid transmission of COVID-19 variants in communities, protect hospital capacity and save lives.
  • Emergency orders currently in force under the Emergency Management and Civil Protection Act have been extended until June 2, 2021, as the province continues to deal with the impacts of COVID-19. Orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, with the exception of O.Reg 129/20 (Signatures in Wills and Powers of Attorney), have been extended until June 19, 2021.
  • Under the ROA, orders can be extended for up to 30 days at a time, and the government must report on all order extensions to the Select Committee on Emergency Management Oversight.
  • The ROA requires the Premier to table a report on any amendments or extensions of any orders within 120 days after the first anniversary of the ROA coming into force.
  • Last week, the Ontario government announced it is providing more than $2 billion in new supports to advance and protect public education for the 2021-22 school year. The support includes more than $1.6 billion in resources to respond to COVID-19, with an $85.5 million commitment to support learning recovery and renewal in response to the ongoing pandemic in the 2020-21 and 2021-22 school years.
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Additional Resources

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Education and Training

Learn about Ontario’s early years, education and training systems. Includes information on child care, elementary schools, secondary schools, colleges, universities, skills training and financial aid. Learn more

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

Constructive Dismissal due to IDEL layoff

May 12, 2021

Employees can claim constructive dismissal due to IDEL layoff

When the government of Ontario amended some elements of the Ontario Employment Standards Act, 2000 (ESA) at the outset of the COVID-19 pandemic, many of us engaged in employment and labour law were interested to see how certain aspects would be interpreted by our courts.

The first amendment, on March 19, 2020, included an infectious disease emergency leave (IDEL) that granted a statutory leave to employees who were exposed to COVID-19 and needed to quarantine. The IDEL was retroactive to January 25, 2020 and on May 29, 2020, the government extended the application of the IDEL and had it apply to all employees who had been laid off due to COVID-19.

Many questioned what effect, if any, this and pandemic related temporary layoffs would have on common law constructive dismissal claims and on April 21, 2021, the Ontario Superior Court of Justice addressed the issue in its decision on Coutinho v. Ocular Health Centre Ltd. (Coutinho v. Ocular).

I would stress at this point that the decision addresses only the  aspects of constructive dismissal brought up in this particular claim and while it establishes preliminary legal guidelines, other cases coming before the courts will more fully establish a common law framework going forward. I will keep you informed as these decisions unfold.

Summary
The Ontario Superior Court of Justice found that where an employer places an employee on a temporary leave under the IDEL regulation, the leave could nonetheless constitute at common law the termination of employment referred to as a “constructive dismissal”, and does not restrict the employee’s right to pursue a common law action for constructive dismissal against his or her employer.

Background
On March 19, 2020, the Ontario Employment Standards Act, 2000 (ESA) was amended to include the IDEL, retroactive to January 25, 2020.  Amongst other things, the IDEL granted a statutory leave to employees who were exposed to COVID-19 and needed to quarantine.

On May 29, 2020, the Ontario government extended the application of the IDEL and had it apply to all employees who had been laid off due to COVID-19. (For the purpose of the ESA, the May 2020 amendment remains in place and deemed leaves are set to expire on July 3, 2021.)

Employees laid off due to COVID-19 were deemed to be on IDEL and, therefore, the automatic termination of employment provisions under the ESA that would have applied at the end of the layoff were suspended. 

It is clear that the May 29, 2020 amendments relieve an employer against the layoff provisions under the ESA, however the question as to common law rights was not specifically addressed. 

A layoff at common law generally constitutes the termination of employment/constructive dismissal and the question before the Court in Coutinho v. Ocular was whether the amendments creating the IDEL limit an employee’s common law right to treat a layoff as a constructive dismissal.

Outline of the case
On May 29, 2020, Ms. Coutinho was temporarily laid off from her position as an office manager at Ocular Health Centre Ltd (Ocular). On June 1, 2020, she commenced an action against her employer for constructive dismissal, seeking her common law and statutory entitlements. 

Ocular submitted a motion for summary judgment, taking the position that the reduction or elimination of Ms. Coutinho’s hours did not constitute a constructive dismissal pursuant to the IDEL and that she did not have a cause of action.

Decision
The Court dismissed the employer’s motion for summary judgment and found that where an employer places an employee on a temporary leave under the IDEL regulation, the leave could nonetheless constitute a constructive dismissal at common law, and does not restrict the employee’s right to pursue a common law action for constructive dismissal against his or her employer.

The court held, in essence, that the amendments to the ESA deal with rights under the ESA and that if the Ontario government also wanted to impact common law rights, it would have done so expressly. Since it did not, Ms. Coutinho’s common law rights were preserved.

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In closing on the issue of constructive dismissal and the inapplicability of the IDEL regulation at common law, the Court reiterated that, absent an agreement to the contrary, an employer has no right to lay off an employee at common law.

Immediate and future implications
While this case does establish that an employee can make a claim of constructive dismissal, the interpretation appears to focus narrowly on the issue of whether the IDEL regulation itself prevented a claim at common law. Based on the written reasons it does not appear that arguments were considered for adapting the common law test for constructive dismissal in light of the novel circumstances of the pandemic.

As other cases come before the courts, perhaps in part because of this judgment, I expect many defences to be raised that will establish the precedents for succeeding cases.

In my view, one of the most notable aspects of this case is that no defence was submitted by the employer under the doctrine of ‘frustration’.

Under the doctrine of frustration a court may fully excuse both parties from their obligations under an employment contract where performance of that contract becomes legally or physically impossible. The contract is said to be “frustrated” without fault of either party. 

Many employers were required by the government itself to shut down because of emergency and public health orders. Their employment contracts therefore became impossible to perform because of those orders and because of the COVID-19 pandemic. 

It remains to be seen whether the courts will deem this to be frustration, and I anticipate that this defence will be put forward by one or more employers.

Another defence could be an establishment of condonation. 

In Coutinho v. Ocular, the employee commenced the legal action mere days after receiving the notice of layoff. However, in cases where an employee is notified of a reduction or elimination of hours by the employer and allows an unreasonable amount of time to pass before objecting, or asserting their common law rights, the employee is considered to have condoned the action – to have waived the alleged wrongdoing that is in question.

It is unclear at this moment whether an employer, in the context of the pandemic, could use the defence that an unreasonable amount of time has passed when an employee was laid off many months ago, perhaps even longer than a year in some cases.

A similar defence holds that a condonation is implied where an employer has established a practice of laying off and recalling employees who do not object or assert their common law rights. 

Employers in various industries, including restaurants and retail, have been forced – either by government order or business circumstances –  to layoff and recall employees as the situation has evolved over the past 14 months. These employers may have established a practice even over the course of the pandemic.

There may be other defences put forward by employers as more cases are brought before the courts. 

Many have described the times of the pandemic as being ‘unprecedented’ and that is certainly true in the case of employment and labour law. I will keep you informed as new decisions and interpretations are issued.

Please contact me with any questions you may have on this decision or for assistance working through any staffing matters.

Ontario Sick Leave Legislation

May 6, 2021

Details of Ontario sick leave legislation

The government of Ontario has released further details about Bill 284, which received Royal Assent on April 29, 2021 and amends Section 50.1 of the Employment Standards Act, 2000 (“ESA”).

I have summarized the information below. Further details can be found on this page of the Ontario government website: https://www.ontario.ca/page/covid-19-worker-income-protection-benefit 

Paid leave requirements
Employers are now required to provide eligible employees paid infectious disease emergency leave, up to $200 of pay for up to three days, if employees are missing work under certain conditions. 

Reimbursement
Reimbursement will be available to eligible employers for up to $200 per employee per day taken. 

Applications for reimbursement will be made to the Workplace Safety and Insurance Board (WSIB). The specifics of the application process have not been released yet, I will keep you up to date as they become available.

Conditions for employee eligibility
Employees are eligible for paid infectious disease emergency leave under these conditions:

  • employee having been advised to self-isolate due to COVID-19 by an employer, medical practitioner or other specified authority
  • employee providing care or support to certain relatives for COVID-19 related reasons, such as when they are:
    • sick with COVID-19 or have symptoms of COVID-19
    • self-isolating due to COVID-19
 on the advice of a medical practitioner or other specified authority
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NOTE: Conditions related to testing and vaccination:
Employees are eligible for paid infectious disease emergency leave to allow

  • time for the employee to receive COVID-10 testing and results
  • time for receiving COVID-19 vaccinations and/or experiencing a side effect from a COVID-19 vaccination.

Employers cannot require an employee to produce a medical note as evidence.

Employee eligibility
Eligible employees include:

  • those covered by the ESA (independent contractors or federally regulated employees are excluded); and
  • employees who do not already receive paid sick time through their employer.

If an employee is entitled to take paid leave under an employment contract for any of the circumstances covered by the COVID-19 paid leave, the employee’s entitlement to three paid days under the ESA is reduced by the employee’s entitlement under the employment contract.

If an employee is entitled to both paid and unpaid leave due to COVID-19, the employee can elect to take one or more days or parts of a day of leave as unpaid leave
NOTE: The employee must advise the employer of this in writing before the end of the pay period in which the leave occurs.

These paid leave days are not required to be taken consecutively and if an employee takes any part of a day as paid leave, the employer may deem the employee to have taken one paid day of leave on that day.

An employee must be paid the amount they are entitled to under the COVID-19 paid leave no later than the pay day for the relevant pay period in which the employee elected to take the leave.

Timing
This program is retroactive to April 19, 2021, and effective until September 25, 2021. If, between April 19, 2021 and April 29, 2021, an employee has taken unpaid leave and would be entitled to the three paid days of COVID-19 leave, the employee may elect to be paid for that leave  
NOTE: The employee must advise the employer in writing of their election before May 13, 2021.

Please note that the right to take time off work under the ESA is not the same as the right to the payment of employment insurance benefits or federal government supports such as the  Canada Recovery Sickness Benefit (CRSB). An employee may be entitled to a leave under the ESA whether or not they have applied for or qualified for federal benefits or supports.

I hope you find this information helpful and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks.Please contact me with any questions you may have or for assistance working through your staffing matters.