Monthly Archives: October 2021

New Ontario bill amends many workplace and employment regulations

October 26, 202

The government of Ontario yesterday introduced Bill 27 2021, An Act to amend various statutes with respect to employment and labour and other matters. 

The full Bill can be accessed here:
https://www.ola.org/sites/default/files/node-files/bill/document/pdf/2021/2021-10/b027_e.pdf

The government has titled the Bill 27 the ‘Working for Workers Act’. It will amend a variety of other acts: 

  • Employment Standards Act, 2000

  • Occupational Health and Safety Act 
  • Workplace Safety and Insurance Act, 1997
  • Ministry of Agriculture, Food and Rural Affairs Act
  • Fair Access to Regulated Professions and Compulsory Trades Act, 2006
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If passed, it will make wide ranging and significant changes to Ontario workplaces and the Ontario working and employment environment, including:

  • Banning the use of non-compete agreements in employment contracts
  • Requiring employers with 25 or more employees to have a written policy about employees disconnecting email and other work-related communications after working hours
  • Requiring business owners to allow delivery workers to use a company’s washroom if they are delivering or picking up items.    
  • Helping remove barriers for internationally trained individuals to get licenced in a regulated profession
  • Enabling the Workplace Safety and Insurance Board (WSIB) to work with entities like the Canada Revenue Agency (CRA) to streamline remittances for businesses
  • Allowing surpluses over certain levels in the WSIB’s Insurance Fund to be distributed to businesses
  • Allowing the Ministry of Agriculture, Food and Rural Affairs to collect information related to the agri-food workforce to ensure the government can enhance coordination of services such as vaccination and testing
  • Requiring recruiters and temporary help agencies to have a licence to operate in the province

It is anticipated that the majority government will pass the bill and these regulations will come into effect in the near future.

Click here »» to read the full News Release

I hope you find this information helpful. Please contact me with any questions you may have or for assistance working through your employment and labour law matters.

Guidance for employee ROE when vaccination refusal is a factor

October 22, 2021

With the introduction of COVID-19 vaccines and vaccine policies over the past few months, a number of clients have inquired about how to fill out an employee’s Record of Employment when refusal to comply with vaccine mandates is the reason for suspension or termination.

Employment and Social Development Canada recently issued guidance on this matter:

Block 16 should indicate the reason for the employee’s leave or separation from employment, or the reason why the ROE is being issued. Don’t add comments unless absolutely necessary.

When the employee is no longer working because the business has decreased operations or closed due to COVID-19, use code A (shortage of work).

When the employee is sick or quarantined, use code D (illness or injury).

COVID-19 vaccination
When the employee doesn’t report to work because they refuse to comply with your mandatory COVID-19 vaccination policy, use code E (quit) or code N (leave of absence).

When you suspend or terminate an employee for not complying with your mandatory COVID-19 vaccination policy, use code M (dismissal).

If you use these codes, we may contact you to determine:

  • if you had adopted and clearly communicated to all employees a mandatory COVID-19 vaccination policy
  • if the employees were informed that failure to comply with the policy would result in loss of employment
  • if the application of the policy to the employee was reasonable within the workplace context
  • if there were any exemptions for refusing to comply with the policy
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The bulletin and other information can be found on this government web page: 
https://www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-roe.html

It is my opinion, shared by many others in the employment law community, that there is a strong possibility the claimant will be denied Employment Insurance when terminated for declining to be vaccinated.

I hope you find this information helpful. Please contact me with any questions you may have or for assistance working through your employment and labour law matters.

Ontario and Canada announce reopening policies and programs for coming months

October 22, 2021

The government of Ontario and government of Canada made important announcements in the past two days.

Today Premier Ford outlined timetables for the further reopening of the province. Most capacity limits will be lifted Monday, with guidelines and schedules set out for complete lifting of all COVID-19 restrictions by March 28, 2022.

Yesterday Deputy Prime Minister and Finance Minister Freeland outlined targeted COVID-19 financial supports for workers and businesses that will follow the Oct. 23 expiry for most sectors of the Canada Emergency Wage Subsidy (CEWS) and the Canada Emergency Rent Subsidy (CERS).

In conjunction with Minister Freeland’s announcement, Prime Minister Trudeau provided details of a new Canadian proof of vaccination document for domestic and international travel.

I have provided top line summaries of the most immediate and important policies and programs as well as the full text of the three official announcements.

ONTARIO:
The most immediate changes, coming into effect on Monday, October 25, 12:01 AM, are the lifting of capacity limits in the vast majority of settings where proof of vaccination are required, including:

  • restaurants, bars and other food or drink establishments; 
  • indoor areas of sports and recreational facilities such as gyms and where personal physical fitness trainers provide instruction; 
  • casinos, bingo halls and other gaming establishments; and 
  • indoor meeting and event spaces. 
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Limits will also be lifted in certain outdoor settings.

The government will also allow other settings to lift capacity limits and physical distancing requirements if they choose to require proof of vaccination, including:

  • Personal care services (e.g., barber shops, salons, body art);
  • Indoor areas of museums, galleries, aquariums, zoos, science centres, landmarks, historic sites, botanical gardens and similar attractions;
  • Indoor areas of amusement parks;
  • Indoor areas of fairs, rural exhibitions, festivals;
  • Indoor tour and guide services;
  • Boat tours;
  • Indoor areas of marinas and boating clubs;
  • Indoor clubhouses at outdoor recreational amenities;
  • Open house events provided by real estate agencies; and
  • Indoor areas of photography studios and services.

Locations where a wedding, funeral or religious service, rite or ceremony takes place may also implement proof of vaccination requirements for services, rites, or ceremonies at the location.

This will not apply to settings where people receive medical care, food from grocery stores and medical supplies. In addition, the government intends to allow for greater capacity at organized public events such as Remembrance Day ceremonies and Santa Claus parades with more details coming in the near future.

Depending on key indicators the government has set out, other restrictions will be lifted in successive stages on November 15, 2021, January 17, 2022, and February 7, 2022 with the goal of lifting all public health and workplace safety measures, including wearing face coverings in indoor public settings, by March 28, 2022. 

Click here »» to read the full News Release

CANADA

Proof of vaccination documents
A standardized Canadian COVID-19 proof of vaccination is now available digitally or on paper to residents of Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec, Saskatchewan and Yukon. It will be available in all the other provinces in time for the bump in travel in December.

Click here »» to read the full details

Business support programs
The government is proposing the following changes to business support programs:

  • Extend the Canada Recovery Hiring Program until May 7, 2022, for eligible employers with current revenue losses above 10 per cent and increase the subsidy rate to 50 per cent. The extension would help businesses continue to hire back workers and to create the additional jobs Canada needs for a full recovery.
  • Deliver targeted support to businesses that are still facing significant pandemic-related challenges. Support would be available through two streams:
    • Tourism and Hospitality Recovery Program, which would provide support through the wage and rent subsidy programs, to hotels, tour operators, travel agencies, and restaurants, with a subsidy rate of up to 75 per cent.
    • Hardest-Hit Business Recovery Program, which would provide support through the wage and rent subsidy programs, would support other businesses that have faced deep losses, with a subsidy rate of up to 50 per cent.

Details about the Tourism and Hospitality Recovery Program and Hardest Hit Business Recovery Program can be found on this government web page:
https://www.canada.ca/en/department-finance/news/2021/10/targeting-covid-19-support-measures.html

The government also proposes to: 

  • Extend the Canada Recovery Caregiving Benefit and the Canada Recovery Sickness Benefit until May 7, 2022, and increase the maximum duration of benefits by 2 weeks. This would extend the caregiving benefit from 42 to 44 weeks and the sickness benefit from 4 to 6 weeks.
  • Establish the Canada Worker Lockdown Benefit which would provide $300 a week in income support to eligible workers should they be unable to work due to a local lockdown anytime between October 24, 2021 and May 7, 2022.

Click here »» to read the full New Release

I will keep you informed as more details are made public.

I hope you find this information helpful.

Please contact me with any questions you may have or for assistance working through your employment and labour law matters.

Items of interest from the Ontario Ministry of Labour, Training and Skills Development and other government agencies

October 20, 2021

The Ministry of Labour periodically sends out a newsletter that contains a variety of information for employers. I have provided the newsletter in this email as well as information from other Ministries and agencies regarding the new online Business Registry as well as mobile vaccine clinics on GO transit routes.

Ministry of Labour, Training and Skills Development October newsletter

This edition of the newsletter contains three items in particular that may be of interest to you:

  • COVID-19 webinars: Information for employers & workers about ESA and OHSA
    • NOTE: The webinar is scheduled for Thursday October 21.
    • It will cover employer obligations and employee rights under the Employment Standards Act and the Occupational Health and Safety Act as they relate to COVID-19.
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  • Launch of Workplace Safety Builder Tool
    • This tool can help you to think through some of the COVID-19 risks in your workplace and choose actions available to make your workplace safer.
  • Extension of the COVID-19 Period to January 1, 2022
    • As I have previously advised, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the “COVID-19 period.” This regulation has been amended to extend the COVID-19 period to January 1, 2022.

New Business Registry
The new Business Registry which I advised of on September 29 has now been launched. The Registry provides business owners and not-for-profit operators with direct access to government services, available online 24 hours a day, 365 days a year. 

GO-VAXX mobile vaccine clinics
If you are encouraging your employees to get vaccinated, information about this program may be beneficial. Two GO buses have been converted to serve as mobile vaccine clinics which offer both first and second doses of the Pfizer vaccine. The buses are heated and fully accessible, no appointment is necessary and the schedule is updated weekly.

I hope you find this information helpful.

Click here »» to access the full newsletter

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

Ontario to require licences for temporary help agencies and recruiters

October 18, 2021

The government of Ontario has announced that it will be introducing legislation requiring temporary help agencies (THAs) and recruiters to be licensed.

Under the proposed changes:

  • ESA Officers could levy penalties against an unlicensed THA or recruiter or a business who is using an unlicensed operator
  • Penalties could be issued against unlicensed agencies and recruiters as well as the companies who use them, with proactive inspection measures to ensure compliance with applicable requirements.
  • Those who use deceitful recruiters could be required to repay workers for illegal fees charged.
  • THAs and recruiters would be vetted before being issued a licence to operate.
  • Applicants would need to provide an irrevocable letter of credit, that could be used to repay owed wages to workers.
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If the legislation is passed, the government intends to require licences as early as 2024.

Click here to »» read the full government News Release

I hope you find this information helpful.

Please contact me with any questions you may have or for assistance working through your employment and labour law matters.

Ontario QR code vaccine certificate and verification app now available

October 15, 2021

The government of Ontario has announced that the enhanced vaccine certificate with QR code as well as the verification app for use by businesses are both available today, October 15. 

Enhanced vaccine certificate
The enhanced vaccine certificates will be available for download from the government’s COVID-19 vaccination portal and will be available in cohorts for the first three days in anticipation of high traffic and demand.

The cohorts are based on birth month:

  • October 15, 12:00 a.m. to 11:59 p.m.: All individuals born between January and April
  • October 16, 12:00 a.m. to 11:59 p.m.: All individuals born between May and August
  • October 17, 12:00 a.m. to 11:59 p.m.: All individuals born between September to December
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Starting Monday, October 18 at 6:00 a.m., the portal will open for any individual to download their enhanced vaccine certificate, regardless of their birth month.

Individuals can also call the Provincial Vaccine Contact Centre at 1-833-943-3900 to have their enhanced vaccine certificate emailed or mailed to them.

People can save the electronic .pdf version of their vaccine certificate including QR code to their phone or can print a paper copy to be carried with them.

Verification app 
The Verify Ontario app,  which will be used by businesses to quickly and easily confirm if a person is fully vaccinated against COVID-19, is now available for free download from the Apple App and Google Play stores. 

The app will read both electronic and paper versions of the enhanced vaccine certificates and businesses must accept whichever is presented by the certificate holder. 

In all cases, Ontarians will need to show a piece of identification with their name and date of birth along with their proof of vaccination. The Verify Ontario app does not store personal information and only shows the business the minimum amount of information necessary to confirm vaccination.

Click here to »» Read the full government News Release

LINKS
COVID-19 Vaccination portal: https://covid19.ontariohealth.ca/
Download the Verify Ontario app: https://covid-19.ontario.ca/verify

I hope you find this information helpful.

Please contact me with any questions you may have or for assistance working through your employment and labour law matters.

WSIB cutting premium rates in 2022.

October 7, 2021

Ontario’s Workplace Safety and Insurance Board (WSIB) has announced that is cutting premium rates in 2022, resuming the rate-setting model that had been delayed in response to the impact on businesses of the COVID-19 pandemic.

The average premium rate for businesses will be reduced by 5.1 per cent for 2022, representing a premium decrease from a Schedule 1 average rate of $1.37 on every $100 of insurable payroll in 2020 and 2021, to an average of $1.30 in 2022.

Businesses eligible for a reduction will continue to see decreases to their premium rate and businesses with projected increases due to their individual and/or class risk and experience will now move up to a maximum of one risk band, which is approximately five per cent, towards their projected rate.

The changes will be introduced in a transition process. Any projected increases due to your individual and/or class risk and experience will be applied as follows:

  • In 2022, businesses with a projected premium rate increase will move up a maximum of one risk band (approximately five per cent) from their 2021 rate
  • In 2023, businesses with a projected premium rate increase will move up a maximum of two risk bands (approximately 10 per cent) from their 2022 rate
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Starting in 2024, policies for premium rate setting under the new model will be fully in effect. Businesses with projected premium rate increases or decreases will see their rates move up or down a maximum of three risk bands (approximately 15 per cent per year), until they reach their projected premium rate. NOTE: The transition approach does not apply to temporary employment agencies or non-profit organizations. 

The maximum insurable earnings ceiling for 2022 is $100,422, compared to $97,308 in 2021. Changes to the maximum insurable earnings ceiling are based on amendments made to the Workplace Safety and Insurance Act in 2021, which gave the Ontario government regulation-making authority to set the maximum insurable earnings ceiling for 2022.

Full details, including information on reading your 2022 statement and a chart of 2022 Class Rates, can be found on the WSIB website page: 2022 premium rates

I hope you find this information helpful. Please contact me with any questions you may have or for assistance working through your employment and labour law matters.

Ontario Throne Speech analysis from Sussex Strategy Group

October 5, 2021

A few weeks ago I shared an analysis of the federal election with you from one of my clients, Sussex Strategy Group. I hope that you found their perspective informative and insightful.

Yesterday the Premier of Ontario delivered the Throne Speech for the new legislative session and I am pleased that Sussex Executive Chairman Paul Pellegrini has kindly allowed me to share his company’s analysis of the Speech and what the upcoming months may hold in terms of governance and legislation.

I will keep you informed of any employment or labour law developments. As always, please contact me with any employment questions you may have or for assistance working through your staffing matters.

Ontario Legislature Returns With Speech From The Throne

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After a longer than originally scheduled summer recess, the Ontario Legislature officially returned this morning, opening the second session of the 42nd Parliament with a Speech From The Throne. The Speech, delivered by Lieutenant Governor Elizabeth Dowdeswell, provided a glimpse of the Ford government’s priorities in this legislative session that will lead up to the June 2022 election. Supporting and protecting Ontarians through these next stages of the pandemic remains the government’s focus, with recovery through strong economic growth standing as an accompanying priority.

The Path to the Throne Speech

Somewhat under the radar, early in September, the PC government prorogued the Legislature, electing to delay its return until after the outcome of the federal election was known. Procedurally, proroguing the Legislature completes the legislative session that was underway, meaning that all legislation on the Order Paper or before a Standing Committee for Review is terminated. Similarly, matters referred to Standing Committees (for example, the statutory review of the Lobbyists Registration Act) are wiped clean – these will need to be referred again if a review is to take place.

During the previous legislative session, the government passed 94 bills including 29 Private Members’ Bills brought forward by both government and opposition MPPs. Only one government bill (Bill 306, York Region Wastewater Act, 2021) had yet to come into effect when the prorogation occurred. Bill 306 had just passed first reading when the Legislature was prorogued; the bill is expected to be re-introduced by the government early in the new session. Some 200 Private Members’ Bills also died on the Order Paper.

It is becoming more common for a government to prorogue and refocus. Following the Cabinet shuffle that took place this past spring, it is arguably an opportune time for Premier Ford’s government to reset their priorities ahead of the upcoming provincial election on June 2, 2022.

Click »» Here to download the full Sussex Strategy Analysis