May 7, 2020

With the federal and provincial governments having outlined plans for restarting out economy you may be considering reopening your workplace in the coming days or weeks.

I know that there are many factors that will weigh into your decision and I have prepared a summary of employment and labour law considerations that should be included.

First and foremost, of course, is the safety of your employees and your obligation to provide a safe workplace under the Occupational Heath and Safety Act and Employment Standards Act.

In that regard, your workplace must follow all the ‘normal’ guidelines as well as new guidelines that have been introduced in response to mitigating the risk of COVID-19 infection. I have outlined them below.

I have also included information on issues regarding privacy and human rights that should be taken into account.

You may have questions surrounding actions you or your employees may have implemented such as Temporary Layoffs, Employment Insurance Sickness Benefits or the federal Work-Sharing program and how these may effect reopening.

Please contact me for advice on the specifics of your situation, for assistance working through your staffing matters or with any questions. 

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Deciding whether and when to reopen a workplace

As an employer you must first determine whether you  can legally reopen your physical workplace(s).

Ontario is currently in Stage 1 of a three stage reopening program outlined in the government’s “A Framework for Reopening our Province”.

In conjunction with the Framework detailed sector-specific workplace safety guidance was released for multiple industries, including construction, utilities, health care, office, retail, hospitality and manufacturing. This guidance can be accessed »» here

Summary of Ontario Reopening Stages

In Stage 1, among businesses that were ordered to close or restrict operations, workplaces that can immediately meet or modify operations to meet public health guidance and occupational health and safety requirements will be permitted to reopen.

In Stage 2, more workplaces will be opened, based on risk assessments, which may include some service industries and additional office and retail workplaces.

In Stage 3, all workplaces will be opened responsibly.
There is no predetermined schedule for Stages 2 and 3, they will be implemented as public health permits.

Stage 1 came into effect May 4, allowing certain businesses to reopen:

• Garden centres and nurseries with curbside pick-up and delivery only
• Lawn care and landscaping;
• Additional essential construction projects that include:
  • shipping and logistics;
  • broadband, telecommunications, and digital infrastructure;
  • any other project that supports the improved delivery of goods and services;
  • municipal projects;
  • colleges and universities;
  • child care centres;
  • schools; and
  • site preparation, excavation, and servicing for institutional, commercial, industrial and residential development;
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• Automatic and self-serve car washes;
• Auto dealerships, open by appointment only;
• Golf courses and marina may prepare for the upcoming seasons but may not open to the public

 On May 6, Premier Ford announced the following businesses may open:

• May 8, garden centres and nurseries can reopen for in store payment and purchases, operating under the same guidelines as grocery stores and pharmacies
• May 9, hardware stores and safety supply stores may reopen under the same guidelines
• May 11, non-essential retail stores with a street entrance may begin offering curbside pickup and delivery, in accordance with the Ministry of Health’s Guidance for Essential Workplaces and occupation health and safety requirements

Additionally, essential construction projects that may continue have been expanded to include new below-grade multi-unit residential construction projects like apartments and condominiums.

The Ontario Ministry of Health has issued a comprehensive Guidance for Essential Businesses document that contains information and links that can be used for every business.

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Reopening safely

Having determined that your workplace can legally reopen,  you will need to consider whether it can be opened safely. This exercise consists of 

• assessing the workplace to determine whether you are able to satisfy the duty to provide a safe and healthy workplace by implementing controls to address the hazard of COVID-19, and 
• implementing those controls.

Workplace safety assessment

The assessment of the workplace should focus on areas and situations in which potential transmission may occur.

You may find it helpful to download and reference this document from WorkSafeBC in British Columbia. While it is from a different jurisdiction, it includes practical suggestions such as conducting a walk-through of the workplace to identify specific conditions or tasks that may increase the risk of exposure of employees to COVID-19. 

If practical and possible, my suggestion is that this assessment be done in cooperation with an employee representative. In the case of collective bargaining agreements this is almost certainly necessary. Please contact me for advice.

Remember that all decisions must be taken on a reasoned basis, taking into consideration governmental and public health guidance and the employer’s duty of care to its employees, and in a manner consistent with the employer’s workplace health and safety policies. 

NOTE: It is important to ensure that all decisions related to workplace health and safety are properly documented.

Workplace safety implementation
After assessment, employers are required to implement preventative measures to ensure workers are not exposed to conditions which could be harmful to their health and safety while working.

These measures can be implemented through engineering, or through administrative controls.

For engineering controls to address the hazard, the hazard should be removed or a barrier introduced between the hazard and the worker.

Administrative controls include changes in workplace policies or procedures to reduce or minimize exposure to a hazard. To a large degree these will centre around physical distancing measures and ensuring the physical distancing requirements are maintained. 

Employers should keep in mind that physical distancing considerations do not only apply to interactions between employees but also may apply to interactions with customers, suppliers, patients, visitors and members of the public.

The ‘Checklist’ below may be helpful in assessing your workplace and evaluating ways to assure its safety.

Limiting the number of employees and others in the workplace

• Encouraging employees to continue working from home if they are able.
• Allowing only a minimum amount of staff to return to the physical workplace.
• Implementing staggered or rotating returns to the workplace to reduce the number of employees present at the workplace at any one time. For example, specifying which day(s) an employee or group of employees may come to the workplace.
• Controlling the number of customers and other third parties entering and exiting the workplace.

Encouraging physical distancing at work

• Limiting entrance and exit points. Consider whether emergency evacuation plans need to be updated to address changes to access points.
• Rearranging workspaces and floor plans, including increasing separation between desks, workstations, and furniture or fixtures in common spaces such as lunchrooms, meeting rooms, waiting rooms, and washrooms. Examples include taping off every second urinal in a men’s washroom and removing chairs in common spaces to ensure adequate physical distance.
• Controlling access to elevators and areas within the workplace, including updating key cards to limit access and limiting the number of people who may ride in an elevator at a time.
• Adjusting scheduling, such as start/end times and breaks to reduce the number of people using common spaces (such as break rooms, kitchens, and bathrooms) and elevators at the same time.
• Implementing signage to ensure distance is maintained, for example using taped arrows to indicate “one way” traffic in hallways, taping off waiting areas to prevent bottlenecks in small spaces such as washrooms, taping off areas around workstations, appliances, machines, photocopiers, etc. to indicate appropriate two-metre spacing.
• Discouraging or cancelling all non-essential activities, social events and in-person meetings.
• Staggering appointments and meetings with customers or other meeting attendees.

Limiting physical contact and minimizing interpersonal interactions

• Installing physical barriers between workers or between workers and third parties. A common example of a physical barrier is the plexiglass partitions currently found in many grocery stores and pharmacies.
• Removing all communal items that cannot be easily cleaned, such as newspapers, magazines, and candy bowls.
• Reducing or eliminating the sharing of tools and equipment (such as keyboards, pens and other tools) between employees, or if sharing is required, providing solution for employees to disinfect tools and equipment between uses.
• Using technology to minimize interactions, such as using technology to share documents and going “cashless”.

Worker and workplace hygiene

• Promoting regular and thorough hand-washing and good hygiene by employees and other individuals present in the workplace. For example, by ensuring employees have access to soap and water or alcohol-based sanitizer, putting hand sanitizer dispensers in prominent places around the workplace, ensuring these dispensers are regularly refilled, and placing informational posters throughout the workplace.
• Developing procedures for regularly scheduled enhanced cleaning and disinfecting of the workplace, particularly high-contact items such as doors, handles, faucet handles, keyboards, and shared equipment. This document from the Government of Ontario provides hygiene guidance and suggestions,
• Evaluation of workplace environments as to whether ventilation and filtration provided by heating, ventilating, and air-conditioning systems can reduce the risk of transmission through the air.

Preventing sick employees from being at work

• Preventing symptomatic employees from attending the workplace by developing written policies and procedures employees must follow if they are sick or suspect they have come into contact with someone diagnosed with COVID-19. This could involve requiring employees to complete a daily “fit for work” questionnaire or COVID-19 self-assessment prior to attending the workplace. 
• Requiring employees to take a temperature test before entering the workplace. Note that this type of precaution is not without risk and care should be taken to ensure that employees’ rights are respected Please contact me for advice.
  • It is also important to keep in mind the limitations of temperature checks; employees can be contagious prior to having a fever, so this measure will only be partially effective and should only be used as part of a more comprehensive screening program.

Implementing appropriate policies

Consider developing policies and practices to:

• Limit nonessential travel to other locations or worksites.
• Ensure that all employees are trained on all COVID-19 related policies and procedures, including up-to-date education and training on COVID-19 risk factors and protective behaviours (for example, transmission points, equipment cleaning processes, cough etiquette and handwashing).
• Retain the names and contact details of stakeholders attending the worksite to assist public health authorities trace people who may have been exposed to COVID-19 at the worksite. Such action should only be taken after carefully considering and adequately addressing the privacy related concerns this may raise.
• Ensure that policies are kept up to date and being followed, for example through regular audits to ensure employees are maintaining appropriate physical distance.
• Respond appropriately to employee concerns or refusals to work due to workplace health and safety concerns, including providing advance policy for consultation with employers’ joint workplace health and safety committees and appropriately implementing additional policies and controls to address hazards identified by employees on and ongoing basis.
• Check with vendors, suppliers and landlords on measures they have implemented to manage COVID-19 related risks.

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Personal protective equipment (PPE) for employees – face masks, gloves and eye protection
The government of Ontario has advised that PPE should only be used when all other mitigation measures have been implemented and that it is effective only if it is appropriate for the situation and people wear it correctly.

There is a danger that PPE can give non-medical employees an undue sense of security. To avoid this, ensure training for all PPE, including gloves, that includes the fit, use, care, putting on and taking off, maintenance, cleaning and limitations of the PPE.

NOTE: With all forms of PPE in high demand, any reopening plan that requires PPE should take into account what forms of PPE the employer has the ability to obtain.

Non-medical masks
The current advice from Canada’s Chief Medical Officer is that individuals should wear a non-medical face mask when they are unable to maintain proper physical distance from others.

A non-medical mask can reduce the chance of an individual’s respiratory droplets coming into contact with others or landing on surfaces. The use of a non-medical mask is primarily to protect an employee’s co-workers, as opposed to protecting the individual wearing the mask.

If you wish to require or encourage employees workers to wear a mask, you should make those masks available, and the provision should be accompanied by a policy on non-medical face masks and training for employees on how to properly use a non-medical mask, as well as their limitations.

NOTE: N95 masks for non-medical use:
The Government of Canada does not recommend N95 masks for the general public and medical masks such as the N95 are only recommended for health-care workers and people who are taking care of someone in close settings such as acute care, primary care and long-term care facilities.

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Privacy, human rights and other considerations

Symptomatic employees
Before reopening you should develop a workplace infection control plan that includes procedures for employees displaying symptoms of COVID-19 infection, which includes fever, cough, or shortness of breath. 

You may also wish to distribute this plan to employees  so that they will be aware of the procedures.

Regarding symptoms and actions to take if employees exhibit symptoms, the government of Ontario offers this advice:

• If a worker develops COVID-19 symptoms, they should return home and self-isolate immediately.
• If they cannot leave immediately, the worker should be isolated in a specific space until they are able to leave.
• If the worker is very ill, call 911 and let the operator know that the person may have COVID-19.
• If the worker does not have severe symptoms, they should use Ontario’s self assessment tool, and seek assessment and testing (e.g., at an assessment centre) if indicated to do so. They can also contact their health care provider or Telehealth Ontario (1-866-797-0000).

Under the Ontario Human Rights Code OHRC), an employer may not discipline or terminate an employee who has been diagnosed with COVID-19 or is perceived to have COVID-19 (because, for example, they are exhibiting certain symptoms).

An employer should not send an individual employee home, or ask them not to work because of concerns over COVID-19, unless the employer’s concerns are reasonable and consistent with information from medical and Public Health officials.

If an employee tests positive for COVID-19 the OHRC policy position is that the Code ground of disability is engaged in relation to COVID-19, as it covers medical conditions or perceived medical conditions that carry significant social stigma.

Employers have a duty to accommodate employees under the Code in relation to COVID-19, unless it would amount to undue hardship based on cost, or health and safety.

You should also be aware that employers have an obligation to report occupational illness to the Ministry of Labour where employees were exposed to the illness in the workplace, or if the employee files a claim for occupational illness with the Workplace Safety and Insurance Board (“WSIB”).

Accommodating employee requests not to return

Higher-risk individuals
Certain individuals may be at greater risk of contracting COVID-19 or of having more severe complications from COVID-19. According to the Government of Canada, individuals at higher risk include older adults, people with weakened immune systems, and people with medical conditions including heart disease, hypertension, lung disease, diabetes and cancer. 

You may wish to have in place a self-disclosure policy whereby employees can disclose that they are at a higher risk.
NOTE: This policy must ensure that personal details or sensitive medical information remain confidential. Please contact me for advice.

If the higher risk employee is currently working from home, it may be advisable to continue this arrangement even though the workplace has been reopened.

Employees with childcare issues or caring for a sick relative
Under the OHRC ‘an employer must accommodate an employee who has care-giving responsibilities up to the point of undue hardship.’

Emergency Care Benefits were introduced on March 25 and available for a period of up to 15 weeks to assist

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

In some provinces, employees are eligible for job protected leaves if they are required to provide care to a person for a reason related to COVID-19 (i.e. school closure or sickness).

If an employee requests to take a certain unpaid statutory leave of absence and meets the qualifying requirements of that statutory leave, the employer must grant it and may be precluded from terminating the employee’s employment for the duration in the leave.

For employees making such requests, employers may consider:

• Permitting the employee to work from home, if possible.
• Whether the employee is eligible for paid leave in accordance with the employer’s existing contracts, policies and practices.

Employees concerned about workplace safety
You may be advised by one of your employees that they are concerned about the possibility of contracting the coronavirus in the workplace and may, in some cases, refuse to work. 



Employees who believe that a condition in the workplace is likely to endanger their health or safety can refuse to work under the Occupational Health and Safety Act.



An employer cannot threaten to discipline an employee who refuses to work on this basis, and must comply with employer obligations under applicable occupational health and safety legislation.

• the employer must investigate the situation immediately and attempt to work out a satisfactory resolution with the employee
• If that is not possible, the employer must notify a Ministry of Labour inspector or officer, as required by provincial legislation

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Relevant Links:
Government of Canada COVID-19 Information and Response

Government of Ontario COVID-19 Information and Response

Government of Ontario Framework for Reopening

Government of Ontario Workplace Safety Guidance


Government of Ontario COVID-19 Guidance: Essential Workplaces

Government of Ontario Workplace Safety and Prevention Services
Guidance on Health and Safety for Office Sector during COVID-19

COVID-19 and Ontario’s Human Rights Code – Questions and Answers

May 5, 2020

There is growing recognition that the COVID-19 outbreak is having an effect on the mental health of significant numbers of people. Both the federal and provincial governments have responded to this by expanding capacity to deliver care through virtual online services.

I have provided links to some of the new services below as well as links to existing mental health services which continue to be available.

You may wish to notify your employees about these services as resources they can access to help themselves or members of their families deal with the stress of these disruptive times. They may also, of course, be valuable to others you know in your own personal life.

I note that this week is officially Maternal Mental Health Week and Children’s Mental Health Week, but also emphasize that mental health is something we should all be attentive to on an ongoing basis.

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May 3, 2020
Prime Minister announces virtual care and mental health tools for Canadians

Prime Minister, Justin Trudeau announced an investment of $240.5 million to develop, expand, and launch virtual care and mental health tools to support Canadians.

This investment will support Wellness Together Canada, an online portal that provides Canadians with free resources, tools, and professional support services to help with wellness and resilience, as well as mental health and substance use. It will also support a growing family of digital products that includes the Canada COVID-19 app, which helps people track their symptoms, receive the latest updates, and access trusted resources.

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In addition to improving access to virtual mental health supports, these will also help ease the burden on our health care system, as we continue to deal with COVID-19. 

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May 4, 2020
Ontario continues to support mental health needs during COVID-19

The Ontario government has allocated up to $12 million in emergency funding to expand online and virtual mental health supports during the COVID-19 outbreak.

BounceBack is a guided self-help program using workbooks with online videos and phone coaching support. It is for adults and youth aged 15 and over.

Ontarians interested in public addictions services and mental health services for those over 18 can contact ConnexOntario, Ontario’s mental health, addictions and problem gambling help line at 1-866-531-2600.

Children and youth under 18 can locate mental health services through the websites of  Ontario.ca and Kids Help Phone , or contact Kids Help Phone (1-800-668-6868) for 24/7 support, if they need someone to talk to.

Good2Talk is available 24/7/365, a free, confidential mental health support service providing professional counselling and information and referrals for mental health, addictions and well-being to postsecondary students in Ontario. 

April 28, 2020

Premier Ford has announced that the Ontario government is “able to consider plans to move into the next phase of our battle against the COVID-19″ and detailed the criteria that Ontario’s Chief Medical Officer of Health and health experts will use to advise the government on the loosening of emergency measures. It will also provide guiding principles for the safe, gradual reopening of businesses, services and public spaces. My summary is provided below.

Click here if you would like to read the full details of the government’s A Framework for Reopening our Province.

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Guiding Principles for Reopening Ontario Economy

The government is planning a stage-by-stage approach to reopening the economy to ensure there are appropriate measures in place so workplaces can open safely. 

Public health officials will carefully monitor each stage for two to four weeks, as they assess the evolution of the COVID-19 outbreak to determine if it is necessary to change course to maintain public health.

It was stressed that throughout each stage, continued protections for vulnerable populations must be in place, along with the continued practice of physical distancing, hand washing and respiratory hygiene, and significant mitigation plans to limit health risks.

Stage 1

• For businesses that were ordered to close or restrict operations, opening select workplaces that can immediately modify operations to meet public health guidance.
• Opening some outdoor spaces like parks and allowing for a greater number of individuals to attend some events.
• Hospitals would also begin to offer some non-urgent and scheduled surgeries, and other health care services.

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Stage 2

• Opening more workplaces, based on risk assessments, which may include some service industries and additional office and retail workplaces. 
• Some larger public gatherings would be allowed, and 
• more outdoor spaces would open. 

Stage 3

• Opening of all workplaces responsibly and further relaxing of restrictions on public gatherings.

The Chief Medical Officer of Health and health experts will provide advice to the government about easing public health measures using a range of set criteria, including:

• A consistent two-to-four week decrease in the number of new daily COVID-19 cases;
• Sufficient acute and critical care capacity, including access to ventilators and ongoing availability of personal protective equipment;
• Approximately 90 per cent of new COVID-19 contacts are being reached by local public health officials within one day, with guidance and direction to contain community spread; and
• Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly.

It was also announced that a new Ontario Jobs and Recovery Committee has been formed and will be consulting with key sectors in all regions to assess the impact of COVID-19 on the provincial economy and develop a plan to move forward. 

The government and Members of Provincial Parliament will lead discussions with business associations, chambers of commerce, municipal leaders, the postsecondary sector, corporate leaders, small business owners, community and social service providers, Indigenous partners, Franco-Ontarians, entrepreneurs and others.

Consultations will be starting in the coming days and government officials will be reaching out to stakeholders to gather this information. 

If you or your organization want to help shape this economic recovery plan, it is important to be proactive in this regard by reaching out to your local MPP and relevant Minister.

April 28, 2020

On Friday (April 24) the Prime Minister announced that the federal government, provinces and territories have reached agreement in principle on the Canada Emergency Commercial Rent Assistance program. The program will be instituted to to help commercial small business tenants who are experiencing loss of business during the COVID-19 pandemic.

Further details on CECRA will be announced in the near future once final terms and conditions are agreed. In the meantime, the federal, provincial and territorial governments are urging property owners to provide flexibility to tenants facing hardship in this uncertain time. I am providing a summary of the federal announcement below.

Canada Emergency Commercial Rent Assistance

The federal government has reached an agreement in principle with all provinces and territories to implement the Canada Emergency Commercial Rent Assistance (CECRA) for small businesses. 

The Canada Mortgage and Housing Corporation will administer and deliver the CECRA, a collaboration between the federal government and provincial and territorial governments, which are responsible for property owner-tenant relationships.

Agreement in principle

The program will be available for small business tenants paying less than $50,000 per month in rent and who have temporarily ceased operations or have experienced at least a 70 per cent drop in pre-COVID-19 revenues. This support will also be available to non-profit and charitable organizations.

Under the proposed rent forgiveness agreement:

• the mortgaged commercial property owner would reduce the small business tenant’s monthly rent by at least 75 per cent
• the tenant would be responsible for paying the remaining 25 per cent
• forgivable loans will be provided to qualifying commercial property owners to cover 50 per cent of three monthly rent payments that are payable by eligible small business tenants who are experiencing financial hardship during April, May, and June
• The forgivable loans would be disbursed directly to the mortgage lender

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The government of Ontario announced that it has committed $241 million to the CECRA program.

It is expected that CECRA will be operational by mid-May, with commercial property owners lowering the rents of their small business tenant’s payable for the months of April and May, retroactively, and for June.

April 22, 2020

The federal government has announced that companies will be able to start applying for the Canadian Emergency Wage Subsidy on Monday, April 27 and that payments are expected to begin on Tuesday, May 5.

In addition, Prime Minister Trudeau announced the Emergency Community Support Fund, a $350 million support to community and non-profit organizations providing COVID-19 assistance.

Canadian Emergency Wage Subsidy Application

Companies will be able to start applying for the Canadian Emergency Wage Subsidy on Monday, April 27.

Applications will be handled through the Government of Canada Revenue Agency website at https://www.canada.ca/en/revenue-agency/services/subsidy/emergency-wage-subsidy.html

The site has a number of links to provide details and answers to questions employers may have including:

• Who is an eligible employer
• A guide to determining eligible employees and the eligible remuneration
• A calculator to determine your subsidy amount 
• Instructions on how to apply

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The ‘Instructions on how to apply’ section notes that the CEWS will be processed at the payroll program (RP) account level. This means that you will be required to file a separate application for each RP account. 

My recommendation is that you or your representative visit the site as soon as possible in order to be best prepared for the full application on April 27.

The section on the site entitled ‘Who is an eligible employer’ will guide you or your representative through the the criteria, which are as I have advised in earlier updates:

• Wage subsidy of 75% available on a maximum salary of $58,700 ($847 per week) for up to 12 weeks.
• Available to all Canadian businesses, not-for-profits and charities that see the required revenue reductions. Public bodies will not be eligible for this subsidy.
• Businesses will need to show a 15% revenue reduction in March and 30% reduction in April and May (compared to either 2019 figures or 2020 figures), or to an average of their revenue earned in January and February 2020.
• No overall limit on the subsidy amount that an eligible employer may claim.
• Subsidy will be retroactive to March 15, 2020.
• Businesses may measure revenue on the basis of accrual accounting (as they are earned) or cash accounting (as they are received); once a method is chosen, they will have to stick to the chosen accounting method.
• Businesses are eligible for specific periods: 
  • March 15, 2020 to April 11, 2020
  • April 12, 2020 to May 9, 2020
  • May 10, 2020 to June 6, 2020
• Once an employer is found eligible for a specific period, they will automatically qualify for the next period of the program.
• Non-profits will be allowed to include or exclude government funding in their applications.
• The CEWS will provide an additional amount to compensate employers for their contributions to the Canada Pension Plan and Employment Insurance in respect of eligible employees who are on leave with pay due to COVID-19.
• The employer will be required to repay amounts paid under the CEWS if they do not meet the eligibility requirements.

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Help for Charities: Emergency Community Support Fund

This $350 million support to community and non-profit organizations providing COVID-19 assistance will be flowed through national organizations that have the ability to get funds quickly to local organizations. 

It will support the following activities:

• Increasing volunteer-based home deliveries of groceries and medications.
• Providing transportation services, like accompanying or driving seniors or persons with disabilities to appointments.
• Scaling up help lines that provide information and support.
• Helping vulnerable Canadians access government benefits.
• Providing training, supplies, and other required supports to volunteers so they can continue to make their invaluable contributions to the COVID-19 response.
• Replacing in-person, one-on-one contact and social gatherings with virtual contact through phone calls, texts, teleconferences, or the Internet.

April 17, 2020

As part of its response to the COVID-19 pandemic, the Workplace Safety and Insurance Board (WSIB) has announced a relief package allowing employers to defer premium reporting and payments until August 31, 2020. 

The WSIB has also announced that the costs for COVID-19 claims will be allocated on a Schedule-wide basis and that there will be no change in premium rates for 2020. This measure is meant to help alleviate the impact of COVID-19 cases on individual employers, thus facilitating workers’ ability to comply with public health orders such as self-isolation or quarantine orders.

This will not alter employers’ obligations under the Occupational Health and Safety Act.

Full details as well as an FAQ section can be found on the WSIB website

Payment Deferral

Schedule 1 employers are eligible to defer their reporting and payments until August 31, 2020. This applies to:

Monthly payments due:

• March 31, April 30, May 31, June 30, July 31, 2020 

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Quarterly payments due:

• April 30 and July 31, 2020, 

Annual payments due:

• April 30, 2020

No interest will accrue and no penalties will be charged during the deferral period.

NOTE: Importantly, eligible employers are not required to opt-in to the deferral. For those employers that do not wish to participate, reports may still be submitted online and payments can be made online or via mail.

Schedule 2 employers – including certain publicly funded organizations and certain businesses involved in federally regulated industries – are also eligible to defer reporting and payment obligations.

Schedule-wide basis  for COVID-19 claims
Alongside the deferral of premium reporting and payment obligations, the WSIB has announced that the costs of COVID-19 related claims will be allocated on a schedule-wide basis rather than at an employer or class level. 

WSIB has also announced that there will be no change in premium rates for 2020. This measure will help to alleviate the impact of COVID-19 cases on individual employers, thus facilitating workers’ ability to comply with public health orders such as self-isolation or quarantine orders. This will not alter employers’ obligations under the Occupational Health and Safety Act.

April 14, 2020

The federal government has been looking at ways to revise and improve the Canadian Emergency Response Benefit (CERB). This revision is intended to better address the needs of part time and other workers, especially those Canadians working in essential jobs who make less than they would if they received the benefit as it was originally established.

Under the original plan, the CERB provided a taxable benefit of $2,000 every four weeks for up to four months for eligible workers who have lost their income due to COVID-19.

Today the Prime Minister announced that the government will be changing the eligibility rules to:

• Allow people to earn up to $1,000 per month while collecting the CERB
• Extend the CERB to seasonal workers who have exhausted their EI regular benefits and are unable to undertake their usual seasonal work as a result of the COVID-19 outbreak
• Extend the CERB to workers who recently exhausted their EI regular benefits and are unable to find a job or return to work because of COVID-19

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The Prime Minister also acknowledged that the COVID-19 pandemic has placed particular demands on low-income workers in certain sectors, including those on the front-line in hospitals and nursing homes, those ensuring the integrity of the food supply, or providing essential retail services to Canadians.

To address this situation, the federal government will work with provinces and territories through a new transfer to cost-share a temporary top-up to the salaries of workers deemed essential in the fight against COVID-19, who make less than $2,500 a month.

Details as to the application and delivery of this measure will be released shortly following further work with provinces and territories.

April 14, 2020

Ontario Extends Declaration of Emergency to Continue the Fight Against COVID-19

TORONTO ― On the advice of the Chief Medical Officer of Health and with the approval of the Ontario legislature, the Ontario government is extending the Declaration of Emergency under the Emergency Management and Civil Protection Act for a further 28 days. This will allow the government to continue to use every tool at its disposal to protect the health and safety of the people of Ontario during the COVID-19 pandemic.

Passed during a special sitting of the Ontario legislature and with the full cooperation of all parties, the Declaration of Emergency has been extended until May 12. The extension of the provincial declaration of emergency allows Ontario to continue to enforce current emergency orders, such as the closure of all non-essential workplaces, outdoor amenities such as parks and recreational areas, public places and bars and restaurants, as well as restrictions on social gatherings of more than five people, and prohibitions against price-gouging. A full list of emergency orders can be found on the e-Laws website under the Emergency Management and Civil Protection Act.

“During these unprecedented times, we cannot let our guard down. The actions being taken by everyone to stay home and practice physical distancing are making a difference, but we are not out of the woods yet,” said Premier Ford. “With the support of every Ontario MPP, we continue to take any and all actions necessary to support our frontline health care workers and respond rapidly and decisively to slow the spread of this deadly virus.”

The legislature also passed the Coronavirus (COVID-19) Support and Protection Act to amend the Education Act, Planning Act, Development Charges Act, Police Services Act and the Ministry of Training, Colleges and Universities Act. This new legislation demonstrates that the government is actively listening to the concerns of education and municipal stakeholders during this COVID-19 emergency.

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“This legislation is about protecting the health and economic interests of Ontarians,” said Stephen Lecce, Minister of Education. “We will do whatever it takes to get through this challenge ― most especially for the next generation ― so that students continue learning and graduating.”

The amendments to the Education Act will allow school boards to continue charging fees on new construction in order to retain a vital source of revenue for new school projects. The bill also includes an amendment to provide a fair and consistent provincewide approach to addressing school suspensions and expulsions as part of the government’s commitment to the safety of students and staff upon the reopening of schools.

The changes to the Ministry of Training, Colleges and Universities Act will temporarily suspend student loan payments for OSAP borrowers and initiate a six-month interest-free moratorium on OSAP loans.

“We are taking action to ease the financial burden for students and current borrowers during the COVID-19 outbreak,” said Ross Romano, Minister of Colleges and Universities. “By temporarily suspending loan repayments and interest accrual, our government is providing immediate support for OSAP borrowers during these challenging times.”  

The government is making it possible to suspend certain municipal planning decision timelines during the state of emergency, and change the Development Charges Act to ensure municipalities can continue to count on a vital source of revenue that helps pay for local growth-related infrastructure, such as roads, water and sewers as well as fire and police services. The amendments to the Police Services Act also allow the Solicitor General to give municipalities an extension beyond January 1, 2021 to prepare and adopt a community safety and well-being plan.

“Nothing is more important than protecting the health and well-being of all individuals and families,” said Steve Clark, Minister of Municipal Affairs and Housing. “We have listened to our municipal partners and made these changes to help them better manage staff time and resources so they can focus on the COVID-19 outbreak.”

“In these unprecedented times, our government is doing everything in its power to support our municipal, policing and community partners,” said Sylvia Jones, Solicitor General. “While Community Safety and Well-Being Plans are an important tool for municipalities to keep our communities safe, we need them to focus on allocating resources where they are needed most right now, and that is to stop the spread of COVID-19.”

April 6, 2020

I have received a number of questions from clients regarding medical notes for non COVID-19 related sick leave. Please see below.

The Ontario government’s Guide to the Employment Standards Act indicates that regular sick leave continues to fall under previous rules. I have quoted the relevant rules below, however my advice at his time would is based on easing the burden on the healthcare system. While the employer still has the right to ask for a note, best practice would be to trust the employee and not require a note.

The Guide to the ESA states that:

• Employees are entitled to up to three full days of job protected unpaid sick leave every calendar year, whether they are employed on a full or part-time basis.
• There is no pro-rating of the three day entitlement. An employee who begins work partway through a calendar year is still entitled to three days of leave for the rest of that year.
• Employees cannot carry over unused sick leave days to the next calendar year. The three days of leave do not have to be taken consecutively. Employees can take the leave in part days, full days or in periods of more than one day. If an employee takes only part of a day as sick leave, the employer can count it as a full day of leave

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An employer may require an employee to provide a medical note from a health practitioner such as a doctor, nurse practitioner or psychologist when the employee is taking the leave because of personal illness, injury or medical emergency if it is “reasonable in the circumstances”.

However, the employer can ask only for the following information:

• the duration or expected duration of the absence
• the date the employee was seen by a health care professional
• whether the patient was examined in person by the health care professional issuing the note

Employers cannot ask for information about the diagnosis or treatment of the employee’s medical condition.