April 26, 2022

On April 14 the Government of Ontario filed Regulatiion 346/22 that revokes the remaining COVID-19 regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Reopening Act”). 

The Ontario Chief Medical Officer of Health has issued directives that will remain in effect until at least June 11, 2022 requiring masks in high-risk public settings, such as public transit, health care, long-term care homes, retirement homes, and shelters.

In addition, any employer issued an order or directive by a local public health unit establishing COVID-19 workplace restrictions is still required to comply with those orders.

Aside from these exceptions, there is no regulation-based requirement for masking, physical distancing, and daily worker screening for most workplaces effective April 27, 2022.

However, as these general regulations are lifted, it is important for all employers to remember the obligation to maintain a safe workplace.

The obligation under the Occupational Health and Safety Act (OHSA) is to take all reasonable precautions to protect the health and safety of workers, meaning that an employer can require employees to adhere to safety requirements, so long as those requirements are reasonable.

Those safety requirements could reasonably include masking and vaccination. As I advised in my email of March 21, employers can continue to enforce a compulsory masking policy even though the province is dropping the requirements. 

There are still a considerable number of COVID-19 cases being recorded each day in Ontario, and there are numerous Public Health authorities who advise that masking is an effective strategy to mitigate the spread and consequences of the COVID-19 virus.

The government has also noted that being vaccinated is the best way for us to respond to the Corona-19 virus and its variants to protect ourselves and those around us.

As you evaluate which policies you may wish to continue in your own workplace, my advice is that you check with your local public health authorities and follow the guidance they provide on these issues. You can find your local office through the government’s Ontario Public Health Unit Locator.

You should also keep a record of that advice. In the event that an employee contests your policy, this evidence can be shown to demonstrate that the policy is a reasonable requirement in exercising your obligation to maintain a safe workplace.

I hope you find this information helpful. Please contact me for assistance working through your staffing matters.