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Ontario, Canada: Arbitrator Upholds Mandatory Employee COVID Testing

In Christian Labour Association of Canada v. Caressant Care Nursing & Retirement Homes (D. Randall), a union filed a group grievance on behalf of a number of its members working at an Ontario retirement home to challenge the...more

Ontario, Canada: “Inspection Blitzes” Launched to Ensure Businesses Take Steps Necessary to Stop Transmission of COVID-19

On November 19, 2020, Ontario announced it had launched “inspection blitzes” to help stop the transmission of COVID-19 and keep workers safe.  The inspections involve the deployment of provincial offences officers from...more

Ontario, Canada: New COVID-19 Response Framework Will Take Effect November 7

On November 3, 2020, Ontario announced a new COVID-19 Response Framework, Keeping Ontario Safe and Open (New Framework) that will be approved by Cabinet on November 6, 2020.  Public health units will be transitioned to the...more

Ontario, Canada: Masks Must be Worn in Indoor Area of Business Premises and in Vehicles Operating as Part of Business

On October 2, 2020, the government of Ontario filed Ontario Regulation 546/20 (Regulation) made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.  The Regulation came into force on October 3, 2020....more

Ontario: Requirements for Mandatory Policies, Training and Postings - September 2020

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? August 2020

Posting: Employment Standards Act, 2000 - The poster is prepared by the Minister of Labour to help ensure employers understand their minimum obligations and employees know their rights. Employers must: • provide each...more

Toronto, Canada Requires Masks Within Enclosed Public Spaces

In an effort to prevent the spread of COVID-19 and to protect the health, safety and well-being of its residents within enclosed public spaces, on June 30, 2020, the City of Toronto passed By-Law 541-2020 (“By-Law”).  The...more

Ontario, Canada: Stage 3 Reopening Will Begin on July 17, 2020

On April 27, 2020, Ontario released a Framework for Reopening Our Province. This Framework contemplates the gradual reopening of the province in three stages, with each stage lasting for approximately two-to-four weeks to...more

Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

Ontario, Canada: New Guide Helps Employers Plan their COVID-19 Work Safety Plans

On June 16, 2020, Ontario released a Guide to help employers satisfy their responsibilities under Ontario’s Occupational Health and Safety Act (OHSA) to take every precaution reasonable in the circumstances to protect workers...more

Ontario, Canada: Stage 2 Reopening Begins on a Regional Basis

On April 27, 2020, Ontario released a Framework for Reopening Our Province. This Framework contemplates the gradual reopening of the province in three stages, with each stage lasting for approximately two-to-four weeks to...more

COVID-19 and Work Refusals as Canada Reopens: Legal and Practical Considerations

Although Canadian employers that provide essential services have remained open since the first days of the COVID-19 pandemic, other employers were required to close their physical operations. Despite this, the nature of the...more

Ontario, Canada: COVID-19 Self-Assessment Tool Recently Updated

On May 27, 2020, Ontario updated its COVID-19 Self-Assessment Tool (Tool), which was originally launched in March 2020. The interactive Tool requires users to respond to a series of questions and, based on their responses,...more

Ontario, Canada: Workplace Safety Guidelines Released

On April 30, 2020, in anticipation of the gradual reopening of its economy, Ontario announced that it had released safety guidelines to enable employers to protect workers, customers, and the general public.  The guidelines...more

Canada: COVID-19 and Provincial Announcements of Plans to Gradually Ease Restrictions and Reopen

In Canada, the easing of restrictions due to the COVID-19 pandemic is determined by each individual province or territory. A number of provincial governments have announced how they plan to gradually ease restrictions with a...more

Canada: Do Employers Have an Obligation to Protect Employees from Exposure to Safety Hazards While they Work from Home during the...

Most workplaces in Canada are subject to provincial or territorial occupational health and safety (OHS) legislation. Federally regulated workplaces are governed by the federal OHS laws set out in Part II of the Canada Labour...more

Canada: COVID-19 and Recalling Employees Back to Work from a Temporary Layoff

Many Canadian employers implemented temporary layoffs due to the devastating financial impact of the COVID-19 crisis. These employers are entitled to recall their employees back to work at any point in time prior to the...more

Ontario, Canada Government Intends to Provide Job-protected Leave to Employees During COVID-19 Crisis

On March 16, 2020, Premier Doug Ford and Monte McNaughton, Minister of Labour, Training and Skills Development, announced that the Ontario government intends to introduce legislation that, if passed, would immediately provide...more

CANADA: COVID-19 (Coronavirus) – Employer FAQs

Given the rapid spread and implications of the novel coronavirus (COVID-19), employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, privacy of employees’ health...more

Canadian Employers and the Coronavirus

At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia.  The first of these cases was confirmed on January 25 and the last was...more

Canada: Supreme Court Limits Safety Inspection Duty of Federally-regulated Employers to Workplaces under their Control

In Canada Post Corp. v. Canadian Union of Postal Workers, 2019 SCC 67, one of the last decisions of the Supreme Court of Canada (“SCC”) in 2019, the court clarified the extent of a federally-regulated employer’s inspection...more

Ontario: Requirements for Mandatory Policies, Training and Postings - June 2019

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

Newfoundland and Labrador, Canada: Court Affirms that Inability to Measure Impairment Caused by Medical Cannabis Can Constitute an...

The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? March 2019

Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

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