News & Analysis as of

Health and Safety Ontario Canada

Littler

Ontario, Canada Court Affirms City Lacked Control of Workplace and Exercised Due Diligence, Upholding Acquittal of OHSA Charges

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In R. v. Greater Sudbury (City), 2024 ONSC 3959, the Ontario Superior Court of Justice (OSCJ) dismissed an appeal of the trial judge’s decision in which she acquitted the City of Sudbury (City) of various charges under...more

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Ius Laboris

Ontario seeks input on heat stress proposal

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The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Littler

Ontario, Canada Publishes Regulations Aimed at Increasing Participation of Women in Construction Workforce

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On March 29, 2023, the province published Regulation 61/23 amending Regulation 213/91: Construction Projects under the Occupational Health & Safety Act (Regulation). The amendments will come into force on July 1, 2023....more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

Littler

Ontario, Canada Makes Changes to COVID-19 Requirements for Long Term Care Homes

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As of October 14, 2022, Ontario made the following changes to its COVID-19 requirements for long term care (LTC) homes, as set out in its COVID-19 guidance document....more

Littler

Ontario, Canada Removing Masking Requirement on March 21 in Most Settings and Ending All COVID-19 Public Health Measures on April...

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On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist....more

Littler

Ontario, Canada Announces Plan to Lift Capacity Limits and Proof of Vaccination Requirements

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Ontario first released its plan to follow a cautious and phased approach to lifting COVID-19 public health and workplace safety measures on January 20, 2022. On February 14, 2022, however, Ontario announced that with key...more

Stikeman Elliott LLP

Ontario Fast-tracks Reopening Plan: Public Health Measures to be Eased as of February 17, 2022

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On February 14, 2022, the Government of Ontario announced that continued improvement in public health indicators means that COVID-related restrictions can be relaxed ahead of schedule. The first major changes take effect on...more

Littler

Phased Easing of Public Health Measures in Ontario, Canada to Begin January 2022

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With key public health indicators beginning to show signs of improvement and expected to continue, Ontario announced that commencing January 31, 2022, in the absence of concerning trends, it would begin to take steps to...more

Stikeman Elliott LLP

Ontario’s COVID-19 Response: As Omicron Peaks, the Government Announces a Timetable for Relaxing and Lifting Most Restrictions

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On January 20, 2022, the Government of Ontario announced that, beginning on January 31, 2022, restrictions relating to the COVID-19 pandemic will gradually be eased. While the province’s plan could change in response to...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Littler

Ontario, Canada Announces Phased Plan to Lift Remaining Public Health and Workplace Safety Measures by March 2022

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On October 22, 2021, Ontario announced the release of its phased plan to gradually lift all remaining public health and workplace safety measures by March 2022, as set out in A Plan to Safely Reopen Ontario and Manage...more

Dickinson Wright

Recent Developments in Ontario Employment Law

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On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy.  The City of Toronto has also provided guidance on the key...more

Littler

Ontario, Canada: COVID-19 Vaccination Policies Mandated in High-Risk Settings

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On August 17, 2021, Ontario announced that COVID-19 vaccination policies would be mandatory in high-risk settings, and the province’s exit from the Roadmap to Reopen would be put on hold. Therefore, until further notice,...more

Littler

New “Roadmap Exit Step” Added to Step 3 of Ontario, Canada’s Reopening Plan

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On July 30, 21, Ontario filed O. Reg. 541/21 (Regulation), which adds a new “Roadmap Exit Step” to the Rules for Areas at Step 3 of its Roadmap to Reopen (Roadmap). ...more

Littler

Ontario, Canada Moving to Step Two of its Roadmap to Reopen Ahead of Schedule

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On June 24, 2021, Ontario announced that with improvements in key indicators relating to public health and health care, and the provincewide vaccination rate surpassing targets, it will be moving to Step Two of its Roadmap to...more

Littler

Ontario, Canada Announces it Will Enter Step One of its Roadmap to Reopen Earlier than Anticipated

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Based on the provincewide vaccination rate and continuing improvements in key public health and health system indicators, Ontario has announced that it will enter Step One of the Roadmap to Reopen (Roadmap) on June 11 rather...more

Littler

Ontario, Canada Exploring Possibility of Allowing Employer-Operated Onsite Vaccination Clinics in “Hot Spot” Communities

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On April 13, 2021, Ontario announced that in Phase 2 of its COVID-19 vaccine distribution plan it will provide vaccines to those 18 and over via mass immunization clinics, mobile teams, and pop-up clinics in highly impacted...more

Littler

Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

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In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

Littler

It is Now Easier for Organizations in Ontario, Canada to Offer Private Rapid COVID-19 Testing of Asymptomatic Employees

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In a News Release dated March 17, 2021, Ontario announced it was removing regulatory restrictions to make it easier for organizations to conduct on-site COVID-19 testing in the workplace. Asymptomatic employees can now...more

Littler

Ontario, Canada: Arbitrator Upholds Mandatory Employee COVID Testing

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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

Littler

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

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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

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