The Canada Emergency Response Benefit (“CERB”) was a form of income replacement offered by the Government of Canada at the start of the COVID-19 pandemic. Eligible recipients could receive $2,000.00 per month during the program’s 28-week duration (which ran from March to September 2020).

The pandemic impacted heavily on the working lives of many: some lost their jobs, otherwise endured prolonged lay-offs, and many found themselves working from home. With the pandemic waning and (hopefully) at, or close to, an end, employers are considering how best to structure their workplaces moving forward. This presents a unique opportunity - to learn from mistakes, create efficiencies, improve culture and attract talent.

As the pandemic reaches the two year mark, the Omicron variant has taken hold across the country. In response, public health agencies have updated their recommendations and protocols. With the introduction of booster shots, new quality standards for facial masks, and limited access to testing, employers may quickly come to find their existing COVID-19 policies are out of date.

The Government of Ontario has announced that Infectious Disease Emergency Leave (“IDEL”) will be extended for a fifth time. It will now cover the period from March 1, 2020 to July 30, 2022. As a result of this change, it is possible that the worst effected employees may find themselves out of work, and without pay, for a staggering 2 years and 5 months.

Over the past several weeks many Ontario employers have implemented policies setting out COVID-19 vaccination requirements for their staff. While in some sectors, such as long-term care, employee vaccination is now mandatory, in most it is not. Nonetheless, a number of employers, such as the City of Toronto, have opted to implement mandatory vaccination policies for their staff.

It is beginning to feel a lot like Groundhog Day. For the fourth time since its inception, the Ontario government has extended the length of Infectious Disease Emergency Leave (“IDEL”). It will now operate until at least December 31, 2021. [Click here for our coverage of previous IDEL extensions.]

Earlier this week, the Ontario government amended the provincial regulation governing businesses and organizations at Step 3 and the “Roadmap Exit Step” of its Roadmap to Reopen Plan. It is important to note that, at present, Ontario remains at Step 3, having yet to reach the Roadmap Exit Step.

Ontario has, for a third time, extended the length of Infectious Disease Emergency Leave (“IDEL”). Pursuant to O. Reg. 412/21, IDEL now encompasses a maximum period of March 1, 2020 to September 25, 2021. The practical impact of this change is that employers are allowed to keep employees off work, without pay, in response to the COVID-19 pandemic for an additional three months.

A recent decision from the Ontario Superior Court of Justice (Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076) is the first to consider the legal consequences of Ontario’s Infectious Disease Emergency Leave (a special measure created to respond to the COVID-19 pandemic).

When the pandemic first began, and at various subsequent points, many Ontario employers experienced a decrease in work volume and, as a result, made the difficult decision to place their staff on temporary unpaid lay-off from work. This seemingly straightforward decision, however, has resulted for some businesses in unintended litigation. They have faced employee claims for severance on the basis that their lay-off amounted to a constructive dismissal from employment.

Over the past year, numerous Ontario employers have had to downsize their operations and dismiss staff in response to the ongoing pandemic. Many of those who have lost their jobs turned to government income replacement programs while looking for new employment.

Earlier this month, Vey Willetts’ lawyer Andrew Vey presented to a the Employment Accessibility Resource Network (“EARN”). EARN is a community initiative that brings together in partnership employers, service providers and other stakeholders with the goal of increasing employment opportunities for people with disabilities.

For a second time, Ontario has extended its freeze of the ordinary rules governing unpaid temporary layoffs. Pursuant to O. Reg. 765/20, issued under the Employment Standards Act, 2000 (the “ESA”), provincially regulated employers in Ontario are now allowed to keep employees off work in response to the COVID-19 pandemic, without pay, during the period of March 1, 2020 to July 3, 2021.

Face coverings have become a common feature of daily life in the age of COVID-19. Recent steps taken by both municipal and provincial governments now indicate that mandatory face coverings are here to stay for the foreseeable future.

Effective September 26, 2020, Ontario amended its Rules for Areas in Stage Three, a government regulation that lays out requirements for businesses during the current phase of the provincial reopening process.

On September 3, 2020, Ontario announced that it had extended its freeze of temporary layoff limitations. Regular layoff rules had been set to resume on September 4, 2020. Pursuant to O. Reg. 492/20, this date has now been pushed back to January 2, 2021.

On July 24, 2020, Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Bill”) came into force, bringing an end to Ontario’s declared State of Emergency. Although the declared emergency is over, many emergency orders continue in effect (for an initial period of 30 days beyond July 24, 2020 and subject to subsequent renewal).

On June 18, 2020, Vey Willetts’ lawyer Paul Willetts presented at the Law Society of Ontario’s annual 6-Minute Employment Lawyer Conference. The event, which this year was held virtually, featured over 20 speakers and touched on a broad range of workplace issues.