Employers have obligations for the health and safety of their employees and to protect their personal data. As a result, employers must bear in mind their duty of care to their employees: What testing can they request of employees? Can they prevent an employee from attending at the workplace? What payments are employees entitled to if they are unable to attend work? What must an employer consider with homeworking? What are the employer’s obligations if it becomes necessary to shut down the workplace? How much information can employers ask about an employee's health and with whom can they share it? What are the risks if we fall short of our usual data protection compliance standards when dealing with this crisis?
Publication
By November 15 – which is now right around the corner – Transport Canada will require by way of ministerial orders that employers in the federally regulated air, marine and rail transportation sectors be able to confirm the implementation of a mandatory vaccination policy, failing which enforcement tools, such as administrative monetary penalties, may apply.
Publication
Ontario employers struggling to manage their workforces during the COVID-19 pandemic received welcome news from a favourable Superior Court of Justice decision. In Taylor v Hanley Hospitality Inc., the court held that a temporary layoff caused by reasons related to COVID-19 did not constitute a constructive dismissal at common law.
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The BC government has recently enacted amendments to the Employment Standards Act, which provide employees with three additional types of paid leave.
Publication
As the year progresses, courts are starting to address the pandemic’s impact on employment-related issues, such as those surrounding temporary layoffs.
Publication
In response to the COVID-19 pandemic, teleworking was not only favoured, but mandatory for a large part of the Quebec workforce.
Publication
The Government of Alberta introduced Bill 71, Employment Standards (COVID-19 Vaccination Leave) Amendment Act on April 21.
Publication
On Tuesday, April 20, Toronto and Peel Region introduced new orders under the Health Protection and Promotion Act, impacting most physical workplaces operating in those regions.
Publication
The vaccine rollout is quickly expanding in BC as we enter Phase 3 of the province’s immunization plan.
Publication
On January 12, Ontario declared a second emergency under the Emergency Management and Civil Protection Act.
Publication
Since our last publication, order-in-council no. 2-2021 made on January 8, 2021, (Order in Council 2-2021) has been published by the Quebec government.
Publication
The epidemiological situation having recently worsened in Quebec at the beginning of 2021, the province’s premier announced additional measures yesterday to “break the second wave” of the pandemic.
Publication
‘Tis the season for dealing with holiday pay, vacation requests and – though not merry – new health and safety measures and restrictions.
Publication
Despite the recent announcement of Ontario’s province-wide lockdown now expected to come into effect on Boxing Day, employers may still find some cheer in learning that the COVID-19 period has recently been extended to July 3, 2021.
Publication
Though a second year of COVID-19 is no gift, employers can now prepare for it with the benefit of experience they didn’t have before.
Publication
With the first round of COVID-19 vaccinations expected to soon be administered to Canadians, some employers are no doubt asking one important question: to what extent can vaccination be mandatorily required for employees in Canada’s physical workplaces?
Publication
To contain the spread of COVID-19, the federal government has imposed a mandatory 14-day quarantine for individuals re-entering Canada, with certain exemptions in place.
Publication
On August 20, 2020, the federal government announced major changes to the Employment Insurance (EI) program and the creation of three new recovery benefits.
Publication
On October 20, 2020, the Ontario government tabled the Supporting Ontario’s Recovery Act, 2020 (the Act) in the legislature for first reading.
Publication
We all know by now that the pandemic landscape is ever-changing. On October 1, 2020, changes were made (yet again) to the COVID-19 leave in the Canada Labour Code.
Publication
New screening recommendations and other changes to the province’s Stage 3 rules are now in effect for provincially regulated employers in Ontario.
Publication
As Canadian business leaders continue to face exceptional and wide-ranging challenges in response to the COVID-19 pandemic, the Federal Government and each of the provincial governments have introduced various subsidy, tax and other relief to help businesses cope with the crisis.
Publication
To say the least, this year’s back-to-school frenzy has been a bit different than in previous years
Publication
On September 4, the Government of Canada extended the maximum allowable length of leave related to COVID-19 from 24 weeks to 28 weeks to align with the recent increase to the maximum number of weeks a worker is eligible to receive Canada Emergency Response Benefit (CERB) payments.
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The Government of Ontario announced on September 3 that the COVID-19 period is extended to January 2, 2021.
Publication
With the end of the Canada Emergency Response Benefit (CERB) fast approaching, the federal government announced on August 20 a number of major changes to the Employment Insurance (EI) program.
Publication
Due to COVID-19, teleworking has become the new norm in Canada and many parts of the world.
Publication
Rates of domestic violence have increased by 20 to 30 percent across Canada during the COVID-19 pandemic, coinciding with the shift of the workplace from office to home.
Publication
Bill 195 brings an end to Ontario’s declared emergency, significantly affecting emergency leaves, temporary layoffs, and constructive dismissals under the Employment Standards Act, 2000 (ESA).
Publication
On July 21, 2020, Bill 195 (the Bill) received royal assent.
Publication
Both Alberta and British Columbia (BC) have now implemented measures to allow employees to return to the physical workplace.
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On July 21 the House of Commons passed Bill C-20, which extends the Canada Emergency Wage Subsidy program (CEWS), a key measure in Canada’s COVID-19 response plan.
Publication
In Canada, Statistics Canada reports that nearly 1 million more people were employed in June, a 6% increase from May.
Publication
While many employers in Quebec have now reopened their doors to welcome returning employees back to the physical premises of their establishments, a certain number of employees will certainly continue to work remotely.
Publication
As businesses slowly and gradually welcome returning employees back to the physical workplace across Canada, governments in various jurisdictions have published guidelines and recommendations on adopting and publishing a re-opening plan.
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For many employers in Ontario now preparing to welcome returning employees back to the physical workplace, implementing screening measures in the workplace is undoubtedly a key area of focus.
Publication
The COVID-19 pandemic has significantly re-shaped the way we think about the nature of work within certain industries.
Publication
Hope and determination now cautiously lead as Ontario and other parts of Canada gradually reopen.
Publication
2020 began with a global health outbreak: the coronavirus, or in medical terms, “2019-nCoV.”
Publication
On June 22, President Trump issued the Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak that suspends the entry of foreign nationals with certain employment-based non-immigrant visas into the United States.
Publication
Pandemic or no pandemic, to many people the summer season only truly kicks off in Quebec on June 24 with the National Holiday (also known as St. John the Baptist Day), and on July 1 with Canada Day, both of which fall on a Wednesday this year.
Publication
On June 8, 2020, the Order in Council applicable to foreign nationals entering Canada from any country other than the United States and the Order in Council applicable to foreign nationals entering Canada from the United States (the Orders), came into effect at 11:59 EDT.
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It is estimated the pandemic has directly affected approximately 2.2 million employees in Ontario, with about 1.1 million losing their jobs, and another 1.1 million on temporary layoff or with sharply reduced hours of work.
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A global checklist on the recent development of strategies, tools and frameworks designed to assist returning employees to the workplace.
Publication
As non-essential workplaces look forward to re-opening and essential workplaces continue operations, employers in Canada are forced to deal with the new-normal of COVID-19.
Publication
As Canada deals with the many challenges arising from the COVID-19 pandemic, many employers across the country are faced with the possibility of laying off some or all of their employees on a temporary basis.
Publication
Agribusinesses traditionally rely on temporary foreign workers (TFWs) to fulfill operational needs. COVID-19 poses new challenges for these businesses.
Publication
Below is a summary of President Trump’s executive order signed on April 22 to temporarily suspend immigration to the US to protect the jobs of US citizens in light of COVID-19.
Publication
It’s a stressful time: layoffs, terminations, mandated vacation time, unpaid leave, working from home alongside children and family members, or with no one at all – and all this amid the constant feed of new information and news.
Publication
To help prevent the spread of COVID-19, many businesses have been forced to close or reduce the number of workers at their physical locations to ensure social distancing protocols are met.
Publication
On March 25, the Canada Emergency Response Benefit Act (Act) was passed to provide financial support to workers suffering a loss of income for reasons related to COVID-19 (CERB).
Publication
As they contend with the global crisis caused by COVID-19, employers greatly appreciate such support mechanisms as the Supplemental Unemployment Benefit Plan (SUBP) and the Work-Sharing special measures.
Publication
Federal support for employers continues to evolve alongside the COVID crisis. Among the more recent measures is the Canada Emergency Wage Subsidy (CEWS), which was further refined by a bill passed on April 11.
Publication
On Saturday, April 11, legislation was enacted to implement the Canada Emergency Wage Subsidy (CEWS) that was announced by the federal government on April 1, further details of which were provided on April 8 and April 9.
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Eligible employers are those that have experienced a decline of 15% or more in gross revenue from arm’s-length sources in March or 30% or more in April or May, as compared to either the same month in 2019, or to an average of their monthly gross revenue earned in January and February 2020.
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Ontario has significantly reduced the list of essential businesses that can remain open in light of the COVID-19 pandemic, causing many construction employers to close their workplaces.
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The Ontario Workplace Safety and Insurance Board (WSIB) has published a number of helpful resources on its website regarding the current COVID-19 outbreak.
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On March 30, the federal government announced it is expanding the scope of wage subsidy benefits for small and medium-sized businesses affected by COVID-19, previously announced on March 27, to include most businesses of all types and sizes, as long as their gross revenues have decreased by 30% or more due to COVID-19.
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Over 1,700 cases reported in Ontario. Canada’s count in the thousands. States of emergency declared. Non-essential work suspended. Many of those still working across Canada are either performing essential work, working remotely, or both.
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On March 25, the Canada Emergency Response Benefit Act (Act) was passed to provide financial support to workers suffering a loss of income for reasons related to COVID-19 (CERB).
Publication
Below are updates to US travel restrictions announced by the US government for the week ending March 20.
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The COVID-19 situation is an unprecedented challenge for Quebec employers and our team continues to keep a close watch on the key issues that it raises.
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In the context of the global outbreak of COVID-19 many American citizens and green card holders are wondering how and if they can travel back to the US.
Publication
Since our latest publication on the subject, the Canadian and Quebec governments have announced they will be implementing several measures to help employees and employers deal with the repercussions of COVID-19. This update presents an overview of these measures.
Update
In the context of the global outbreak of COVID-19 many foreign nationals in Canada are wondering how this impacts their rights as temporary and permanent residents.
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The COVID-19 situation presents an unprecedented challenge for Quebec employers, and our team is keeping a close watch on the key issues that it raises.
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First pandemic declared by the World Health Organization since H1N1.
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But what can be done when a business interruption, even a temporary one, must be considered?
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Important points Canadian employers should review including leave entitlements, duty to accommodate and right to refuse work and overtime.
To browse all Norton Rose Fulbright blog posts specifically on COVID-19 published globally, please click here.
COVID-19 Safety Plans vs. Communicable Disease Plans: Have you Caught the Differences?
August 10, 2021
COVID-19 vaccination leaves : which provinces require employers to provide paid time off?
May 20, 2021
Employee’s receipt of CERB doesn’t change employer’s obligations
May 6, 2021
Ontario introduces paid COVID-19 sick leave
April 30, 2021
Can COVID-19 be considered a superior force (“force majeure”) lawfully limiting an employer’s obligations?
March 29, 2021
Conducting Workplace Investigations… in a Pandemic
November 19, 2020
Long-awaited relief for federally regulated employers: Layoff periods extended further
November 17, 2020
Pandemic check: face covering requirements for federally regulated employers in Canada
July 29, 2020
Ontario employers, cover up! Mandatory mask orders now in effect in Toronto & Ottawa
July 9, 2020
Say It Ain’t So, I Will Not Go: Responding to Employee Requests to Not Return to the Workplace in British Columbia
July 7, 2020
For your consideration: Varying BC employment agreements amid pandemic
June 12, 2020
Health and safety tips for Ontario’s construction job sites: masks, social distancing, and more
June 8, 2020
School’s out for summer: Pandemic assistance for students, youth and employers
May 20, 2020
Religious rights and wearing protective equipment
May 19, 2020
Ontario: Paying employees for the Victoria Day Holiday during the pandemic
May 15, 2020
From Suits to Sweatpants: Employer’s Obligations to Employees Working From Home
May 5, 2020
Easter & Passover 2020: Pandemic reminders for employers
April 9, 2020
Official language requirements in a pandemic: A word of caution for federal institutions
April 6, 2020
Pandemic Q&As: Walking off the job, limitation periods, symptomatic employees and human rights considerations
April 2, 2020
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