Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (JD Supra Canada)

The Québec government recently proposed changes to the Charter of the French Language (also known as “Bill 101”) by presenting Bill 96, An Act Respecting French, the Official and Common Language of Québec, on May 12, 2021. The new bill notably aims to increase the use of French in workplaces and public spaces.

On April 29, 2021, the Government of Ontario stated that it plans to introduce the COVID-19 Putting Workers First Act. When passed, this legislation “would require employers to provide employees with up to three days of paid leave because of certain reasons related to COVID-19.”

As more Canadians become eligible for COVID-19 vaccines, provinces across Canada are implementing paid COVID-19 vaccination leave policies to incentivize workers to become vaccinated as soon as possible. These leave policies are being put into place as COVID-19 cases across Canada soar and the country races to vaccinate faster than infections can spread.

Millions of Canadian employees have been forced to work from home as a result of measures designed to prevent the spread of COVID-19. Many of these employees continue to perform the same jobs they had before the pandemic started, just from different locations.

On April 16, 2021, the government of Ontario announced its strictest COVID-19 response measures to date, responding to a continued increase in daily case counts despite a province-wide lockdown. The stay-at-home order, effective April 8, 2021, will be extended for an additional two weeks, for a total of six weeks.

On April 1, 2021, the government of Ontario activated its pandemic “emergency brake,” sending the entire province out of the five-tiered colour-coded framework and into the “shutdown” zone. The province implemented these shutdown zone measures on April 3, 2021, and they will remain effective “for at least four weeks.”

In light of the increased COVID-19 vaccine distribution in Canada, the Ontario government has made significant amendments to its vaccine distribution plan. The province is currently in the midst of Phase I of its vaccination distribution implementation plan, which prioritizes highest-risk populations, such as frontline healthcare workers, adults 80 years of age and older, indigenous communities,...

Certain Canadian provinces have been especially hard hit by COVID-19 outbreaks. Most notably, Ontario and Quebec - two of Canada’s most populated provinces - have experienced the highest number of infection counts among the country’s provinces. While Ontario and Quebec have struggled to contain the spread of COVID-19, other provinces have had a different experience.

On Friday February 19, 2021, the Ontario Government announced that Toronto and two other regions will remain in shutdown for at least two more weeks. Among other things, this means that workers who are nonessential to in-person operations must continue to work from home.

Effective January 20, 2021, the Ontario government is increasing workplace inspections of retailers and other workplaces as part of a crackdown on compliance to ensure COVID-19 safety protocols are being followed and enforced. Previously, the Government of Ontario announced that it would be sending Ministry of Labour, Training and Skills Development (MOLTSD) health and safety inspectors, local

With daily COVID-19 case counts approaching 4,000 in Ontario, the Ontario provincial government announced on January 12, 2021, a state of emergency and a return to stricter lockdown measures that will take effect at 12:01 a.m. on January 14, 2021. The new restrictions will closely resemble the first-wave measures that were implemented in the spring of 2020, with some additional restrictions and...

On January 6, 2021, the Québec government announced new COVID-19 restrictions that will take effect from January 9, 2021, through February 8, 2021. The primary measure, which Premier François Legault described as an “electroshock” to curb the spread of COVID-19, is the imposition of an overnight curfew.

On January 4, 2021, the City of Toronto announced that employers and workplaces operating in Toronto’s public health unit will be subject to new reporting requirements regarding positive COVID-19 cases. In addition, Toronto Public Health announced that it will begin reporting data on workplace outbreaks effective January 7, 2021.

On December 9, 2020, Alberta’s Bill 47, the Ensuring Safety and Cutting Red Tape Act, 2020, received Royal Assent. The legislation replaces Alberta’s current Occupational Health and Safety Act in its entirety, and makes significant amendments to the Alberta Workers’ Compensation Act.

On December 31, 2020, the Government of Canada announced new restrictions that will apply to all airline passengers entering Canada. Effective January 7, 2021, at 12:01 a.m. EST, Canada will require each international air traveller five years of age or older to provide proof of a negative polymerase chain reaction (PCR) COVID-19 test completed within 72 hours “prior to the traveller’s...

On December 21, 2020, the Ontario government announced province-wide shutdown measures, similar to those recently enacted by the governments of Alberta, Quebéc, and Manitoba. The government cited the “alarming rate” at which COVID-19 cases are increasing due to travel between public health regions that are subject to different levels of restriction, and the strain on the healthcare system as the...

On December 17, 2020, the government of the Province of Ontario enacted Regulation 764/20, which will permit unions and employers in the hospitality, tourism, and trade show industries to negotiate for greater flexibility in the application of termination pay, severance, recall rights and other related matters under the Employment Standards Act, 2000 (ESA). Among other things, this regulation...

From December 17, 2020 until January 10, 2021, the province of Québec is imposing special restrictions to curb activities that are contributing to rising COVID-19 cases. Although parts of Québec have been at the Level 4-Maximum alert level for several weeks now, COVID-19 cases show no signs of slowing down.

The Ontario government recently enacted Ontario Regulation 228/20, which created an “infectious disease emergency leave” for employees who are off work due to COVID-19. As a result of a very recent regulation, Ontario Regulation 765/20, the period for this infectious disease emergency leave has been extended until July 3, 2021.

Alberta is the most recent Canadian province to enact enhanced public health measures in response to rapidly rising COVID-19 case numbers. These new restrictions are aimed at limiting social gatherings, which are the greatest source of virus transmission in the province.

Canada is experiencing an increased number of daily COVID-19 infections in what appears to be a “second wave.” In response to higher positivity rates and increased hospitalisations, some provinces have passed strict public health orders to limit the spread of COVID-19.

On March 16, 2020, Canada announced that it would be closing its borders to international travelers but for a few exceptions due to the COVID-19 pandemic. A few days later, Canada and the United States mutually agreed to temporarily restrict all nonessential travel across the U.S.-Canada land border.

A Federal Court of Appeal decision, Bank of Montreal v. Li, is a cautionary tale for federally regulated employers about the limits of settlement agreements in resolving unjust dismissal complaints. Background - Yanping Li was discharged after working for the Bank of Montreal (BMO) for almost six years.

On June 12, 2020, Québec’s then minister of justice, Sonia LeBel, tabled in the National Assembly Bill 64, An Act to modernize legislative provisions as regards the protection of personal information. Bill 64’s purpose is to modernize Québec’s privacy laws for both the public and private sectors.

On October 9, 2020, the Government of Ontario announced additional restrictions on and closures of public gatherings, specific businesses, and indoor food and drink service, in an effort to limit the spread of COVID-19. These restrictions are currently applicable within the “hotspots” of the “Ottawa, Peel, and Toronto public health unit regions.”

The Ontario government recently amended Ontario Regulation 364/20, Rules for Areas in Stage 3, to include mandatory COVID-19 symptom screening in almost all Ontario workplaces. In short, these amendments require Ontario employers to screen all workers (employees, contractors, agency employees, etc.) and all essential visitors for COVID-19 symptoms and to confirm they are not otherwise excluded...

Employers operating in Ontario, Canada should be aware that Ontario’s minimum wage rate is set to increase on October 1, 2020. This increase affects not only the general minimum wage rate, but also the alternative minimum wage rates that apply in Ontario.

On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment. In normal circumstances, the Ontario Employment Standards Act, 2000 (ESA) provides that employees may be temporarily laid off for up to 13 weeks in a period of 20 consecutive weeks, or, where certain...

On July 7, 2020, the Government of Alberta proposed important changes for workplaces through Bill 32, the Restoring Balance in Alberta’s Workplaces Act, 2020 (Bill 32). The stated purpose of Bill 32 is to increase investment in Alberta’s workforce and to reduce the administrative burden for employers. On July 29, 2020, Bill 32 received Royal Assent.

According to Statistics Canada, two in five employers in Canada have reduced hours or laid off one or more employees since the beginning of the COVID-19 crisis. One of the risks associated with those difficult decisions is a constructive dismissal claim that would trigger statutory notice and severance requirements under provincial employment standard legislation and under the common law. Ontario’