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Daily Workplace Wrap-up on COVID-19 for May 29, 2020

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Overview


Labour, Employment & Human Rights Bulletin

Below are the key government announcements made on May 29, 2020 that touch on workplace issues. 

Our daily (weekday) and weekend overviews of previous government announcements, employment analyses and other COVID-19 information are available here

The Federal Government

The government announced that the Solvency Special Payment Relief Regulations, 2020 (the “Regulations”) are now in force. The Regulations provide temporary relief for federally regulated defined benefit pension plan sponsors in the form of a moratorium on solvency special payments from May 27 until December 30, 2020. The regulations also provide accommodations for solvency special payments made since April 1, 2020. More information is available here.

Alberta

On May 28, 2020, the Chief Medical Officer of Health issued a notice (PDF) on the operation of day camps operated in recreational or entertainment businesses.  Recreational or entertainment businesses or entities are permitted to offer day camps to the public, provided that the measures set out in CMOH Orders 18-2020 and 19-2020 are followed, which include:

  • implementing practices to minimize the risk of transmission of infection;
  • providing procedures for rapid response if a person develops symptoms of illness while working or attending;
  • ensuring that persons working at or attending maintain high levels of sanitation and personal hygiene;
  • complying, to the extent possible, with any applicable Alberta Health guidance; and
  • complying, to the extent possible, with the Guidance for Day Camps and Workplace Guidance for Business Owners.

British Columbia

There were no major government updates as of 5:00 p.m. EDT on May 29, 2020.

Manitoba

There were no major government updates as of 5:00 p.m. EDT on May 29, 2020.

New Brunswick

There were no major government updates as of 5:00 p.m. EDT on May 29, 2020.

Newfoundland and Labrador

The government announced that the Compensation Grant Program for regulated child care services and the Essential Worker Child Care Program will end on June 26, 2020.

The Minister of Advanced Education, Skills and Labour announced the following enhancements to the Provincial Student Loans Program for the 2020-21 academic year:

  • increasing the weekly loan limit from $40 to $100 per week of study, bringing the combined provincial loan and grant weekly limit to $200; and
  • exempting student and spousal contributions when assessing applications for provincial student aid.

Effective May 29, 2020, residents can expand their existing “double bubble” to create an “extended bubble”. Up to six (6) more people can be added to the existing “double bubble”. The people chosen to enter the extended bubble must stay the same and are not interchangeable. The new members of the extended bubble do not have to be from the same household.

The Chief Medical Officer of Health announced that residents who work on a rotational basis outside of the province but within Canada will no longer be required to remain on their property during self-isolation following their return to the province, provided they are not symptomatic and do not work at a facility involved in an outbreak investigation. These individuals will have to remain in their household bubble, but may go for walks, car rides, bike rides, etc. These individuals are not permitted to enter public buildings and must keep physical distance between all individuals outside of their household bubble.

Nova Scotia

The government announced the limit on gatherings-- both indoor and outdoor-- has been raised to 10 people. Outdoor weddings and funerals are permitted to have 15 people. Physical distancing of 2-metres or 6-feet is still required, except among members of the same household or family household bubble.

The government further announced that private campgrounds can open at 50% capacity effective June 5, 2020. Reservations for campgrounds at provincial parks will open June 8, 2020, with grounds opening June 15, 2020. Provincial campgrounds must operate at a reduced capacity to ensure a minimum of 20 feet between individual campsites.

Finally, the government renewed (PDF) the provincial State of Emergency until June 14, 2020.

Ontario

Premier Ford announced the government is considering a regional approach to reopening the province based on the regional differences in case numbers.

The government announced that it is expanding testing, including targeted testing and outbreak testing at certain workplaces, including hospitals, long-term care homes, group homes, shelters, emergency child care centres, correctional facilities and other shared living spaces.

The government published a regulation which, among other things, deems temporary reductions or cessations in hours due to COVID-19, or any temporary layoffs due to COVID-19, which began on or after March 1, 2020 not to trigger constructive dismissal claims or the deemed termination and severance provisions under the Employment Standards Act, 2000 (“ESA”). The regulation deems employees who are not performing work (e.g., those on a temporary layoff under the ESA) on or after March 1, 2020 to have been on an Emergency Leave under the ESA. The regulations provide that employees that were on layoff under the ESA have been, instead, on this Emergency Leave. Though leaves of absence under the ESA generally require employers to continue employee participation in applicable pension plans, life insurance plans, accidental death plans, extended health plans and dental plans, the regulation does not require such participation or employer contributions if an employee who is not performing work (e.g., who is on a temporary layoff) is not participating in these plans/the employer was not making contributions as of May 29, 2020.

Prince Edward Island

There were no major government updates as of 5:00 p.m. EDT on May 29, 2020.

Quebec

The government announced the gradual reopening of the following personal care and beauty services starting June 15, 2020 in the Montreal Metropolitan Community and the Regional County Municipality of Joliette: hair salons, barber shops, beauty centres, manicure and pedicure services, hair removal and skin care services, and tattoo and body piercing businesses.

Saskatchewan

The government announced that on June 8, 2020, places of worship, operators of child care facilities, restaurants, licensed establishments, gyms, and fitness facilities can prepare to open as part of Phase 3 of Re-Open Saskatchewan.

In addition to new guidelines around places of worship and operators of child care facilities, the Re-Open Saskatchewan plan (PDF) has been amended with the following updates:

  • COVID-19 workplace information (p. 13);
  • guidelines for appropriate use of personal protective equipment (PPE) (p. 14);
  • personal care services guidelines (p. 56);
  • restaurants and licensed establishments guidelines (p. 40).

Northwest Territories, Nunavut, and the Yukon

In Nunavut, the Public Health Emergency was extended until June 11, 2020.

In addition, the government introduced the Nunavut Essential Workers Wage program. For a period of up to 16 weeks, eligible employers may receive funding to increase their employees’ wages up to an extra $5.00 per hour to a maximum of $25.00 per hour. Applications will open on June 1, 2020 and employers may apply on the Department of Finance’s website.

In the Northwest Territories, the government announced that it will invest approximately $4.4-million in the tourism industry over the summer of 2020, and that it will waive tourism insurance requirements and licensing fees for the 2020-21 season.

Also, driver’s licences, general identification cards, and motor vehicle certificates of registration expiring between March 31, 2020 to July 31, 2020, will remain valid until August 1, 2020. 

In the Yukon, parks and campgrounds will reopen on June 4, 2020

Contact the Authors

For more information or to discuss a particular matter please contact us.

Contact the Authors

Authors

  • Matthew Allard, Associate, Vancouver, BC, +1 604 631 4779, mallard@fasken.com
  • Sophie Arseneault, Partner, Ottawa, ON, +1 613 696 6904, sarseneault@fasken.com
  • Marie-Gabrielle Bélanger, CIRC, Partner, Montréal, QC, +1 514 397 7653, marbelanger@fasken.com
  • Andrew Dixon, Partner, Calgary, AB, +1 403 261 8481, adixon@fasken.com
  • Laura Epplett, Associate, Toronto, ON, +1 416 868 3337, lepplett@fasken.com
  • Valérie Gareau-Dalpé, Partner, Montréal, QC, +1 514 397 5248, vgareau@fasken.com
  • Rhonda Grintuch, Partner, Montréal, QC, +1 514 397 5240, rgrintuch@fasken.com
  • Tala Khoury, Partner, Toronto, ON, +1 416 865 4498, tkhoury@fasken.com
  • Marc Rodrigue, Partner, Toronto, ON, +1 416 865 4518, mrodrigue@fasken.com
  • Gillian Round, Partner, Toronto, ON, +1 416 865 5469, ground@fasken.com
  • Rachel Younan, Partner, Toronto, ON, +1 416 868 3478, ryounan@fasken.com

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