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Daily Workplace Wrap-up on COVID-19 for June 10, 2020

Fasken
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Overview

Labour, Employment & Human Rights Bulletin

Below are the key government announcements made on June 10, 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 introduced Bill C-17 in the House of Commons. Among other things, if passed, the legislation would:

  • create Ministerial powers to suspend certain time limits, including the time limits for temporary layoffs under the Canada Labour Code;
  • change the Canada Emergency Wage Subsidy program by creating a second baseline remuneration period, meant to capture seasonal employees and those employees who did not have remuneration between January and March 2020 (i.e. those who were on an unpaid leave);
  • suspend certain Federal Court time limits;
  • amend the Canada Emergency Response Benefit (“CERB”):
  • to ensure those who are self-employed can access the benefit;
  • to change the CERB eligibility periods by ending the current 4-week eligibility periods on July 4, 2020 and having 2-week eligibility periods from that date through to October 3, 2020;
  • to add requirements that workers return to work when recalled (i.e. clarifying they are no longer entitled to the CERB if they don’t return to work when recalled); and
  • to create penalties for accessing the CERB on false or misleading pretences, or knowingly receiving the CERB when ineligible, up to a fine of $5,000 and/or 6 months imprisonment.

As there was no opposition party support to "fast track" Bill C-17, it is unclear if, or when, any of the proposed legislative initiatives will become law.

Alberta

The government announced its re-entry plan for the 2020-21 school year. These three potential scenarios are being planned for September 2020, working with local school boards:

  1. in-school classes resume with near normal operations with certain restrictions and requirements;
  2. in-school classes partially resume with further health measures; and
  3. at home learning continues (in-school classes are cancelled).

Further details of the scenarios can be found here, along with public health guidance for schools. The government hopes to determine which scenario will be implemented by August 1, 2020.

British Columbia

There were no major government updates as of 5:00 p.m. E.D.T. on June 10, 2020.

Manitoba

There were no major government updates as of 5:00 p.m. E.D.T. on June 10, 2020.

New Brunswick

The government announced Bill 49 (available here) which would, if passed, amend the Emergency Measures Act to:

  • specify that the cabinet has the authority to suspend, amend or supersede the operation of provisions of any public act, regulation, rule, municipal bylaw or order during a state of emergency;
  • protect individuals and corporations that provide essential services and take reasonable precautions from liability for damages during a state of emergency;
  • increase the minimum fine to $5,000 for a corporation violating or failing to comply with a direction, order or requirement made under the Emergency Measures Act;
  • require organizations providing critical infrastructure services to prepare emergency plans and submit them to the Emergency Measures Organization for review; and
  • specify that peace officers have the authority to stop people, request documentation and conduct investigations in support of enforcing an emergency order during a state of emergency.

Newfoundland and Labrador

There were no major government updates as of 5:00 p.m. E.D.T. on June 10, 2020.

Nova Scotia

The government announced that certain visitor restrictions will be eased in long-term care facilities and homes for persons with disabilities, effective June 15, 2020.

Ontario

The government announced plans to reopen postsecondary schools for in-person learning.  According to a government press release:

  • commencing in July 2020, "limited in-person education and training may restart for students who were not able to graduate due to COVID-19 closures";
  • in September 2020, "all students will have the opportunity to attend postsecondary education through virtual learning, in-class instruction, or hybrid formats"; and
  • "publicly assisted colleges and universities, Indigenous Institutes, private career colleges and other postsecondary education institutions may participate in this voluntary reopening.  Institutions that choose to participate will be responsible for establishing their own plans for this limited reopening in accordance with public health advice and any ministry guidance."

The government indicated that guidance on the summer reopening and health and safety measures for the postsecondary education sector will be released in the coming days.

The Medical Officer of Health for the Wellington-Dufferin-Guelph Health Unit issued an Order effective June 12, 2020 requiring owners and operators of a commercial establishment (e.g., a commercial premise used for the purposes of offering goods or services to members of the public, including stores and malls) in that region to:

  • prohibit any customer, patron, employee or visitor from entering or remaining in their commercial establishment  unless they are wearing a face covering, unless:
  • they are under two (2) years old;
  • the covering inhibits a person's breathing; or
  • a person has a medical issue and cannot safely wear a face covering; and
  • ensure they have alcohol-based hand rub at all entrances and exits for those entering or exiting.

Further information regarding the Order is available here.

Prince Edward Island

The government reopened mental health and addictions clinics for walk-in services.

Quebec

There were no major government updates as of 5:00 p.m. E.D.T. on June 10, 2020.

Saskatchewan

The government announced the extension of the provincial State of Emergency, effective June 10, 2020.

Northwest Territories, Nunavut, and the Yukon

In the Yukon, the government announced that in-person classes for kindergarten to Grade 12 will resume at the start of the 2020-21 school year.

In the Northwest Territories, the Public Health Emergency and the State of Emergency were both extended until June 23, 2020.

There were no major government updates in Nunavut as of 5:00 p.m. E.D.T. on June 10, 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
  • Megan Beal, Partner, Toronto, ON, +1 416 865 5442, mbeal@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
  • 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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