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Daily Workplace Wrap-up on COVID-19 for July 28, 2020

Fasken
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Overview

Labour, Employment & Human Rights Bulletin

Below are the key government announcements made on July 28, 2020 that touch on workplace issues.  

The Federal Government

On July 27, 2020, Bill C-20, An Act respecting further COVID-19 measures, received Royal Assent. Bill C-20 extends and significantly expands the Canada Emergency Wage Subsidy ("CEWS") program by making it available to any eligible employer that experiences a revenue decline for qualifying periods starting on July 5, 2020. It also authorizes the disclosure of information in relation to the one-time payment to persons with disabilities, and enacts the Time Limits and Other Periods Act (COVID-19) to provide greater flexibility around certain time limits.

A detailed summary of the changes to the CEWS program under Bill C-20 can be found in our earlier bulletin.

Alberta

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

British Columbia

The Order announced by the Provincial Health Officer on July 27, 2020 respecting gatherings and events was published.

Manitoba

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

New Brunswick

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

Newfoundland and Labrador

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

Nova Scotia

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

Ontario

On July 24, 2020, the government enacted Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. At the same time, on July 24, 2020, the provincial declared state of emergency ended.

With the declared state of emergency ended, those on or deemed to be on declared emergency leaves or a deemed infectious diseases leave under the Ontario Employment Standards Act, 2000 (the "ESA") and its regulations will see certain rules and entitlements expired or set to expire. 

Unless the government legislates or regulates otherwise:

employees are no longer eligible for a declared emergency leave under the ESA; and

• effective on or about September 4, 2020:

  • temporary reductions of employees' hours of work or wages by an employer for reasons related to COVID-19 will no longer be deemed to be on an infectious disease leave in accordance with the O. Reg. 228/20: Infectious Disease Emergency Leave under the ESA, available here;
  • any temporary reductions to, or elimination of an employee's hours of work, or the reduction of any employee's wages by the employer for reasons related to COVID-19 will no longer expressly be deemed not to constitute constructive dismissal under the ESA;
  • temporary layoffs under the ESA will no longer be converted to, or deemed to be, an infectious disease leave in accordance with the O. Reg. 228/20; and
  • any employees who were deemed to be on an infectious disease leave in accordance with O. Reg. 228/20 will cease to be on the infectious disease leave.

The end of the declared state of emergency does not impact employees' entitlement to the infectious disease emergency leave provided for under the ESA, described here and here, which applies for as long as the event triggering entitlement to the leave lasts.

Prince Edward Island

Family members with Canadian citizenship or who have a permanent resident status can visit family in the province by applying online and completing a Family Connections application. Any traveler arriving in the province still needs to self-isolate for 14 days.

The Chief Health Officer announced residents in public and private long-term care facilities may be permitted to designate a Partner-in-Care. This individual will be able to visit the resident in their room at any time during visiting hours as long as they do not put the health of the resident or other residents at risk.

Quebec

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

Saskatchewan

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 2020.

Northwest Territories, Nunavut, and the Yukon

There were no major government updates as of 5:00 p.m. E.D.T. on July 28, 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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