Highlights for this edition
- Reg. 228/20, Infectious Disease Emergency Leave, essentially paused the application of the layoff provisions of the Employment Standards Act, 2000 such that a temporary reduction or elimination of hours due to Covid-19 is not a layoff and therefore will not necessarily result in a temporary layoff becoming permanent or amount to constructive dismissal. Rather, employees are on a deemed leave.
- Reg. 764/20, Terms and Conditions of Employment in Defined Industries - Hospitality, Tourism and Convention and Trade Show Industries, allows unionized workplaces in relevant industries greater flexibility in the context of the Covid-19 pandemic to extend the layoff period applicable to affected staff and also provides unions the ability to agree on behalf of some or all of their membership to “retain recall rights”. This may assist employers by potentially limiting the requirement to pay out termination or severance pay, as well as the requirement to place certain monies in trust on behalf of employees.
- Reg. 297/13, Occupational Health and Safety Awareness and Training, was amended by revoking and substituting new sections 7 and 8. Amongst other things, these changes expand the workplaces not subject to the requirement that workers successfully complete working at heights training. Specifically, training is not required for workplaces where automobiles are manufactured or assembled; where automobile marshalling occurs; where automobile parts manufacturing or warehousing occurs or where automobile research and development occurs and where in each such circumstance the worker is a direct employee of the employer.
Added for the 2021 edition:
- Reg. 228/20, Infectious Disease Emergency Leave (replacing O. Reg. 66/20)
- Reg. 764/20, Terms and Conditions of Employment in Defined Industries – Hospitality, Tourism and Convention and Trade Show Industries
Amended since the 2020 edition:
- Human Rights Code, R.S.O. 1990, c. H.19
- Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A
- Occupational Health and Safety Act, R.S.O. 1990, c. O.1
- Reg. 297/13, Occupational Health and Safety Awareness and Training
- Pay Equity Act, R.S.O. 1990, c. P.7
- Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A
- Reg. 175/98, General Regulation (under the Workplace Safety and Insurance Act)
Practice Directions, Information Bulletins, and other documents from boards and tribunals have also been updated as necessary.