COVID-19 Updates | Daily Workplace round up on Labour, Employment & Human Rights | April 3, 2020
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Below are the key announcements from Ontario and BC governments that touch on workplace issues for April 3, 2020.
Ontario
Ontario Shortens the List of Essential Services
The Ontario government is reducing the list of essential businesses and ordering more workplaces to close. Premier Ford made the statement on April 3, 2020, stating that this is a necessary measure to protect the health and safety of the people of Ontario.
All businesses not covered by the updated Emergency Order must close effective as of Saturday, April 4, 2020 at 11:59 p.m. The closure will be in effect for 14 days, with the possibility of an extension as the situation evolves.
See the updated list of essential businesses here.
Ontario issues Emergency Order providing Flexibility with respect to Shareholder and Director Meetings
On March 30, 2020 when the Government of Ontario issued an order under the Emergency Management and Civil Protection Act, it temporarily suspended and replaced certain sections of the Ontario Business Corporations Act (OBCA) and the Corporations Act (CA).
The amendments to both acts allow virtual or electronic shareholder and director meetings despite any provision in a corporation’s bylaws or other constating documents. The temporary provisions also extend certain deadlines for shareholder and director meetings.
The amendments below apply retroactively from March 17, 2020, the date Ontario declared a state of emergency.
- Virtual Meetings - Under the previous OBCA and CA, shareholder/director meetings were generally only allowed to be held virtually if expressly provided for by a corporations constating documents (such as letters patent, articles, or by-laws). After the amendments, despite the corporation’s constating documents, all such meetings may be held virtually.
- Extension of Meetings - Before the amendments, under the OBCA and CA, a corporation was required to hold an Annual Meeting within 15 months of its preceding Annual Meeting. Now, under the period of the declared emergency, the order extends the following deadlines to:
- if the last day the Annual Meeting is required to be held falls within the Emergency Period, the 90th day following the end of the Emergency Period; or
- if the last day the Annual Meeting is required to be held falls within 30 days following the end of the Emergency Period, the meeting can be held no later than the 120th day following the end of the Emergency Period.
- Extension for Insurance Corporations - The amendment under the CA temporarily replaces the deadline that insurance corporations are required to hold an Annual Meeting within the first 3 months of a new year, extending this deadline to allow for Annual Meetings to be held up to 90 days after the termination date of the Emergency Period.
While this flexibility is provided for Ontario corporations, similar measures haven’t been adopted federally. Corporations incorporated under the Canada Business Corporations Act (“CBCA”) are being told to review their constating documents to ensure they are permitted to proceed using electronic or virtual meetings.
Learn more from Ontario’s official regulation of the order.
News! Ontario has launched a new user-friendly online portal for the public to easily access their COVID-19 lab test results.
British Columbia
BC Waives Liability from COVID-19 Exposure Claims to Essential Service Providers
The BC government is taking steps to ensure that those providing essential services cannot be held liable for damages caused by exposure to COVID-19 while continuing to operate.
The immunity doesn’t apply to essential service providers who are not compliant with respective authorities or who are grossly negligent. To be protected under the order, the essential service provider must comply with the following sections:
(a) was operating or providing the essential service in accordance with all
applicable emergency and public health guidance, or
(b) reasonably believed that the person was operating or providing the essential
service in accordance with all applicable emergency and public health
guidance.
The order only applies to situations related to COVID-19 and will remain in effect for as long as the state of emergency remains in place.
Read the official order here.
News! B.C. firefighters ordered to attend immediately life-threatening calls only. Learn more.
Sarah Visca is the Operations Manager at ConnectsUs HR, a company that provides tools & resources to quickly set up a Human Resources department.
You can contact her here.
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