COVID-19 & Legislation Updates | Weekly Workplace Recap from August 6 to August 19, 2021
Below are the key announcements from the Federal, Ontario, Saskatchewan and BC governments that touch on workplace legislation from August 6 to August 19, 2021.
Federal
Requires Vaccination for Federal Workforce & Federally Regulated Transportation Sector
On August 13, 2021, the federal government announced its plan to require all members of the federal public service and employees in the federally regulated air, rail, and marine transportation sectors to be vaccinated. The federal government has also stated that it will encourage and work with federally regulated employers in other sectors to implement similar employee requirements.
In addition, Minister Omar Alghabra, Minister of Transport, stated that the vaccine requirement will extend to travellers in three categories:
- Passengers on all commercial flights;
- Passengers on interprovincial trains; and
- Passengers on large marine vessels with overnight accommodations, including cruise ships.
These measures are expected to be implemented in the fall of 2021 and by no later than the end of October. With respect to those who cannot be vaccinated for medical reasons, the Federal Government has stated that they will be accommodated on a case-by-case basis.
For more information, check out this news release.
Calls for an Early Federal Election on September 20
Prime Minister Justin Trudeau on Sunday announced an early election in Canada.
The federal election is scheduled for Monday, September 20, 2021 and will come less than two years after the previous vote and at a time when COVID-19 cases are rising in many parts of the country.
All eligible electors — either at home or abroad — can apply online to vote by mail this year. This is new: previously, the option to mail-in ballots was only available to Canadians living abroad or voting from outside of their riding.
For more information, visit Elections Canada.
Ontario
Makes COVID-19 Vaccination Policies Mandatory for High-risk Settings
As a result of the emergence of the Delta variant, the government of Ontario is making COVID-19 vaccination policies mandatory in high-risk settings. Hospitals and home and community care service providers must now have a COVID-19 vaccination policy for employees, staff, contractors, students and volunteers. Ambulance services must also have a COVID-19 vaccination policy for paramedics.
The vaccination policy must be effective by September 7, 2021, and at a minimum will require the specified individuals to provide proof of one of three things:
- Full vaccination against COVID-19;
- A medical reason for not being vaccinated against COVID-19; or
- Completion of a COVID-19 vaccination educational session.
Individuals who do not provide proof of full vaccination against COVID-19 will be required to undertake regular antigen testing. These employers will be required to track and report on the implementation of their policies to the provincial government. This is similar to the vaccination policy requirements currently in place for long-term care homes.
For more information, check out this news release.
Launches New Modern Ontario Business Registry
Ontario is launching a new Ontario Business Registry. Beginning October 19, this new registry will replace out-dated technology, providing people across the province with direct access to government services 24 hours a day, 365 days a year for the first time ever.
Businesses will now be able to complete over 90 transactions through the new online registry, including registering a new business and dissolving an existing one. Registrations or filings that were previously submitted by mail or fax, taking four to six weeks to complete, can now be done instantly through the online registry. When online transactions are completed, users will receive automatic email notices with electronic attachments instead of paper documents.
Fore more information, check out this news release.
Saskatchewan
Reinstates Layoff Obligations for Employers
On August 5, 2021, pursuant to SR 81/2021 the Saskatchewan Government repealed Sections 44.2 to 44.4 of The Employment Standards Regulations and reinstated certain pre-pandemic regulations.
The obligations found in ss. 2-60 – 2-62 of the Act are reinstated and again apply to employers. Importantly, the exemptions continue to apply for two weeks after the coming into the force of the regulations; that is, two weeks from August 5th, 2021.
Following the two-week exemption period, an employer must schedule any laid off workers (who were laid off pursuant to the exemptions in last year’s regulations) to work. If a laid off employee is not scheduled to return to work for the employer, the employee will be deemed to be terminated and will be entitled to pay in lieu of notice pursuant to ss. 2-60 and 2-61 of the Act. The compensation in lieu of notice will be calculated from the original date on which the employee was laid off.
If an employee is scheduled to work but does not return to work, the employee will be deemed to have resigned.
Moving forward, employers must:
- Keep track of the two-week exemption period, which starts on August 5, 2021
- After the two-week exemption period, remember ss. 2-60 – 2-62 of the Act fully apply, and
- Make sure to comply with the scheduling obligations immediately following the two-week period (found in s. 3 of SR 81/2021).
For more information, check out the Saskatchewan Employment Standards webpage.
British Columbia
Asks for Feedback on Permanent Paid Sick Leave
In May, the government tabled legislation that will provide workers with a paid sick leave program during the pandemic and afterward, including permanent paid sick leave. The province is now inviting the public to have a say as it develops a permanent policy for paid sick leave.
A public survey opened online to gather information from employers and workers on the kinds of paid illness and injury leaves currently provided, and how they are meeting workers’ needs. This survey will be open until September 14, 2021.
Sarah Visca is the Operations Manager at ConnectsUs HR, a company that provides tools & resources to quickly set up a Human Resources department.
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