Ottawa, Toronto and Peel region moving to modified Stage 2 restrictions

On October 9, 2020, the Ontario government announced that Ottawa, Toronto and Peel region are moving into a modified Stage 2 of the Ontario Government’s “Phase 2” reopening plan following a surge in recorded COVID-19 cases. These modified stage 2 restrictions will be in place for a minimum of 28 days and will be reviewed on an ongoing basis.

Effective Saturday, October 10, 2020, at 12:01 A.M., the measures being implemented in Ottawa, Toronto and Peel region include:

• Reducing limits for all social gatherings and organized public events to a maximum of 10 people ‎indoors and 25 people outdoors where physical distancing can be maintained;
• Prohibiting indoor food and drink service in restaurants, bars and other food and drink ‎establishments, including nightclubs and food court areas in malls;‎
• Prohibiting personal care services where face coverings must be removed for the service (e.g. ‎makeup application, beard trimming);‎
• Closing of:‎
  - Indoor gyms and fitness centres (i.e., exercise classes and weight and exercise rooms);‎
  - Casinos, bingo halls and other gaming establishments;‎
  - Indoor cinemas;‎
  - Performing arts centres and venues;‎
  - Spectator areas in racing venues;‎
  - Interactive exhibits or exhibits with high risk of personal contact in museums, galleries, zoos, ‎science centres, landmarks, etc.

• Reducing the capacity limits for:
  - In-person teaching and instruction (e.g. cooking class) to 10 people indoors and 25 people ‎outdoors, with exemptions for schools, child care centres, universities, colleges of applied ‎arts and technology, private career colleges, the Ontario Police College, etc.‎
  - Meeting and event spaces to 10 people indoors and 25 people outdoors.

Effective Tuesday, October 13, 2020 at 12:01 a.m., updated public health measures will apply to wedding receptions, including new gathering limits of 10 people indoors and 25 people outdoors at event spaces.

Schools, child care centres, before-school and after-school programs and places of worship will remain open subject to physical distancing, mandatory mask-wearing and other health and safety measures.

Layoffs deemed infectious disease emergency leave

Employers should be reminded that under O. Reg. 228/20: Infectious Disease Emergency Leave, during the COVID-19 Period (March 1, 2020 to January 2, 2021), non-unionized employees whose employer has temporarily reduced or eliminated ‎their ‎hours of work for reasons related to COVID-19 are deemed to be on job-‎protected ‎infectious disease emergency leave under the Employment Standards Act, 2000 (the “ESA”).

After the COVID-19 Period (beginning on January 3, 2021), these employees will no longer be deemed to be on infectious disease emergency leave, and the clock will recommence on their period of temporary lay-off under the ESA. ‎Once the period of temporary lay-off expires, employers will be subject to the notice of termination and severance pay provisions of the ESA.

End of CERB, transition to EI and new federal benefits

On September 26, 2020, the Canada Emergency Response Benefit (CERB) ended. Following the end of the CERB, workers who were receiving the CERB through Service Canada and who were eligible for Employment Insurance (EI) were automatically transitioned to EI benefits.  

All new applications for EI are currently being done through the Canada Revenue Agency. Eligibility for EI was recently modified so that workers only need 120 insured hours to qualify for EI due to a one-time credit of 320 insured hours to meet the required 420 insured hours.

Following the end of the CERB, the Canadian government introduced three new benefits to assist workers impacted by the COVID-19 pandemic:

• Canada Recovery Benefit, which provides eligible workers with $500 per week (taxable, tax deducted at source) for up to 26 weeks for those who have stopped working and who are not eligible for EI, or had their employment/self-employment income reduced by at least 50% due to COVID-19.
• Canada Recovery Caregiving Benefit, which provides $500 per week (taxable, tax deducted at source) for up to 26 weeks per household for workers unable to work for at least 50% of the week because they must care for a child under the age of 12 or family member because schools, day-cares or care facilities are closed due to COVID-19, or because the child or family member is sick and/or required to quarantine or is at high risk of serious health implications because of COVID-19.
• Canada Recovery Sickness Benefit, which provides $500 per week (taxable, tax deducted at source) for up to a maximum of two weeks, for workers who are unable to work for at least 50% of the week because they contracted COVID-19, self-isolated for reasons related to COVID-19, or have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19.

We will continue to monitor and provide updates as soon as they become available. The COVID-19 situation is rapidly evolving with new measures being adopted ‎or modified at both ‎the ‎federal and provincial level. For further information, please consult our ‎Coronavirus Resource ‎Centre or feel free to contact any member of our DLA Piper Canadian Employment and ‎Labour Law Service ‎Group, who will ‎ensure that you are acting upon the most up-to-date information.‎

This article provides only general information about legal issues and developments, and is not intended to provide specific legal advice. Please see our disclaimer for more details.