Author: Dave Patriarche
Ontario Employers: Requirements for Mandatory Policies, Training and Postings
Each year my friends at Littler provide an updated list of required postings for Ontario Employers. these are the documents that MUST be posted to be complaint with the various pieces of legislation.
Employers subject to provincial legislation (i.e., not federal employers) that have employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, the Occupational Health and Safety Act, the Accessibility for Ontarians with Disabilities Act, 2005, the Pay Equity Act, and the Smoke-Free Ontario Act, 2017. To make this information conveniently available, the Littler Toronto office assembled these requirements in a single publication.
Ontario Is Extending Covid-19 Paid Sick Days And IDEL Into 2022
A reminder to employers that the WIPB program has been extended and employers may have to pay employees employees up to 3 days wages as indicated below.
Originally set to expire on December 31, 2021, Premier Doug Ford’s government has announced that it is extending the Worker Income Protection Benefit program until July 31, 2022.
The Worker Income Protection Benefit Program
The program requires employers to provide all eligible employees with up to three (3) paid days off for a range of reasons related to the pandemic, including:
- going for a COVID-19 test;
- staying home awaiting the results of a COVID-19 test;
- being sick with COVID-19;
- getting individual medical treatment for mental health reasons related to COVID-19;
- going to get vaccinated;
- experiencing a side effect from a COVID-19 vaccination;
- having been advised to self-isolate due to COVID-19 by an employer, medical practitioner or other specified authority;
- providing care or support to certain relatives for COVID-19 related reasons, such as when they are:
- sick with COVID-19 or have symptoms of COVID-19;
- self-isolating due to COVID-19 on the advice of a medical practitioner or other specified authority;
- providing care or support to their child who is getting vaccinated against COVID-19 or is experiencing side effects from the vaccine.
Employers are generally required to pay employees the wages they would have earned had they not taken the leave, up to $200.00 per day for up to three (3) days.
Ontario Extending COVID-19 Paid Sick Days
As expected, the Ontario government has extended the support for workers and employers until July 31, 2022
TORONTO – The Ontario government is extending its Worker Income Protection Benefit program, which provides paid sick days, until July 31, 2022 to continue keeping workers safe and ensure they do not lose pay if they need to miss work for reasons related to COVID-19. Employees can continue to access this paid leave to get tested, vaccinated, self-isolate, or care for a family member. Should the Canada Recovery Sickness Benefit be extended, workers in Ontario have access to the most generous paid sick days program in Canada.
Updates to minimum wage rates across Canada
Although the majority of Mainstay clients pay well in excess of minimum wage, I thought it important to share these changes…
Employers in Ontario, Manitoba, Newfoundland & Labrador and Saskatchewan, will be required to comply with the new increased minimum wage effective October 1, 2021.
Effective October 1, 2021, the general minimum wage in Ontario increased to $14.35 per hour. Under the Making Ontario Open for Business Act this increase is tied to the Ontario Consumer Price Index for 2020.
Similar to Ontario, Saskatchewan’s minimum wage is calculated using an indexation formula. Accordingly, effective October 1, 2021, the minimum wage in Saskatchewan increased to $11.81 per hour.
Manitoba’s minimum wage has also increased. As of October 1, 2021, the minimum wage in Manitoba increased to $11.95 per hour.
Finally, on October 1, 2021, Newfoundland and Labrador introduced its second of two wage increases for 2021. Accordingly, minimum wage in this province is now $12.75 per hour.
Below is a reminder of the general minimum wage rates across Canada.
British Columbia: $15.20 effective June 1, 2021
Alberta: $15.00 effective October 1, 2018
Saskatchewan: $11.81 effective October 1, 2021
Manitoba: $11.95 effective October 1, 2021
Ontario: $14.35 effective October 1, 2021
Quebec: $13.50 effective May 1, 2021
New Brunswick: $11.75 effective April 1, 2021
Nova Scotia: $12.95 effective April 1, 2021
Prince Edward Island: $13.00 effective April 1, 2021
Newfoundland and Labrador: $12.75 effective October 1, 2021
Northwest Territories: $15.20 effective September 1, 2021
Yukon: $15.20 effective August 1, 2021
Nunavut: $16.00 effective April 1, 2020
ALL EMPLOYERS SHOULD READ – OHRC statement on COVID-19 vaccine mandates…
The Ontario Human Rights Commission (OHRC) has released a statement on covid-19 vaccine mandates and vaccine certificates.
The statement is helpful for employers and provides guidance on potential for non-medical code accommodations.
The OHRC confirmed requiring proof of vaccination to protect people at work is generally permissible under the Human Rights Code (“Code”):
“While receiving a COVID-19 vaccine remains voluntary, the OHRC takes the position that mandating and requiring proof of vaccination to protect people at work or when receiving services is generally permissible under the Human Rights Code (Code) as long as protections are put in place to make sure people who are unable to be vaccinated for Code-related reasons are reasonably accommodated. This applies to all organizations.
With respect to non-medical accommodations, the OHRC confirmed a personal belief will not be covered by the Code:
“The OHRC and relevant human rights laws recognize the importance of balancing people’s right to non-discrimination and civil liberties with public health and safety, including the need to address evidence-based risks associated with COVID-19.
Receiving a COVID-19 vaccine is voluntary. At the same time, the OHRC’s position is that a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code. The OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code.
While the Code prohibits discrimination based on creed, personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.”
Please see the attached link below for the full statement:
EMPLOYER WEBINAR – COVID-19: Returning to Work During the 4th Wave in Ontario
We have had several clients reach out wondering about the return to office, vaccination policies, exemptions, accommodations etc.
This seminar below may be of help, but you need to register this week by Monday, September 27, 2021
COVID-19: Returning to Work During the 4th Wave in Ontario
We are pleased to invite you to an upcoming webinar with Blaneys’ Employment Lawyers, Christopher McClelland and Jack Siegel on September 28, 2021 at 12:00 PM EDT.
As Ontario continues to reopen and with virtually all employees eligible for COVID-19 vaccines, many employers are moving forward with a gradual return to the workplace. What guidelines do employers need to follow as part of their reopening plans?
Join us for a discussion about:
- Vaccination policies: What should be included? Can employers insist on employee vaccination?
- The latest on public health measures and health & safety protocols
- Ending, modifying or maintain alternate work arrangements (remote / hybrid)
- Accommodating a returning workforce
- Supporting employees in navigating and enforcing vaccination requirements
This session will end with a Q&A where we will try to answer as many of your questions as possible.
This webinar is complimentary and open to you and your colleagues. We hope you can join us!
To register please click here.
Ontario Releasing Guidance to Support Proof of Vaccination Policy
COVID Vaccination information you may find useful.
As the province continues to respond to the fourth wave of the pandemic driven by the highly transmissible Delta variant, the government is further protecting Ontarians through continued actions that encourage every eligible person to get vaccinated and help stop the spread of COVID-19.
Today the government released the regulations and guidance for businesses and organizations to support them in implementing proof of vaccination requirements, which take effect on September 22, 2021. Requiring proof of vaccination will help increase vaccination rates, protect individuals in higher-risk indoor settings, and keep businesses open.
COVID-19 Vaccination Education Module
We’ve had several clients looking for educational resources around COVID-19 vaccination. The following info is provided by the City Of Toronto and provides a certificate after completion.
COVID-19 Vaccination Education Module
Workplace policies should require workers who do not provide proof of vaccination to complete a vaccination education module with a signed declaration that they understand the risks of COVID-19 and the benefits of vaccination. Employers can use Toronto Public Health’s COVID-19 Vaccination: Understanding the Benefits and Risks module for this purpose.