Ontario’s Latest Lockdown and a New Grant for Small Businesses

Ontario lockdown January 2021

Photo by Glen Carrie on Unsplash

Happy New Year to our readers! In Ontario, we begin the new year in yet another lockdown situation, which has forced many many small businesses to switch back to curbside pick-up only or, in some cases, stop operating. In southern Ontario, the lockdown will remain in effect until at least January 23, 2021. Full details of the lockdown rules can be found in O. Reg. 779/20, which came into effect on December 26, 2020.  

Staying Open? Make A Safety Plan!

For businesses that remain open and in-person, employers are required to prepare and make available a safety plan. Physical distancing and applicable capacity limits, as set out in O. Reg. 779/20 must be followed. 

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Special Bonus Holiday Blog! Hilary’s 2020 Favourites

What a wild ride 2020 has been. Our offices are closed this week and our team is (hopefully) enjoying a well-deserved vacation. While most of our 2020 blogging has been Covid-19 related, and while much of our blogging does tend to revolve around legal updates, occasionally a “fun” employment topic makes its way onto the blog. For today’s post, I thought I’d pick out a few of my all-time (definitely non-Covid-19) favourite posts to revisit.

Dress Code Rules: What’s wrong with saying “no hot pants”?


This blog attracted a lot of eyeballs – thank you Google Analytics! Dress codes are one of the sneaky ways that employers often still discriminate. I know it’s been awhile since we’ve all been to a Jack Astors or a Hooters,  but you should know that legally the female waitresses should be allowed to dress exactly like the men and vice versa.

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New! IDEL Extension Until July 3, 2021

We had a feeling this might happen! And it has. The Ontario government has extended the length of the Deemed Infectious Disease Emergency Leave (IDEL) AGAIN! Enacting O. Reg 765/20, amending O. Reg 228/20 both under the Employment Standards Act (ESA). 

We have been warning our clients – and webinar attendees – about the upcoming January 2, 2021 end to the Deemed IDEL – it has now been extended to July 3, 2021. 

What is a Deemed IDEL? 

Employees who were laid off or had their hours reduced from March 1, 2020, until July 3, 2021, are on a deemed IDEL. During normal times, we would consider these employees to just be laid off but these regulations convert any reduction in hours – including all the way to ZERO hours and ZERO pay – to be deemed IDELs and not layoffs. 

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Vaccination and the Workplace

Now that Canada has started to administer its first COVID-19 vaccine shots, many employers are wondering if they can require their workers to get vaccinated? A workplace mandate for vaccination seems like sensible risk management after a year of devastating costs for employers due to the pandemic. 

What if My Employee Refuses to be Vaccinated?

But what can an employer do if an employee refuses to be vaccinated? As long as your employees are not unionized, in theory, employers have the right to terminate employment without cause for any reason unless it’s discriminatory. As long as the requirement or any policy related to vaccination doesn’t infringe on any human rights protection owed to the employee, the requirement is not discriminatory.

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Canada Emergency Wage Subsidy Update

The federal government has once again extended the Canada Emergency Wage Subsidy (CEWS) and made changes to the eligibility criteria. 

While most businesses will want to work with an accountant to apply and determine their subsidy amount, the government does provide lots of good information on the CEWS FAQ page, this CEWS information page and the application page. 

Here are some highlights of the latest version of the CEWS:

  • CEWS extended until June 2021.
  • Maximum subsidy amount of 65% for periods 8 – 10 (September 27, 2020 – December 19, 2020). This is a maximum weekly benefit of $734 per employee and requires employers to show a revenue drop of 70% of more.  
  • Employers with any amount of revenue drop will be eligible for some amount of subsidy.
  • Deadline to apply is January 31, 2021, or 180 days after the end of the claim period, whichever comes later. 
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Free legal updates webinar: 2020 Wrap-Up & Your Questions Answered

What a year it has been in the world of employment law! For our final webinar of 2020, join Lisa Stam and Hilary Page for a quick overview of important legal updates/the current lay of the land, along with an ‘open mic’ for your pressing questions. Register today for our free SpringForward Legal Updates webinar – 2020 Wrap-Up & Your Questions Answered.  Then click here to submit your questions in advance. Date: Wednesday, December 16, 2020…

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