B.C.’s Provincial Health Officer, Dr. Bonnie Henry,[1] and the Public Health Agency of Canada,[2] have recommended that individuals who are not fully vaccinated[3] continue wearing masks in indoor public spaces. At the same time, public authorities are providing little to no guidance on how or when businesses can continue mask requirements ...
On July 1, 2021, B.C. moved into Step 3 of its COVID-19 Restart Plan. As part of this phase, B.C. employers are no longer required to maintain a WorkSafeBC approved COVID-19 Safety Plan. Instead, they are required to transition to a Communicable Disease Prevention Plan. What is a Communicable Disease Prevention Plan? It is a plan that outlines the steps an employer is taking to reduce the risk to their workers from communicable diseases in their workplace ...
With increasing numbers of Canadians being immunized each day against COVID-19, the question on many peoples’ minds is whether Canadians will be asked to prove they are vaccinated by way of a vaccine passport. Vaccine passports can take a range of forms, but the defining feature is a verified record of a person’s immunization status ...
Commercial landlords have, in the past year and a half, dealt with many novel issues in relation to COVID-19, often on an emergency basis. Few landlords have had to deal with both public health order violations and gang crime relating to the same tenant, as in a recent decision of the B.C. Supreme Court, Ivy Lounge West Georgia Limited Partnership v. TA F&B Limited Partnership, 2021 BCSC 997 ...
Virtual shareholder meetings have become ubiquitous for both public and private companies since the onset of the COVID-19 pandemic. Canadian securities regulators, stock exchanges and federal and provincial governments quickly responded to accommodate electronic meetings where it was otherwise not permitted. In British Columbia, Ministerial Order No ...
The Government of B.C. has tabled legislation which, for now, entitles employees to three paid sick days for leave related to COVID-19. Employers will be required to pay employees their full wages (based on an average of the prior 30 days). The proposed law (Bill 13) also allows for a permanent paid sick leave to be prescribed in the future. The B.C ...
As we look forward to returning to our normal routines, after we have all had the opportunity to be vaccinated, many people are wondering what permanent workplace changes will remain in place or will be introduced for workers; as well as the pets they either acquired or became more attached to during quarantine. I am certain my dog thinks I decided to stay home with him all day because he is so wonderful (which he is) ...
Mask wearing indoors has become a ubiquitous part of the COVID-19 experience. The B.C. government mandated mask wearing in November of 2020 for most indoor public settings. Those orders are premised on face coverings helping to prevent, respond to or alleviate the spread of COVID‐19, when used with other protective measures. Some members of our society have physical, cognitive, or psychological disabilities that make mask wearing unduly difficult or unsafe ...
In 2020, as offices and workplaces across Canada closed or reduced staffing capacity due to COVID-19, many Canadian workers who normally performed work at their employer’s worksite were suddenly required to work from home, either fully or partially. While this has not always been an easy transition, the silver lining is that such workers may be eligible for an income tax deduction in respect of their work-from-home situation ...
Now that we have persevered through one year of the COVID-19 pandemic, much has been written about pandemic fatigue and associated social isolation, mental stress, and anxiety. Employers may be seeing an increase in the incidence of mental illness claims in their workplaces ...
On November 24, 2020, British Columbia issued a Public Health Order requiring the use of masks in all public indoor spaces in the province (the “Order”). In this blog post, we answer some frequently asked questions posed by business owners and employers about the Order. Mandatory Masking in Public Indoor Spaces Masks are now mandatory in all “indoor public spaces” in B.C ...
Terminating the employment of an employee is never easy. There are many things to consider from both a practical and legal perspective. The more prepared you can be the better. While not exhaustive, set out below are some questions every employer should be asking themselves before they terminate the employment of any non-union employee on a “without cause” basis ...
In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19. As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Newfoundland, and the federal government have introduced these new leaves ...
On November 9, 2020, the federal government announced a further temporary extension to permitted layoff periods for federally regulated private-sector employees. Background In June of 2020, the federal government extended the time periods for layoffs under the Canada Labour Standards Regulations to allow federally regulated private-sector employers more time to recall laid-off employees ...
On September 17, 2020, the British Columbia government released its economic recovery plan for the province, Stronger BC for Everyone: BC’s Economic Recovery Plan. The plan details various new support measures for B.C. businesses, including a new refundable tax credit for employers. The B.C ...
As courts cautiously resume in-person hearings across the country, there is looming uncertainty about when—or if—civil jury trials will ever resume. For instance, B.C. and some regions in Ontario have announced that civil jury trials are suspended until at least 2021—and Ontario is considering whether to abolish them altogether ...
In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19. As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Newfoundland, and the federal government have introduced these new leaves ...
In our earlier two blog posts, Returning the Workplace to Safe Operation: Part 1, Part 2, we addressed the occupational health and safety issues surrounding returning the workplace to safe operation. This blog post addresses the employment issues related to managing the return of employees to the workplace from temporary layoff or working from home ...
Since the start of the spread of COVID-19 in Canada, the federal and provincial governments have announced various programs and subsidies to help Canadian businesses survive in light of the challenges posed by necessary social distancing measures, as discussed in our previous blog post here ...
As businesses begin to reopen, many organizations will examine ways to protect their workers and attract returning customers. Various mechanisms to screen customers for COVID-19 risks will become more common. Examples include providing customers with questionnaires regarding their travel history, exposure to others, and symptoms, or temperature scanning before entry. Organizations will be permitted to screen individuals in a reasonable manner, depending on the circumstances ...
The Canadian government, concerned about the impact of COVID-19 on corporate valuations, has issued guidance that it will pay particular attention to foreign direct investments of any value (meaning, even investments that are not subject to review under the Investment Canada Act (the “ICA”)). The government’s announcement does not amend the ICA, nor any thresholds for review ...
This is the first in a two part series on 'Returning the Workplace to Safe Operation. Part two will be posted on Tuesday, May 19. Part 1: New occupational health and safety requirements to ensure your workplace is safe from the spread or introduction of COVID-19 Canadian provinces and territories are now beginning the gradual process of reopening the economy in the wake of COVID-19. In B.C., on May 6, 2020, the Provincial Government announced its four phase Restart Plan ...
On May 4, 2020, the B.C. government passed an Order in Council to add a new provision to the BC Employment Standards Regulation (the “Regulation”) during the current provincial state of emergency. Temporary layoffs related to COVID-19 can now last up to 16 weeks in a 20 consecutive week period without triggering termination of employment. This is the second change to B.C. employment standards legislation since the start of the COVID-19 pandemic ...
The global pandemic of the disease caused by a novel coronavirus, COVID-19, has caused unprecedented disruption to global supply chains and consumer demand and resulted in government-mandated restrictions to almost all businesses. Many companies, small and large, are facing insolvency and forced to make rapid decisions about what steps that they should take. Directors of companies have certain obligations under both common law and the laws of Canada and the provinces ...
On April 30, 2020, WorkSafeBC announced it is moving forward with adding COVID-19 to the list of diseases for which there is a presumption of it being work-related. Employers will now have to rebut the presumption that a worker caught COVID-19 at work to have the claim denied. Addition to the list typically takes between 18-24 months, but WorkSafeBC is hoping to expedite and complete the process in 6 months ...
