23 October 2020,
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As COVID-19 covid 19 cases continue to rise at an alarming rate, a declaration of emergency and provincewide Stay-at-Home order are in effect as of Thursday, April 8, at 12:01 a.m. [4] Except if the facility is a correctional institution operated or maintained by a member of the Executive Council, other than the Minister, or a person or penitentiary operated or maintained by the Government of Canada. The Ontario government has issued a list of categories of essential workplaces that are permitted to remain open, under the authority granted under the Emergency Management and Civil Protection Act (Ontario), as the province responds to the evolving COVID-19 outbreak. Late in the evening of Saturday, March 21, 2020, the Ontario government announced a new temporary order under the March 17, 2020 declaration of emergency (discussed in further detail here) that gives certain health service providers broad new powers to cope with the COVID-19 pandemic (the “Order”). A provincewide Stay-at-Home order is in effect and everyone is required to remain at home except for essential purposes. [12] Government of Ontario LTC, supra note 10. On March 17, 2020, the Ontario Government declared an emergency under the Emergency Management and Civil Protection Act (the “Act”) as a result of the COVID-19 outbreak. At the time of writing, Alberta, British Columbia, Newfoundlan… [17]  Supply shortages, competing stakeholders, and conflicting guidance from various public health authorities further complicates matters. In light of these new powers afforded to Health Service Providers and LTC Providers, it is necessary to consider what recourse workers may have to refuse work or challenge such a redeployment. FTR Now Ontario Declares Emergency, Issues Stay-at-Home Order. It also identifies what measures should be implemented when the supply chain is restored, together with a checklist to optimize the current supply of N95 respirators. [22] The current CDC guidance is available here. This includes, but is not limited to, the authority to do the following: As described above, the Order affords Health Service Providers the authority to identify staffing priorities and develop, modify and implement redeployment plans. Otherwise, they may be less willing to take on the heightened risks inherent in a public health crisis, even if authorities attempt to legally coerce them do so. Ontario's colour-coded reopening framework operates under the Reopening Ontario Act. Approved and Ordered: … Figure out if you meet the test. 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However, the OHSA provides that this right to refuse work does not apply to certain workers, including a person employed in the operation of a hospital, sanatorium, long-term care home, psychiatric institution, mental health centre or rehabilitation facility, ambulance service or a first aid clinic or station when (a) the circumstance is inherent in the worker’s work or is a normal condition of the worker’s employment, or (b) the worker’s refusal to work would directly endanger the life, health or safety of another person.[15]. Although the declared Emergency has ended, almost all orders made under Ontario's Emergency Management and Civil Protection Act ("EMPCA") will remain in effect as orders under Bill 195. Quite the opposite, lessons learned from SARS suggest that worker engagement is key to effectively navigating the current circumstances. Date: January 14, 2021 On January 12, 2021, the Ontario government declared a second emergency under the Emergency Management and Civil Protection Act (EMCPA) in light of the surging COVID-19 cases in Ontario. As a result, it is unsurprising that the Order and the LTC Order aim to empower vital Health Service Providers and LTC Providers to be as responsive and nimble as possible in order to respond to these constantly evolving demands. The Government of Ontario has issued two emergency orders in response to soaring COVID-19 cases, hospitalizations, and ICU admissions across the province. TORONTO -- The ROA was passed to ensure important measures remained in place after Ontario’s emergency declaration ended. [23], Given the lessons learned from the SARS outbreak as well as the dedication of all workers and professional staff at hospitals and other health facilities, health care workers clearly understand the continuum of safety measures and reasonable precautions that an employer can take to protect staff in this rapidly evolving environment. Under the ROA, orders can be extended for up to 30 days at a time. Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (“Bill 195“) formally ended the declared COVID-19 Emergency in Ontario on July 24, 2020. The Order and directives issued under the Emergency Management and Civil Protection Act[2] (“EMCPA”) reflect the government’s public duty to protect Ontarians in general. Other provinces have taken steps to close public and private spaces and limit large gatherings. Ontario is extending its emergency orders for another 10 days, the same day the province reported an additional 455 cases, 68 of which were the result of a reporting delay. Existing emergency orders may be subject to extension by the province. On April 9, 2021, the Ontario government announced that it has made two orders under the Emergency Management and Civil Protection Act (EMCPA). Coronavirus vaccination tracker: How many people in Canada have received shots? Full vaccine coverage at CTVNewsToronto.ca/Vaccines. and in any event by no later than 5:00 p.m. on Friday, April 17, 2020, each Affected Employee must notify their employer(s) Changes will come into effect as of 12:01 a.m. on April 17. [22]. Let us help you stay up to date. As a result of the rapid increase in transmission rates of COVID-19 and its variants, Ontario declared a third provincial emergency. [21] In response to the change in the IPAC Recommendations to remove the recommendations regarding use of N95 respiratory protection: “Staff must safely use all appropriate PPE including gloves, gown, goggles or eye protection and fit tested N95 respirators for clinical assessment, examination and testing. [7] Regulation, supra note 1 at Schedule A, section 3(i). a municipality or board of management that maintains a long-term care home under Part VIII (Municipal homes and First Nations homes) of the LTC Act, the authority to redeploy staff to work in COVID-19 Assessment Centres; and. The determination of what is “reasonable in the circumstances” is therefore not a static decision but must be continually assessed in consultation with the employer’s internal and external stakeholders taking into account all relevant information at the particular time. The Order explicitly states that this power includes the authority to do the following: Importantly, The Order expressly provides that a Health Service Provider may implement such redeployment without complying with provisions of a collective agreement, including lay-off, seniority/service or bumping provisions. This is a significant consideration in particular because of the paramountcy of the provisions and regulations of the OHSA over anything in any general or special act. for frontline health care workers, ongoing since the 2013 outbreak of severe acute respiratory syndrome (SARS), illustrates just how complicated it can be to determine what are reasonable measures of protection. The details were announced during the province's daily news conference on April 16. medical procedures, providing CPAP and/or open suctioning performed on suspect or confirmed COVID-19 patients. Accordingly, during the current COVID-19 crisis employers should ensure that input from workers is appropriately sought and considered to ensure all committed stakeholders remain engaged and committed to the safe delivery of services during the pandemic. Emergency orders currently in force under the EMCPA (as of July 24, 2020) will remain in effect for an initial period of thirty days. Emergency orders currently in force under the EMPCA (as of July 24, 2020) will remain in effect for an initial period of thirty days. This creates a complex environment to navigate for hospitals and other health care providers as there will be competing demands between continuing operations, offering care to the public and discharging their responsibility to implement precautionary care principles for workers. a person or entity that operates a hospital within the meaning of the, a person or entity that operates a psychiatric facility within the meaning of the. The guidance identifies acceptable alternatives when the supply chain cannot meet the demand for the recommended products. [23] Passamai, Mario A. The full list of orders being extended by the Ontario government can be found here. As the response to COVID-19 is evolving rapidly, from a business continuity perspective, we encourage everyone to continue to stay informed as new developments arise. Although the IPAC recommendations reference that changes have been made because new information has become available, Ontario’s approach has been criticized, with one author suggesting “… COVID-19 is not known to be transmitted by  aerosols, but the missing qualification is that this is only because it has not yet been studied.”; see National Union of Public and General Employees (NUPGE) and Health Sciences Association of BC (HSA), Respiratory Protection for Health Workers Caring for COVID-19 Patients (March 19, 2020), Available: https://nupge.ca/sites/default/files/documents/COVID-19%20HSABC%20NUPGE%202020%20Paper.pdf. Late in the evening of Saturday, March 21, 2020, the Ontario government announced a new temporary order under the March 17, 2020 declaration of emergency (discussed in further detail here) that gives certain health service providers broad new powers to cope with the COVID-19 pandemic (the “Order”). We believe that our success is a reflection of our clients' success. Declaration of emergency and provincewide Stay-at-Home order. An urgent motion without notice is sometimes called an emergency motion or an ex parte motion. Author(s): On March 21, the Government filed a further Order under the Act providing certain health service providers with broad authority to address staffing and work deployment needs relating to COVID-19. The orders currently in force under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (ROA) remain in effect until January 20, 2021. [14] Therefore, it is important for employers to understand that their statutory duty to take every reasonable precaution to protect their workers still prevails in the context of state of emergency declarations and related orders. Pursuant to Ontario Regulation 74/20 made under the EMCPA, the Order applies province-wide to: (collectively, “Health Service Providers”).[5]. For example, a recent research paper reviewing the current published online advice for health care workers (ranging from provincial to international guidance) confirms that the best practice for personal protective equipment specific to COVID-19 is to use N95 respiratory protection. [25] However, this does not mean that employers can ignore their duties to engage and protect their workers under the OHSA. [1] Ontario Regulation 74/20, made under the Emergency Management and Civil Protection Act [Regulation]; see also Ministry of Health, “Ontario Takes Extraordinary Steps to Ensure Health Care Resources are Available to Contain COVID-19” (March 21, 2020) Government of Ontario, available: https://news.ontario.ca/mohltc/en/2020/03/ontario-takes-extraordinary-steps-to-ensure-health-care-resources-are-available-to-contain-covid-19.html [Government of Ontario]. Ontario issues emergency orders to bolster hospital capacity as cases soar 2021-04-09. They understand that the reasonable precautions have to be rooted in the concept of furthering health equity and continuously analyzed and reassessed due to emerging factors such as the anticipated shortage of N95 masks. Essentially, these measures would allow for the redeployment of staff without restriction or delay.[9]. Ontario's colour-coded reopening framework operates under the Reopening Ontario Act. In fact, this concept of worker engagement is encoded in the OHSA in the form of the requirement to establish and maintain a joint health and safety committee of which at least half of the members must be employed at the workplace and not exercise managerial functions.[24]. The Canadian Civil Liberties Association called the Reopening Ontario Act an “undemocratic power grab,” which gives the Premier and his Ministers the ability to impose emergency orders that “drastically curtail basic rights and freedoms” without the “need to engage in the legislative process or involve members of the Legislative Assembly.” Quebec redirects COVID vaccinations from Olympic Stadium because of weekend protest. After all of that, you must bring a motion for temporary custody. To whom these new powers apply, what they allow, and how these powers differ from those granted to other health care service providers such as long-term care licensees; considerations relating to health care providers’ unique status under the OHSA and workers’ rights to refuse work in connection with orders made under the EMCPA; and. Specifically, the provincial Cabinet made an order under s. 7.0.1 of the EMCPA. While this is quite broad, the Order provides greater clarification as to what this will entail from a practical perspective. In cases of a public welfare emergency, a natural disaster, disease or accident, the federal government may enact similar orders to those permitted under the Ontario legislation. redeploying staff within different locations in (or between) facilities of the particular Health Service Provider; redeploying staff to work in COVID-19 Assessment Centres; changing the assignment of work, including assigning non-bargaining unit employees or contractors to perform bargaining unit work; changing the scheduling of work or shift assignments; deferring or cancelling vacations, absences or other leaves, regardless of whether such vacations, absences or leaves are established by statute, regulation, agreement or otherwise; employing extra part-time or temporary staff or contractors, including for the purposes of performing bargaining unit work; using volunteers to perform work, including to perform bargaining unit work; and. 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