As the legal landscape evolves with special measures in response to COVID-19, CCPartners will be updating the below chart to reflect legal amendments in all Canadian Jurisdictions.
As of March 25, 2020
Jurisdiction |
Notable Developments |
Federal |
The federal government announced that it will provide up to $27 billion in direct support to Canadian workers and businesses, plus $55 billion to meet liquidity needs of Canadian businesses and households through tax deferrals to help stabilize the economy. These funds will go towards a number of measures to provide financial relief for employers and workers in relation to COVID-19, such as:
Access the government’s webpage here for more information. |
British Columbia |
British Columbia has declared a state of emergency and ordered all business and organizations that cannot meet social distancing requirements to close. All schools have been indefinitely closed. BC has announced a job protected leave related to COVID-19. An employee can take this leave if they’re unable to work for any of the following reasons:
The COVID-19 leave is retroactive to January 27, 2020, the date that the first presumptive COVID-19 case was confirmed in British Columbia. During this public health emergency, employees can take this job-protected leave for the reasons above as long as they need it, without putting their job at risk. Employers are prohibited from asking employees for a doctor’s note. Once it is no longer needed, this leave will be removed from the Employment Standards Act. The government also introduced a new personal illness or injury leave to support employees on an on-going basis. This leave will provide up to 3 days of unpaid, job protected leave each year for employees who can’t work due to personal illness or injury. To qualify for this leave, employees must have worked for their employer for at least 90 days. The government also announced an Emergency Benefit for Workers which will provide a one-time $1,000 payment to people who lost income because of COVID-19. A number of tax payments for businesses have also been deferred (see here) |
Alberta |
The government of Alberta has declared a public health emergency. The government also announced changes to the Employment Standards Code, which will allow employees to take 14 days of paid, job-protected leave if they are:
Employees:
This leave is intended to cover the self-isolation period recommended by Alberta’s chief medical officer. It does not apply to self-employed individuals or contractors. The government has also announced a number of other financial measures to support businesses (see here) |
Saskatchewan |
The Employment Act has been amended to guarantee access to unpaid job protected leave during the COVID-19 pandemic – effective retroactively on March 6. Amendments include:
The Public Health Emergency Leave is intended for employees to assist in protecting their jobs during leaves as ordered by:
Employees who are required to isolate themselves or care for their child or family member are eligible. Employees will be entitled to leave for the length of time they are ordered by their employer, government, their doctor or the chief medical health officer to remain away from work. The Public Health Emergency Leave is an unpaid leave. However, employees are entitled to be paid their regular wages if their employer authorizes them to work from home during the period of time as set out by the order of the chief medical health officer or government. Under the Public Health Emergency Act, employees do not have to have worked for an employer for any set time in order to take Public Health Emergency Leave. Saskatchewan is currently developing a Self-isolation Support Program to supports workers who must isolate and are not covered by the federal government’s EI program and other supports. The program will provide $450 a week, for a maximum of two weeks ($900). To be eligible, residents of Saskatchewan must meet these criteria:
AND
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Manitoba |
The Manitoba government has declared a state of emergency. Schools have been closed and public gatherings are limited to 50 people (exemptions for retail businesses, etc.). Visitor access to hospitals has been suspended and visitor access at long-term care facilities is also subject to significant restrictions. All gaming events and wellness centers (i.e. gyms) have been closed |
Ontario |
The Ontario government introduced legislation amending the Employment Standards Act, 2000 by providing for a new job protected leave of absence where an employee:
This amendment also prohibits employers from requiring sick notes from employees to access the new leave of absence related to COVID-19. The Ontario government has also enacted a declaration of emergency and ordered the mandatory closure of all non-essential workplaces. |
Quebec |
On March 13, 2020, the government of Quebec declared a state of health emergency allowing it to exercise additional powers to help control the spread of COVID-19. As of Midnight March 24, 2020, all face-to-face business and commercial activity in the province will cease with the exception of essential services. A list of “essential services” is available here. The province has also established a Temporary Aid for Workers Program to provide financial assistance to workers who are unable to work because they are in isolation and are not eligible for another financial assistance program. More information on this program is available here. Quebec’s Occupational Health and Safety Commission has also established a FAQ resource, which addresses a number of common compensation, labour standards and occupational health and safety questions. That guide can be found here. |
New Brunswick |
On March 19, 2020, the government made a Declaration of Emergency and Mandatory Order. As a result of this declaration:
Some other measures include:
See the full list and other resources for employers here. The government has also announced that it will provide a one-time income benefit to either workers or self-employed people in New Brunswick who have lost their job due to the state of emergency. This one-time $900 benefit will be administered through the Red Cross and will help to bridge the time between when people lose their employment or close their business and to when they receive their federal benefit. |
Nova Scotia |
On March 22, 2020, Nova Scotia declared a state of emergency. Anyone who enters the province must self-isolate for 14 days (exceptions for essential workers, etc.). There are to be no gatherings of more than 5 people (essential businesses are exempt). The government has also ordered:
Those who violate these orders will be fined. |
Newfoundland and Labrador |
The Newfoundland and Labrador government has declared a public health emergency. Gatherings over 10 people are prohibited. The following facilities are ordered to close:
Schools, daycares, and the courts have all been closed as well. Anyone arriving to Newfoundland and Labrador after March 14 is required to self-isolate. |
Prince Edward Island |
P.E.I. has declared a public health emergency and established a $25 million COVID-19 Emergency Contingency Fund. Non-essential government services are cancelled and theaters, bars, and restaurants have been ordered to close. The province has provided information online to assist employers, which is available here. The province has also established a toll-free number (1-866-222-1751) for PEI business with questions about COVID-19. Employers have been advised to take the following precautions:
The government also recently announced that they will provide the following financial support for businesses:
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Northwest Territories |
The government has declared a territory-wide public health emergency. All travel into the Northwest Territories by non-residents has also been prohibited (exemptions for essential workers). The GNWT has put together an initial economic relief package valued at $13.2 Million dollars that will take effect immediately. This package will include waiving fees, deferring payments, and low interest loans (more information here) |
Nunavut |
Nunavut has declared a public health emergency. It has announced significant travel restrictions with only residents allowed to travel into the province (with limited exceptions). All public gatherings have been prohibited (retail businesses providing essential services are exempt). |
Yukon |
The Yukon government declared a public health emergency. Gatherings of more than 10 people are banned. Restaurants must reduce seating capacity by 50%. All bars and personal service business must close. The Yukon government introduced an economic stimulus package to support local workers and businesses impacted by COVID-19. This money is being made available to help offset the negative impacts of the evolving global situation. The stimulus package will:
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.