On January 13, 2021, Ontario enacted regulations to implement the stay-at-home order and an important related requirement for employers that it announced the day prior. Notably, Ontario also declared a state of emergency and announced a suite of other new measures in response to the COVID-19 pandemic on January 12, 2021 (for further details, see our previous blog).
As previously announced, the stay-at-home order requires Ontarians to remain at home unless leaving for certain permitted purposes or activities. To implement the stay-at-home order, the province filed Regulation 11/21: Stay-at-Home Order (“Regulation”) under the Emergency Management and Civil Protection Act, which provides further details on the scope of the order. The Regulation came into effect on January 14, 2021 and will remain in effect until January 27, 2021, unless extended.
The exceptions to the stay-at-home order specified in the Regulation that are relevant to employers are set out in the non-exhaustive list below, along with information on the new related requirement for employers.
Work and volunteering
The Regulation permits individuals to leave their place of residence to work or volunteer where the “nature of the work or volunteering” requires them to do so, including when the individual’s employer has determined that the “nature of the individual’s work” requires attendance at the workplace.
Crucially, Ontario also implemented an important new requirement for employers related to this exception by amending the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 [ROA] through Regulation 10/21: Rules for Areas in Stage 1. Pursuant to this amendment, which also came into effect on January 14, 2021, employers must ensure that any person who performs work for their business or organization works remotely, unless the “nature of their work” requires them to be on-site at the workplace. However, this requirement does not apply to any governmental employer or any publicly funded agency or organization that delivers or supports government operations and services, including those in the health care sector.
School and child care
The Regulation permits individuals to leave their place of residence to:
- attend a school or post-secondary institution;
- attend, obtain, or provide child care; and
- receive or provide training and educational services.
Obtaining goods and services
The Regulation permits individuals to leave their place of residence to:
- obtain food, beverages, and personal care items;
- obtain goods and services necessary for health and safety, including health care services and medications;
- obtain goods and services and perform activities necessary for the safe operation, maintenance, and sanitation of households, businesses, and transportation;
- purchase goods through alternative methods of sale, such as curbside pickup;
- attend an appointment at a business or place that is permitted to be open by appointment;
- obtain services from a financial institution, government services, social services, and mental health and addiction support services;
- obtain animal food or supplies or other goods or services that are necessary for the health and safety of an animal, such as veterinary services; and
- deliver goods or provide care, support, or assistance to an individual who requires it, including to an individual in a congregate care setting.
Takeaways
Although the Regulation empowers employers to determine whether it is possible for any given employee to work from home or remotely depending on the “nature” of their work, it is crucial to note that the newly amended ROA effectively requires most employers to make this determination accurately. Therefore, employers should endeavor to make such determinations reasonably and in good faith. Employers who fail to do so and require and/or permit employees to perform work on-site that could be performed remotely may face serious penalties for violating the ROA.
Details regarding many other measures announced by the province are still forthcoming. We will continue monitoring the progression of these measures and post further updates as they become available.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.