Table of Contents
2020 — COVID-19 : Canadian Occupational Health and Safety Legislation
Created: April 2020
Prepared by CCOHS
Although many are working in unprecedented circumstances, Canadian employers and workers retain their rights and responsibilities with respect to health and safety at work. Listed below is an overview of legislation in all Canadian jurisdictions that has been enacted or amended in response to the current COVID-19 pandemic. In addition, this page references additional legislation that may be relevant to workplaces as they progress through this pandemic.
Legislation interpretation and enforcement varies by jurisdiction, please review your local requirements and restrictions to ensure you are promoting a healthy and safe workplace and workforce. If necessary, contact your jurisdiction as listed in Canadian Governmental Occupational Health & Safety Departments (http://www.ccohs.ca/oshanswers/information/govt.html).
Also listed below, you will find timely resources with external links to credible government and non-government resources to help workplaces and workers respond to a wide range of issues related to COVID-19 and the pandemic.
This list is prepared by CCOHS as part of the Canadian enviroOSH Legislation service . This service is a comprehensive and easy to search compilation of the full text of Canadian health, safety and environmental legislation and critical guidelines and codes of practice from all jurisdictions. All the legislation is compiled into one convenient location and is regularly updated with amendments highlighted.
Resources Relevant Across Jurisdictions
Coronavirus disease (COVID-19) advice for the public including: Getting your workplace ready for COVID-19 (World Health Organization)
This document gives advice on:
1. Simple ways to prevent the spread of COVID-19 in your workplace
2. How to manage COVID-19 risks when organizing meetings and events
3. Things to consider when you and your employees travel
4. Getting your workplace ready in case COVID-19 arrives in your community.
A Cross-Canada Review of New Rules and Regulations Relating to Leave of Absences in Response to COVID-19 (Gowling WLG)
A summary of the new rules and regulations for leaves of absence covering all Canadian jurisdictions.
COVID-19 Quick-Reference Considerations for Employers (Osler, Hoskin & Harcourt LLP)
Quick information for employers amid the COVID-19 pandemic.
COVID-19: Emergency Measures Tracker (McCarthy Tétrault LLP)
This document provides summaries of the emergency measures that have been imposed in each of the Canadian jurisdictions.
Sick Leave across Canada (Canadian Labour Congress)
COVID-19: Can they do that? Part V: Roundup: Manitoba, New Brunswick, Newfoundland and Labrador, the NWT, Nova Scotia, Nunavut, P.E.I., Saskatchewan and Yukon (McCarthy Tétrault LLP)
Canada
Acts and Regulations – Key Excerpts (Federal Jurisdiction)
Canada Labour Code (RSC 1985, c L-2)
Part III, Standard Hours, Wages, Vacations and Holidays
Section 168.1, Leave — entitlement without certificate
168.1 (1) Despite any provision of this Part and the regulations made under this Part, an employee may exercise their entitlement to and shall be granted a leave of absence under section 206.3, 206.4 or 239 even if a certificate is not issued by a health care practitioner. The conditions and requirements in those sections with respect to such a certificate are deemed to be of no effect.
(2) Despite subsection 207.3(4), an employee is not required to provide the employer with any documentation referred to in that subsection in respect of a leave of absence taken under section 206.4.
(3) This section is repealed on September 30, 2020.
Section 187.1, Interruption
187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).
(2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206, 206.1 and 206.3 to 206.9 and resumes the vacation immediately at the end of that leave, section 209.1 applies to them as if they did not resume the vacation before returning to work.
(3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.
(3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(7) applies to them as if they did not resume the vacation before returning to work. […]
Section, 187.2, Postponement
187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends. […]
Section 206.1, Parental Leave
[…]
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). […]
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g). […]
(4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).
(4.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1).
Section 207.2, Notification to employer — interruption for child’s hospitalization
207.2 (1) An employee who intends to interrupt their maternity or parental leave in order to return to work as a result of the hospitalization of his or her child shall provide the employer with a notice in writing of the interruption as soon as possible. […]
(3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under section 206 or 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsection 206.1(3) and section 206.2 are extended by the same number of weeks.
Section 239, Medical Leave
[…]
239. (1.1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 16 weeks as a result of quarantine. [In force October 1, 2020]
DIVISION XIII.01, Leave Related to COVID-19
239.01(1) Subject to subsection (2), every employee is entitled to and shall be granted a leave of absence from employment of up to 16 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19).
(2) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.
(3) An employee must, as soon as possible, give written notice to the employer of any change in the length of the leave of absence taken under this Division.
(4) The employer may require an employee to provide a written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave.
(5) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.
(6) Subject to subsection (7), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.
(7) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.
(8) The pension, health and disability benefits and the seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.
(9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
(10) An employer who pays contributions in respect of a benefit referred to in subsection (8) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
(11) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (9) and (10), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.
(12) For the purposes of calculating benefits, other than benefits referred to in subsection (8), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence.
(13) The Governor in Council may, by regulation,
(a) define terms for the purposes of this Division; and
(b) fix a number of weeks for the purpose of subsection (1).
Emergency Management Act (S.C. 2007, c. 15)
Emergencies Act (R.S.C. 1985, c. 22 (4th Supp.)
Section 6, Declaration of a Public Welfare Emergency
6. (1) When the Governor in Council believes, on reasonable grounds, that a public welfare emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 14, may, by proclamation, so declare.
(2) A declaration of a public welfare emergency shall specify
(a) concisely the state of affairs constituting the emergency;
(b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
(c) if the direct effects of the emergency do not extend to the whole of Canada, the area of Canada to which the direct effects of the emergency extend.
Quarantine Act (S.C. 2005, c. 20)
Quarantine Regulations (C.R.C., c. 1368)
P.C. 2020–175 Federal Quarantine Order(March 24, 2020)
P.C. 2020-0370 Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) (May 21, 2020)
P.C. 2020-0442 Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from United States) (June 08, 2020)
Government Resources (Canada)
Canada’s COVID-19 Economic Response Plan (Government of Canada)
Information to support Canadians and businesses facing hardship as a result of measures taken to respond to the current COVID-19 pandemic.
Coronavirus disease (COVID-19): Being prepared (Government of Canada)
COVID-19 is a serious health threat, and the situation is evolving daily. Prepare and protect yourself from respiratory illness, including COVID-19.
Coronavirus disease (COVID-19): For businesses and employees (Government of Canada)
Resources for businesses and employers amid the current COVID-19 pandemic.
Guidance for employers of Temporary Foreign Workers regarding COVID-19 (Employment and Social Development Canada)
Further to recent announcements by the Government of Canada to facilitate the entry of foreign workers while taking steps to minimize the spread of the coronavirus (COVID-19), this document outlines the expectations for employers.
Preventing COVID-19 in the workplace: employers, employees and essential service workers (Public Health Agency of Canada)
Explains measures to prevent the spread of COVID-19 in the workplace.
Risk mitigation tool for workplaces/businesses operating during the COVID-19 pandemic (Public Health Agency of Canada)
A framework to limit risk to public health in workplaces/businesses during the COVID-19 pandemic.
Routine practices and additional precautions for preventing the transmission of infection in healthcare settings (2013) (Public Health Agency of Canada)
The purpose of this federal guideline, Routine Practices and Additional Precautions for Preventing the Transmission of Infection in Healthcare Settings is to provide a framework for developing policies and procedures for routine practices and additional precautions in healthcare settings.
Alberta
Acts and Regulations – Key Excerpts (Alberta)
Emergency Management Act (R.S.A. 2000, c. E-6.8)
Section 18, Declaration of state of emergency
[...] (4) Unless continued by a resolution of the Legislative Assembly, an order under subsection (1) expires at the earlier of the following:
(a) at the end of 28 days, but if the order is in respect of a pandemic influenza, at the end of 90 days;
(b) when the order is terminated by the Lieutenant Governor in Council.
Government Emergency Management Regulation (Alta. Reg. 248/2007)
Public Health Act (R.S.A. 2000, c. P-37)
Section 52.1 State of public health emergency
Section 52.2 Local state of public health emergency
Section 52.21 Significant likelihood of pandemic influenza
Section 52.3 Contents Order
Section 52.4 Publication of Order
Section 52.5 Notice to Minister
Section 52.6 Powers during emergency
52.6(1) On the making of an order under section 52.1 or 52.2 and during the state of public health emergency the Minister or the regional health authority may do any or all of the following for the purpose of preventing, combating or alleviating the effects of the public health emergency and protecting the public health:
(a) acquire or use any real or personal property;
(b) authorize or require any qualified person to render aid of a type the person is qualified to provide;
(c) authorize the conscription of persons needed to meet an emergency;
(d) authorize the entry into any building or on any land, without warrant, by any person;
(e) provide for the distribution of essential health and medical supplies and provide, maintain and co-ordinate the delivery of health services.
Bill 10, Public Health (Emergency Powers) Amendment Act, 2020
CMOH Order 25-2020 Prohibition of gatherings involving more than 50 people (June 12, 2020)
Updated requirements for health care facilities in Alberta, including restrictions on movement of staff members between health care facilities; and revision of operational protocols and outbreak standards (April 10, 2020)
CMOH order 23-2020 which amends CMOH order 10-2020 : 2020 COVID-19 response
O.C. 80/2020 Declaration of a state of public health emergency (17 mars 2020)
Ministerial order no. 612/2020 (Health)
Modifications to the Public Health Act, defining those subject to self-isolation/quarantine (March 25, 2020)
Ministerial order no. 625/2020 (Health)
Modification of the Public Health Act to allow the Chief Medical Officer of Health to require a health care facility operator to provide information related to the purpose of restricting the movement of staff members among health care facilities (April 17, 2020)
Employment Standards Code, Chapter E 9
Division 7.5, Long-term Illness and Injury Leave
Section 53.97, Entitlement to leave
53.97(1) Subject to subsections (2) to (4), an employee who has been employed by the same employer for at least 90 days is entitled to unpaid leave due to the illness, injury or quarantine of the employee.
(2) For the purpose of subsection (1) the amount of leave under this Division must not exceed 16 weeks in a calendar year.
(3) The employee must provide to the employer a medical certificate stating the estimated duration of the leave.
(4) The employee must provide a copy of the medical certificate under subsection (3) before commencing leave under this Division unless the employee is unable to do so, in which case the employee must provide the certificate as soon as is reasonable and practicable in the circumstances.
(5) An employee who wishes to take leave under this Division must give the employer written notice as soon as is reasonable and practicable in the circumstances, which notice must include the estimated date of the employee’s return to work.
(6) The employee must inform his or her employer of any change in the estimated date of returning to work.
Employment Standards (Covid-19 Leave) Regulation(Alta. Reg. 29/2020)
Section 2, Variance and exemption re leave
2. (1) Notwithstanding section 53.97 of the Act, and subject to section 4, an employee is entitled to unpaid leave for 14 consecutive days if the employee is under quarantine.
(2) Notwithstanding section 53.97 of the Act, an employee under quarantine is exempt from
(a) the requirement to be employed for 90 days by the same employer, and
(b) the requirement to provide a medical certificate or a copy of a medical certificate to the employee’s employer.
(3) Nothing in this section affects the right of an employee to the entitlement of 16 weeks unpaid leave in a calendar year for illness or injury under section 53.97 of the Act.
Section 3, Exemption re notice to return to work
3. Notwithstanding sections 53.97 and 53.972 of the Act, an employee under quarantine is not required to give any written notice or any notice to the employer of the date the employee intends to return to work.
Ministerial order no. 18/2020 and Ministerial Order 2020-27 (Labour and Immigration)
Temporary changes certain employment standards rules to help employers and employees adjust to rapidly-changing workplace conditions due to COVID-19, including a new job-protected leave for employees, scheduling flexibility, group termination notice requirements and a streamlined approval process for modifying employment standards rules (April 6, 2020)
Ministerial order no. 26/2020 (Labour and Immigration)
Temporary changes to Labour Relations Code and Employment Standards Code, this order applies to employers at a health care facility described in Chief Medical Officer of Health Order 10-2020, issued under section 29 of the Public Health Act, related to
a) work for more than one employer; or
b) work at more than one worksite (April 10, 2020)
Government Resources (Alberta)
COVID-19 information : guidance for restaurants, cafes, pubs, and bars (June 15, 2020)
COVID-19 orders and legislation (Government of Alberta)
Aperçu des ordonnances de l’Alberta rendues en réponse à la pandémie actuelle de COVID 19.
COVID-19 info for Albertans (Government of Alberta)
Mesures pour protéger les Albertains et prévenir la propagation du nouveau coronavirus, y compris : les exigences en matière d’isolement obligatoire pour les personnes qui reviennent d’un voyage à l’étranger, les personnes qui ont eu un contact étroit avec une personne atteinte de la COVID 19 et des personnes présentant les symptômes suivants : toux, fièvre, essoufflement, écoulement nasal ou mal de gorge sans lien avec une maladie ou un trouble de santé préexistants.
Guidance for managers and operators of industrial work camps (Government of Alberta)
Conseils aux gestionnaires et aux exploitants de camps de travail industriels concernant l’évaluation et la gestion des risques liés à la COVID 19.
Guidance for workplaces (Government of Alberta)
Conseils et règles temporaires régissant le milieu de travail pour aider les Albertains à gérer l’évolution rapide de la situation découlant de la COVID 19.
Restrictions on businesses (Government of Alberta)
Restrictions imposées aux entreprises albertaines pour limiter la propagation de la COVID 19.
Respiratory viruses and the workplace (Government of Alberta)
Les virus respiratoires, y compris l’influenza et le coronavirus, peuvent causer des rhumes, la grippe saisonnière et des flambées épidémiques. Ce bulletin fournit aux employeurs, aux superviseurs et aux travailleurs de l’information sur le contrôle des risques liés aux virus respiratoires en milieu de travail.
Working from home during a pandemic (Government of Alberta)
Énonce les pratiques exemplaires que les employeurs et les travailleurs peuvent suivre s’ils travaillent de la maison pendant la pandémie de COVID 19.
Workplace Guidance for Business Owners (Government of Alberta)
Conseils sur la réduction du risque de transmission de la COVID 19 chez les travailleurs, les bénévoles et les clients des entreprises, sauf dans les établissements de soins de santé. Le présent guide s’adresse aux entreprises qui sont encore autorisées à exercer leurs activités en vertu de l’ordonnance 07 2020.
Non-governmental Resources (Alberta)
COVID-19 and the Public Health Act (Alberta) (Faculty of Law University of Calgary)
Ce billet de blogue analyse comment l’Alberta exerce son pouvoir légal d’urgence en vertu de la loi en vigueur.
British Columbia
Acts and Regulations – Key Excerpts (British Columbia)
Employment Standards Act (RSBC 1996, c. 113)
Section 52.12 COVID-19-related leave
52.12 (1 ) In this section, "eligible person", with respect to an employee, means any of the following:
(a) a child who is under the day-to-day care and control of the employee by way of agreement or court order or because the employee is the child's parent or guardian;
(b) a person who
(i) is 19 years of age or older,
(ii) is unable, because of illness, disability or another reason, to obtain the necessities of life or withdraw from the charge of the person's parent or former guardian, and
(iii) is under the day-to-day care and control of the employee, who is the person's parent or former guardian;
(c) a prescribed person.
(2) An employee who requests leave under this section is entitled to unpaid leave for the period described in subsection (3) if, in relation to COVID-19, any of the following applies:
(a) the employee has been diagnosed with COVID-19 and is acting in accordance with
(i) instructions or an order of a medical health officer, or
(ii) advice of a medical practitioner, nurse practitioner or registered nurse;
(b) the employee is in quarantine or self-isolation in accordance with
(i) an order of the provincial health officer,
(ii) an order made under the Quarantine Act (Canada),
(iii) guidelines of the British Columbia Centre for Disease Control, or
(iv) guidelines of the Public Health Agency of Canada;
(c) the employer, due to the employer's concern about the employee's exposure to others, has directed the employee not to work;
(d) the employee is providing care to an eligible person, including because of the closure of a school or daycare or similar facility;
(e) the employee is outside the province and cannot return to British Columbia because of travel or border restrictions;
(f) a prescribed situation exists relating to the employee.
(3) An employee is entitled to leave under this section for as long as a circumstance described in subsection (2) applies to the employee.
(4) If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof that a circumstance described in subsection (2) applies to the employee.
(5) An employer must not request, and an employee is not required to provide, a note from a medical practitioner, nurse practitioner or registered nurse for the purposes of subsection (4).
(6)This section may be repealed by order of the Lieutenant Governor in Council.
Public Health Act (S.B.C. 2008, c. 28)
Section 81 Directing response to local public health threats
81. In the event that a medical health officer determines that public health is threatened by a health hazard, an infectious agent or a hazardous agent,
(a) the medical health officer is responsible for directing the local response, in respect of public health, to the threat, and
(b) for the purposes of paragraph (a), the health authority that employs the medical health officer must
(i) provide the medical health officer with the staff and other resources that the medical health officer reasonably believes are necessary for the response, and
Food Service Establishments and Liquor Services (June 10, 2020)
Vending Merchandise at Markets (May 28, 2020)
Mass Gatherings (May 22, 2020)
Workplace Safety Plans (May 14, 2020)
Industrial Camps (April 23, 2020)
Delegation: Industrial Camps (April 23, 2020)
Long-Term Care Facility Staff Assignment (April 15, 2020)
Travellers and Employers (April 14, 2020)
Delegation: Travellers (April 14, 2020)
Health Care Labour Adjustment (COVID-19)(April 10, 2020)
Movement Limitation of Long-Term Care Facility Staff (March 27, 2020)
Information Collection from Long Term Care Facility Staff (March 26, 2020)
Public Health Agency of Canada Essential Services (March 25, 2020)
Government Resources (British Columbia)
COVID-19 frequently asked questions (Worksafe BC)
Answers to frequently asked questions from workers and employers on maintaining a healthy and safe workplace during the current COVID-19 pandemic. Information includes an explanation of the employer’s duties to their employees and others in the workplace with respect to COVID-19
COVID-19: Industry information (Worksafe BC)
This document provides guidance by industry for employers on maintaining a healthy and safe workplace during the current COVID-19 pandemic.
Handling Absences & Other Disruptions
This document includes guidance for dealing with leaves and absences due to the COVID-19 public health emergency.
Leaves of Absence (Government of British Columbia)
Employees are allowed to take a leave of absence from work for various reasons, including COVID-19. Most of these leaves of absence are unpaid, but an employee's job will protected.
Preventing exposure to COVID-19 in the workplace: A guide for employers (Worksafe BC)
Guidance for employers on preventing exposure to COVID-19 in the workplace.
What employers should do (Worksafe BC)
This document provides guidance for employers on maintaining a healthy and safe workplace during the current COVID-19 pandemic.
Manitoba
Acts and Regulations – Key Excerpts (Manitoba)
Manitoba Employment Standards Code (C.C.S.M. c. E110)
Section 59.12, Public Health Emergency Leave
59.12 (1) The following definitions apply in this section.
"health officer" means
(a) the chief public health officer, a health officer or a medical officer within the meaning of The Public Health Act; or
(b) a public health official of the Government of Canada. (« agent hygiéniste »)
"health professional" means a person who is entitled to practise as a physician, registered nurse or nurse practitioner under the laws of the jurisdiction in which care or treatment is provided to an employee or an employee's family member. (« professionnel de la santé »)
(2) An employee is entitled to unpaid public health emergency leave if, in relation to the pandemic in Manitoba caused by the communicable disease known as COVID-19, they are unable to perform their work because
(a) the employee is under medical investigation, supervision or treatment;
(b) the employee, as a result of information or directions issued or provided by a health officer, health professional, Health Links – Info Santé, the Government of Manitoba or the Government of Canada,
(i) is required to quarantine or isolate themselves, within the meaning of The Public Health Act, or
(ii) is subject to self-isolation or any other measure that results in their inability to work;
(c) the employer, due to the employer's concern about the employee's exposure to others, has directed the employee not to work;
(d) the employee is providing care or support to a family member, as defined in section 59.2, including care or support needed to be provided as a result of the closure of a school or premises where child care is provided;
(e) the employee is directly affected by travel restrictions and cannot reasonably be expected to travel to their workplace;
(f) the employee is subject to an order made under The Public Health Act; or
(g) the employee is acting in accordance with an order made under The Emergency Measures Act.
(3) An employee is entitled to leave whenever a circumstance set out in clauses (2)(a) to (g) applies to the employee. The leave ends when none of those circumstances apply to the employee.
(4) An employee taking a leave under this section may be required to provide the employer with reasonable verification of the necessity of the leave as soon as practicable. An employer must not request, and no employee is required to provide, a certificate from a health professional or health officer as verification.
23. (1.1) For the purpose of clause (1)(a), the period that begins on March 1, 2020, and ends on the day on which the declaration of a state of emergency under section 10 of The Emergency Measures Act concerning COVID-19 is terminated is not to be included in determining if an employee has been laid off for one or more periods exceeding, in total, 8 weeks within a 16-week period.
Public Health Act (C.C.S.M., c. P210)
Part 6, Public Health Emergency
Section 67, Public health emergency
67. (1) The chief public health officer may take one or more of the special measures described in subsection (2) if he or she reasonably believes that
(a) a serious and immediate threat to public health exists because of an epidemic or threatened epidemic of a communicable disease; and
(b) the threat to public health cannot be prevented, reduced or eliminated without taking special measures.
(2) The chief public health officer may take the following special measures in the circumstances set out in subsection (1):
(a) issue directions, for the purpose of managing the threat, to a regional health authority, health corporation, health care organization, operator of a laboratory, operator of a licensed emergency medical response system, health professional or health care provider, including directions about
(i) identifying and managing cases,
(ii) controlling infection,
(iii) managing hospitals and other health care facilities and emergency medical response services, and
(iv) managing and distributing equipment and supplies;
(a.1) issue an order prohibiting or restricting persons from travelling to, from or within a specified area, or requiring persons who are doing so to take specified actions;
(b) order the owner, occupant or person who appears to be in charge of any place or premises to deliver up possession of it to the minister for use as a temporary isolation or quarantine facility;
(c) order a public place or premises to be closed;
(d) order persons not to assemble in a public gathering in a specified area;
(e) order a person who the chief public health officer reasonably believes is not protected against a communicable disease to do one or both of the following:
(i) be immunized, or take any other preventive measures,
(ii) refrain from any activity or employment that poses a significant risk of infection, until the chief public health officer considers the risk of infection no longer exists;
(f) order an employer to exclude from a place of employment any person subject to an order under subclause (e)(ii).
COVID-19 prevention orders (June 21, 2020)
Order prohibiting travel to northern Manitoba and remote communities (June 21, 2020)
Orders restricting staff movement at personal care homes (mai 1, 2020)
Self-isolation order for persons entering Manitoba(June 21, 2020)
Government Resources (Manitoba)
COVID-19 (Government of Manitoba)
A portal of information related to the current COVID-19 pandemic in Manitoba.
COVID-19 Resources (Government of Manitoba)
Information and resources to help workplaces prevent the spread of COVID-19 including working from home, e-learning courses, bulletins and Shop Talks.
Information for Employees (Government of Manitoba)
Employers are urged to direct employees to use good hygiene to prevent the spread of COVID-19. This includes washing your hands frequently, practising good cough and sneeze hygiene, and staying home when they are sick.
Manitoba Government Declares State Of Emergency To Protect The Public, Reduce Spread Of COVID-19 (Government of Manitoba)
The Manitoba government is declaring a province-wide state of emergency under The Emergency Measures Act to protect the health and safety of all Manitobans and reduce the spread of COVID-19, Premier Brian Pallister announced today.
Prepare and Prevent(Government of Manitoba)
Information on how to prevent infection from COVID-19.
Province Announces Temporary Exception to Employment Standards Layoff Rules During the COVID-19 Pandemic (Government of Manitoba)
Temporary amendments that would ensure any period of layoff occurring after March 1, 2020, will not be counted toward the period after which a temporary layoff would become a permanent termination.
Ensure Safe, Healthy Workplaces (Government of Manitoba)
This webpage includes information about routine precautions, rights of employers, and rights to refuse dangerous work
State of Emergency (Government of Manitoba)
Overview of Manitoba’s current state of emergency.
What employers should do (Safe Work Manitoba)
If you are an employer, it is your responsibility to ensure a healthy and safe workplace. Here are some steps to take to help prevent the spread of COVID-19.
Workers should know and understand their workplace health and safety responsibilities — and those of others.
New Brunswick
Acts and Regulations – Key Excerpts (New Brunswick)
Emergency Measures Act (R.S.N.B. 2011, c. 147)
12. The Minister may, during the state of emergency, in respect of the Province or an area of the Province, or the municipality may, during the state of local emergency, in respect of the municipality or an area of the municipality, as the case may be, do everything necessary for the protection of property, the environment and the health or safety of persons therein, including
(e) to provide for the maintenance and restoration of essential facilities, the distribution of essential supplies and the maintenance and coordination of emergency medical, social and other essential services;
An Act to Amend the Employment Standards Act (S.N.B. 2020, c. 12)
Section 44.028, Emergency leave
44.028(1) If it is necessary in the opinion of the Lieutenant-Governor in Council, an employer shall grant an employee a leave of absence in any of the following circumstances:
(a) when the Minister of Public Safety declares a state of emergency under the Emergency Measures Act in respect to all or any area of the Province;
(b) when the Governor in Council declares a public welfare emergency, a public order emergency, an international emergency or a war emergency under the Emergencies Act (Canada);
(c) when the Governor in Council makes an order under section 58 of the Quarantine Act (Canada);
(d) in any circumstance relating to
(i) a notifiable disease prescribed by regulation under the Public Health Act or declared to be a notifiable disease in an order of the Minister of Health or the chief medical officer of health, as the case may be,
(ii) a notifiable event prescribed by regulation under the Public Health Act, or
(iii) any other threat to public health.
Declaration of a State of Emergency and Mandatory Order (COVID-19)
Public Health Act (S.N.B. 1998, c. P-22.4)
Section 68. The Lieutenant-Governor in Council may make regulations for purposes which include: [..]
(nn) respecting the control of notifiable diseases.
Government Resources (New Brunswick)
COVID-19: A conversation with our Chief Medical Officer, Dr. Paul Atkinson (WorkSafeNB)
An interview with Dr. Atkinson about the COVID-19 pandemic. He shares some important information on how to stay safe and calm during these unknown times.
COVID-19 and the right to refuse video (WorkSafeNB)
Outlines key steps in the process to refuse unsafe work.
COVID-19 Guidance for Best Practices for First Responders: Police and Fire (Office of the Chief Medical Officer of Health)
Recommended routine precautions plus droplet and contact precautions for first responders in response to calls in which COVID-19 is suspected.
COVID-19: What workers and employers need to know (WorkSafeNB)
An introduction to the issues around COVID-19 in New Brunswick’s workplaces, including links to the following documents:
Frequently Asked Questions - COVID-19 (WorkSafeNB)
Answers to questions about COVID-19 and the workplace
Conditions for Entitlement – Infectious Diseases (WorkSafeNB)
The purpose of this policy is to outline how WorkSafeNB gathers and weighs evidence during the adjudication of claims involving infectious diseases.
Managing anxiety & worry during COVID-19 (WorkSafeNB)
Amid the stresses of the current COVID-19 pandemic, this document provides tips and resources for managing worries and anxiety that is persistent or impairs day-to-day tasks, rational decision-making as well as advice on maintaining healthy relationships.
Mental Health and Coping During COVID-19 (WorkSafeNB)
Includes advice for emergency responders to ensure they are able to do their job and cope with challenging situations.
Right to Refuse During Pandemics (WorkSafeNB)
The purpose of this policy is to:
Provide direction to staff who respond to work refusals in New Brunswick workplaces; and
Advise workplace parties of WorkSafeNB’s principles related to the right to refuse during pandemics.
Sample Screening of Employees for COVID – 19 Before Entering Work Locations (WorkSafeNB)
Instructions for setting up a screening process at the entrance of all work locations that remain open during critical operations.
Staying safe at work & personal protective equipment (COVID-19)(WorkSafeNB)
A description of measures to prevent the spread of infection and COVID-19 at your workplace and in your community.
Working safely from home (WorkSafeNB)
Tips on how to work safely from home
Workplace Guide to Right-to Refuse during Covid-19 Virus (WorkSafeNB)
Checklist of questions asked by health and safety officers when an individual exercises their right-to-refuse during a pandemic.
Workplace measures to mitigate the spread of coronavirus disease (COVID-19) (WorkSafeNB)
Checklist of precautionary measures to take in the workplace for COVID-19
WorkSafeNB issues special E-News: COVID-19 edition (WorkSafeNB)
As the COVID-19 situation continues to evolve at a rapid pace, please check our website regularly for new information to help New Brunswick employers and workers
Non-governmental Resources (New Brunswick)
7 things to know about NB's Emergency Measures Act (Canadian Broadcasting Corporation)
CBC News discute des répercussions de l’invocation de la Loi sur les mesures d’urgence du Nouveau Brunswick
FAQ: New Brunswick’s COVID-19 State of Emergency and Mandatory Order (Cox & Palmer)
Réponses aux questions fréquemment posées sur l’état d’urgence et l’arrêté obligatoire, notamment qui doit s’isoler, qui peut voyager et les conséquences pour les personnes et
Newfoundland and Labrador
Acts and Regulations – Key Excerpts (Newfoundland and Labrador)
Public Health Protection and Promotion Act (R.S.N.L. 2018, c. P-37.3)
Part 6, Public Health Emergencies
Section 27, Declaration of public health emergency
27. (1) The minister, on the advice of the Chief Medical Officer of Health, may declare a public health emergency in all or a part of the province where the minister is satisfied that
(a) a public health emergency exists; and
(b) the public health emergency cannot be sufficiently mitigated or remedied without the implementation of the special measures available under section 28.
(2) A declaration of a public health emergency expires no more than 14 days after it is made.
(3) Notwithstanding subsection (2), the minister, on the advice of the Chief Medical Officer of Health, may extend the public health emergency for consecutive periods of 14 days where
(a) the public health emergency continues to exist; and
(b) the extension is required to protect the health of the population.
(4) A declaration of a public health emergency or an extension of a public health emergency shall
(a) identify the nature of the public health emergency;
(b) describe the area of the province to which it relates; and
(c) specify the dates when the declaration takes effect and when it expires.
(5) The minister, on the advice of the Chief Medical Officer of Health, may cancel a declaration made under subsection (1), or vary the period or the area to which it relates, where
(a) the public health emergency no longer exists in all or an area of the province;
(b) the public health emergency exists in an area of the province not included in the declaration; or
(c) the declaration is no longer required to protect the health of the population.
(6) The Chief Medical Officer of Health shall publish the details of a declaration made under this section without delay and in a manner that can reasonably be expected to notify the residents of the province to whom the declaration relates.
Section 28, Special measures
28. (1) While a declaration of a public health emergency is in effect, the Chief Medical Officer of Health may do one or more of the following for the purpose of protecting the health of the population and preventing, remedying or mitigating the effects of the public health emergency:
(a) authorize qualified persons to give aid of a specified type;
(b) provide directions to environmental health officers and public health personnel in the province;
(c) establish a voluntary immunization program in the province;
(d) establish a list of individuals or classes of individuals who shall be given priority for immunizing agents, drugs, medical supplies or equipment;
(e) enter into an agreement for services with an agency of the Government of Canada or another province and provide directions regarding the deployment of those services when operating in the province;
(f) procure and provide for the distribution of medical supplies, aid and equipment in the province;
(g) acquire or use real or personal property, whether private or public, other than a dwelling house;
(h) make orders restricting travel to or from the province or an area within the province;
(i) order the closure of any educational setting or place of assembly;
(j) enter or authorize any person acting under the direction of the Chief Medical Officer of Health to enter any premises without a warrant; and
(k) take any other measure the Chief Medical Officer of Health reasonably believes is necessary for the protection of the health of the population during the public health emergency.
Public Health Orders (Government of Newfoundland and Labrador)
Labour Standards Act (R.S.N.L. 1990, c. L-2)
Part VII.8, Communicable Disease Emergency Leave
Section 43.39, Communicable disease emergency leave
43.39 (1) An employee is entitled to a leave of absence from employment without pay where the employee will not be performing the duties of his or her position because of one or more of the following reasons related to a designated communicable disease:
(a) the employee is under individual medical investigation, supervision or treatment related to a designated communicable disease;
(b) the employee is acting in accordance with an order under the Public Health Protection and Promotion Act related to a designated communicable disease;
(c) the employee is in isolation or quarantine or is subject to a control measure, including self-isolation, and the quarantine, isolation or control measure was implemented as a result of information or directions related to a designated communicable disease issued to the public, in whole or in part, or to one or more individuals, by the Chief Medical Officer of Health or the Government of the province whether through print, electronic, broadcast or other means;
(d) the employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to a designated communicable disease;
(e) the employee is providing care or support to an individual referred to in subsection (4) for a reason related to a designated communicable disease that concerns that individual including a school or child care service closure;
(f) the employee is directly affected by travel restrictions related to a designated communicable disease and, under the circumstances cannot reasonably be expected to travel back to the province; and
(g) other reasons prescribed in the regulations.
(2) An employer may require an employee who takes leave under subsection (1) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a medical practitioner or nurse practitioner as evidence.
(3) An employee is entitled to take leave under subsection (1) starting on the date prescribed in the regulations and for as long as
(a) he or she is not performing the duties of his or her position because of a reason referred to in paragraphs (1)(a) to (g); and
(b) the communicable disease is designated by the regulations for the purpose of this Part.
(4) Paragraph (1)(e) applies with respect to the following individuals:
(a) the employee's spouse;
(b) a parent, step-parent or foster parent of the employee or the employee's spouse;
(c) a child, step-child or foster child of the employee or the employee's spouse;
(d) a child who is under legal guardianship of the employee or the employee's spouse;
(e) a brother, step-brother, sister or step-sister of the employee;
(f) a grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse;
(g) a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee;
(h) a son-in-law or daughter-in-law of the employee or the employee's spouse; and
(i) any individual prescribed in the regulations as a family member for the purposes of this section.
(5) This section or a provision of it does not apply to a class of employees exempted from the application of this section by the regulations.
Section 43.30, Employee protection
43.40 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes leave under this Part.
(2) Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the leave rests with the employer.
(3) An employer shall reinstate an employee at the end of his or her leave under this Part on terms and conditions that are not less beneficial than those that existed before the leave began.
(4) Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave.
Government Resources (Newfoundland and Labrador)
Alternative Service Delivery for Retail Stores (Government of Newfoundland and Labrador)
The Chief Medical Officer of Health has ordered all retail stores to close immediately, unless those stores provide services essential to life, health or personal safety. Alternate forms of service delivery may be provided as long as the store is not open to the public.
Alternative Service Delivery for Craft/Microbreweries (Government of Newfoundland and Labrador)
The Chief Medical Officer of Health has ordered all retail stores to close immediately, unless those stores provide services essential to life, health or personal safety. Although Craft/Microbreweries are not exempt from the order to close, alternate forms of service delivery may be provided as long as the store is not open to the public. Craft/Microbreweries may provide service through online or telephone orders and curbside pickup.
Guidance Travelling in Vehicles (Government of Newfoundland and Labrador)
Information about measures for taxi and public bus services during the current COVID-19 pandemic.
Coronavirus Disease 2019 (COVID-19) (Workplace NL)
Tips to mitigate the potential impacts of COVID-19 as well as answers to frequently asked questions.
Coronavirus Disease 2019 (COVID-19) Fact Sheet (Workplace NL)
Quick facts about COVID-19 and tips on preventing its prevent its spread at the workplace.
COVID-19 and the Construction Industry (Government of Newfoundland and Labrador Department of Health and Community Services)
Contractors should incorporate preventing the transmission of COVID-19 into all job hazard analyses and pre-task safety planning for all aspects of the work. This tool is provided solely as a guideline. Continue to evaluate the job site for hazards to determine the most appropriate response to COVID-19 including preventing its being transmitted by employees.
Guidance for Funeral Homes (Government of Newfoundland and Labrador)
Answers for funeral homes during the current COVID-19 pandemic.
Guidance for Hotels and Bed and Breakfast Accommodations (Government of Newfoundland and Labrador Department of Health and Community Services)
Provides tips to keep hotel staff and guests healthy and safe.
COVID-19 and Human Rights – Best Practices (Human Rights Commission Newfoundland and Labrador)
An overview of human rights best practices for employers and service providers.
Risk-Informed Decision Making Guidance for Construction Sites Operating During COVID-19 (Government of Newfoundland and Labrador)
While existing Public Health Special Measures Order allow construction industry to continue, contractors must continue consider the risk of COVID-19 for the construction project/task.
Recycling Programs Operating During COVID-19 (Government of Newfoundland and Labrador)
While some businesses continue to operate, assessing risk as it relates to the spread or transmission of COVID-19 remains a critical part of daily operations. All businesses should follow the guidance and requirements of the government of Newfoundland and Labrador while operating during COVID-19 pandemic.
Risk-Informed Decision Making Guidance for Employers Operating During COVID-19 (Government of Newfoundland and Labrador)
While existing Public Health Special Measures Order allows certain businesses to continue operating, employers must continue to consider the risk of COVID-19 and its transmission in the workplace.
Urgent Legislative Sitting Supports Social and Economic Well-Being of Newfoundlanders and Labradorians (Government of Newfoundland and Labrador)
Overview of the Government of Newfoundland and Labrador’s legislative amendments providing job protections for work absences as a result of COVID-19.
Northwest Territories
Acts and Regulations – Key Excerpts (Northwest Territories)
Emergency Management Act (S.N.W.T. 2018, c. 17)
Section 17, Powers of Minister during a declared state of emergency
17. (1) On making an order declaring a state of emergency or its renewal and for the duration of the order or its renewal, the Minister may
[…] (f) provide for the restoration of essential facilities and the distribution of essential supplies;
Section 23, Protection of Employment and Benefits
23.(1) Notwithstanding any other Act, this section applies to a person who is absent from his or her employment because he or she is
(a) conscripted under this Act; or
(b) on duty authorized or required by the Minister or by a local authority during a state of emergency or a state of local emergency.
(2) A person referred to in subsection (1) is deemed to have been in his or her regular employment during that absence for the purposes of retaining employment, seniority rights and superannuation benefits.
Employment Standards Act (S.N.W.T. 2007, c.13)
No change concerning leave of absence.
Public Health Act (S.N.W.T. 2007, c. 17)
Interpretation and Application
Section 2, Application
2. If an individual’s rights or freedoms are restricted as a result of the exercise of a power or the performance of a duty under this Act or the regulations, the restriction must be no greater than is reasonably required, considering all the circumstances, to respond to a health hazard, communicable disease, public health emergency or contravention of this Act or the regulations.
Part 5, Public Health Emergency
Section 33, Powers of Chief Public Health Officer
33. (1) During a state of public health emergency, the Chief Public Health Officer may:
(a) appoint Deputy Chief Public Health Officers and public health officers with terms effective during the period the declaration is in effect;
(b) authorize a qualified person to render aid of a type that he or she is qualified to provide;
(c) recommend to the Minister that he or she issue a temporary permit under the Medical Profession Act to a person who is registered as a medical practitioner in a province or another territory;
(d) make orders and provide directions restricting or prohibiting travel to or from any area within the Northwest Territories;
(e) coordinate and provide for the delivery of medical services in any part of the Northwest Territories;
(f) enter into an agreement for services with any agency of the Government of Canada, a province or another territory that provides health-related services;
(g) procure and provide for the distribution of medical supplies and equipment in any part of the Northwest Territories;
(h) acquire or use real or personal property, whether private or public;
(i) establish a voluntary immunization program for all or a part of the Northwest Territories; or
(j) enter or authorize any person implementing a direction or order from the Chief Public Health Officer to enter any premises, including a dwelling place, without a warrant.
Part 7, General
Section 50, Regulations
50.(1) The Commissioner, on the recommendation of the Minister, may make regulations
[…] (k) prohibiting persons who are infected with or have been exposed to a specified reportable disease from working or performing types of functions in food establishments, personal service establishments and other prescribed premises and establishments;
(l) prescribing premises and establishments for the purposes of paragraph (k);
[…] (za) respecting isolation facilities and the isolation of persons;
Declaration of State of Public Health Emergency Order (SI-005-2020)
Declaration of State of Public Health Emergency Order, extension (June 12, 2020)
Public Health Order – COVID-19 Directed at Mineral and Petroleum Industry (April 10, 2020)
Government Resources (Northwest Territories)
Coronavirus (COVID-19) – Update for Employers and Workers (Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut)
Information to help employers and workplaces fulfill their responsibility to develop policies and procedures to protect their workers and to keep them informed during the COVID-19 pandemic.
Coronavirus Disease (COVID-19): Information for Employers and Businesses
Information about how to manage workplaces during the COVID-19 pandemic.
Coronavirus Disease (COVID-19): Mental Health and Social Distancing (Government Northwest Territories Health and Social Services)
Tips to are some tips for managing mental health during the COVID-19 pandemic.
COVID-19 and the Workplace: General Precautions and a Risk Assessment for the Northwest Territories (Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut)
Recommendations for workplaces to help slow the spread of COVID-19 in the Northwest Territories.
Social Distancing for Long Haul Drivers Travelling In and Out of the NWT (Government Northwest Territories Health and Social Services)
Recommendations for long haul drivers and social distancing.
Social distancing for workers prior to entry into NWT closed camps (Government Northwest Territories Health and Social Services)
Guidelines for social distancing to prevent the spread of COVID-19 prior to entering work sites.
Social distancing protocols for remote work camps (Government Northwest Territories Health and Social Services)
Guidelines for social distancing to prevent the spread of COVID-19 in camps.
Two New Orders by NWT Chief Public Health Officer Strengthen Response to COVID-19 Pandemic
Two new public health orders order bans all gatherings and formalizes the closure of certain businesses.
Safety Bulletin, Viruses and Colds at the Workplace (Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut)
Safe work practices for reducing the spread of respiratory viruses in the workplace.
Non-governmental Resources (Northwest Territories)
Guest Comment: COVID-19 and the workplace (NWT News/North)
Rights and obligations of employees and employers in response to the current COVID-19 pandemic.
What Employers in the NWT and Nunavut Need To Know - A Resource from Lawson Lundell LLP (Lawson Lundell LLP)
Information about employers’ obligations to ensure a safe work environment, employee leave and privacy.
Nova Scotia
Acts and Regulations – Key Excerpts (Nova Scotia)
Health Protection Act (S.N.S. 2004, c. 4)
Public Health Emergencies
Section 53, Declaration of emergency
53. (1) Where the Chief Medical Officer reasonably believes that a public health emergency exists in the Province, and reasonably believes that the public health emergency cannot be mitigated or remedied without the implementation of special measures pursuant to this Section, the Chief Medical Officer shall recommend to the Minister that a public health emergency be declared for all or part of the Province and the Minister may declare a public health emergency for all or part of the Province.
(2) Where the Minister has declared a public health emergency, the Chief Medical Officer may implement special measures to mitigate or remedy the emergency including
(a) establishing a voluntary immunization program for the Province or any part of the Province;
(b) preparing a list of individuals or classes of individuals to be given priority for active and passive immunizing agents, drugs, medical supplies or equipment;
(c) ordering the closing of any educational setting or place of assembly;
(d) prohibiting or limiting access to certain areas of the Province or evacuating persons from an area of the Province;
(e) ensuring that necessities are provided to a person who is quarantined if the person has no alternative means of obtaining such necessities;
(f) ordering construction of any work or the installation of facilities required for this Section, including sanitary facilities;
(g) procuring first right at a reasonable cost to active and passive immunizing agents, drugs, medical supplies or equipment from any organization or corporation;
(h) confiscating active and passive immunizing agents, drugs, medical supplies or equipment from wholesalers, health authorities, pharmacies, physicians, institutions or any other persons or classes of persons prescribed in the regulations; and
(i) any other measure the Chief Medical Officer reasonably believes is necessary for the protection of public health during the public health emergency.
(3) Where the Chief Medical Officer determines that a public health emergency has ended, the Chief Medical Officer shall advise the Minister and the Minister may make a declaration to that effect.
Labour Standards Code (R.S.N.S. 1989, c. 246)
Emergency Leave
Section 60I, Unpaid leave of absence
60I. (1) In this Section,
(a) repealed 2018, c. 36, s. 13.
(b) “emergency” means
(i) an emergency declared under the Emergency Management Act that prevents the employee from performing the employee’s work duties,
(ii) a direction or order of a medical officer under the Health Protection Act that prevents the employee from performing the employee’s work duties,
(iii) a public health emergency declared by the Minister under Section 53 of the Health Protection Act that prevents the employee from performing the employee’s work duties,
(iv) an emergency declared under Part 1, Part 2 or Part 3 of the Emergencies Act (Canada) that prevents the employee from performing the employee’s work duties, or
(v) such other circumstances as are prescribed in the regulations;
(c) “family member”, in relation to an employee, means
(i) a spouse of the employee,
(ii) a child of the employee or of the employee’s spouse,
(iii) a parent of the employee or a spouse of the parent, and
(iv) any other person who is a member of a class of persons prescribed in the regulations;
(2) Notwithstanding clause (b) of subsection (1), an emergency includes a circumstance under subclause (i), (ii), (iii), (iv) or (v) of clause (b) that applies to a family member of an employee if
(a) the declaration, direction, order or other prescribed circumstance directly applies to a family member of the employee;
(b) the declaration, direction, order or other prescribed circumstance results in a situation where the family member of the employee requires care or assistance;
(c) the employee is the only person reasonably able under the circumstances to provide the family member with the required care or assistance; and
(d) providing the required care or assistance to the family member has the effect of preventing the employee from performing the employee’s work duties.
(3) An employee is entitled to an unpaid leave of absence for such time as the employee cannot perform the duties of the employee’s position because of the emergency.
(4) An employee shall give the employer as much notice as reasonably practicable of the employee’s intention to take an emergency leave or, where required to leave before notice can be provided, the employee shall advise the employer of the emergency leave as soon as possible after the leave begins.
(5) An employee who takes a leave under this Section shall provide to the employer, where the employer so requests, evidence that is reasonable in the circumstances that the employee is entitled to the leave and such evidence must be provided within a time that is reasonable in the circumstances.
(6) A leave under this Section continues for as long as the emergency continues and the emergency prevents the employee from performing the employee’s work duties but the entitlement ends on the day the emergency is terminated or the emergency no longer prevents the employee from performing the employee’s work duties.
(7) Where an emergency as defined in clause (b) of subsection (1) is made retroactive under subsection (3) of Section 25 of the Emergency Management Act or under subsection (2), an employee who does not perform the duties of the employee’s position because of the declared emergency is deemed to have been on leave beginning on the first day that the employee did not perform the duties of the position on or after the date to which the declared emergency was made retroactive.
(8) repealed 2018, c. 13, s. 5.
Declaration of Provincial State of Emergency in Nova Scotia
COVID-19: alerts and notices (Government of Nova Scotia)
Information about the state of emergency, restrictions and closures including travel advisories and self-isolation requirements and responsibilities under the Health Protection Act Order Closures and restrictions.
Novel coronavirus (COVID-19)(Government of Nova Scotia)
This page covers the Government’s response to COVID-19.
COVID-19: Mental health and well-being (Government of Nova Scotia)
Provides tips for maintaining good mental health during the COVID-19 pandemic, including,
Protecting your mental health
Help with mental health or addiction issues
Financial help .
This document is to help workplaces stay healthy and prevent spread of COVID-19. Understand what to do if you have safety concerns related to the COVID-19 pandemic, what happens if someone at your workplace tests positive for COVID-19 and generally what the pandemic means for workplaces in Nova Scotia.(
Nunavut
Acts and Regulations – Key Excerpts (Nunavut)
Public Health Act (S.Nu. 2016, c. 13)
Part 5, Public Health Emergencies
Section 41, Special measures
41. (1) During a state of public health emergency, the Chief Public Health Officer may, for the purpose of protecting the public health and preventing, remedying or mitigating the effects of the public health emergency,
(a) authorize qualified persons to render aid of a specified type or types;
(b) enter into an agreement for services with any agency of the Government of Canada, a province or another territory;
(c) procure and provide for the distribution of medical supplies, aid and equipment in any part of Nunavut;
(d) acquire or use real or personal property, whether private or public, other than a dwelling;
(e) make orders restricting travel to or from Nunavut or any area within Nunavut;
(f) subject to subsection (4), enter or authorize any person implementing a direction or order from the Chief Public Health Officer to enter any premises without a warrant; and
(g) take any other measure the Chief Public Health Officer reasonably believes is necessary for the protection of public health during the public health emergency.
(2) For greater certainty, the Chief Public Health Officer may exercise any of his or her other powers and functions during a state of public health emergency.
Part 6, Governance
Section 43, Minister's powers and duties
43. The Minister
(a) shall advise the government on matters relating to public health not dealt with specifically under another Act, including making recommendations on public health matters for inclusion in Nunavut's emergency plans or to the Minister responsible for the Emergency Measures Act during the management of a public health emergency;
Section 44, Appointment of Chief Public Health Officer
44. (6) The Chief Public Health Officer
[...] (d) shall be responsible for the public health aspects of Nunavut's emergency preparedness and response
Part 7, Legal Matters Restrictions on rights and freedoms
49. Where an individual's rights or freedoms are restricted as a result of the exercise of a power or the performance of a duty under this Act, the regulations or an order made under this Act, the restriction must be no greater than is reasonably required in the circumstances to respond to a disease, health hazard, public health emergency or contravention of this Act, the regulations or an order made under this Act.
Section 55, Conditions precedent for communicable disease order
[55. Communicable disease orders - infected persons and exposed persons]
Labour Standards Act (R.S.N.W.T. 1988,c.L-1)
No change concerning leave of absence.
Government Resources (Nunavut)
Coronavirus (COVID-19) – Update for Employers and Workers (Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut)
Information to help employers and workplaces fulfill their responsibility to develop policies and procedures to protect their workers and to keep them informed during the COVID-19 pandemic.
COVID-19 and the Workplace: General Precautions and a Risk Assessment for the Northwest Territories (Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut)
Recommendations for workplaces to help slow the spread of COVID-19 in Nunavut.
Safety Bulletin, Viruses and Colds at the Workplace (Workers' Safety and Compensation Commission of the Northwest Territories and Nunavut)
Safe work practices for reducing the spread of respiratory viruses in the workplace.
Non-governmental Resources (Nunavut)
Guest Comment: COVID-19 and the workplace (NWT News/North)
Rights and obligations of employees and employers in response to the current COVID-19 pandemic.
What Employers in the NWT and Nunavut Need To Know - A Resource from Lawson Lundell LLP (Lawson Lundell LLP)
Information about employers’ obligations to ensure a safe work environment, employee leave and privacy.
Ontario
Acts and Regulations – Key Excerpts (Ontario)
NEW: Reopening Ontario after COVID-19 (Government of Ontario)
How Ontario is planning to reopen businesses, services and public spaces.
Emergency Management and Civil Protection Act (R.S.O. 1990, c. E.9)
Declaration of Emergency Under the Emergency Management and Civil Protection Act (Order in Council 518/2020)
Declaration of Emergency (O. Reg. 50/20)
Delegation of Powers Pursuant to Subsection 7.0.4 (1) of the Emergency Management and Civil Protection Act - Closure of Places of Non-Essential Business (Order in Council 574/2020)
Order Made Under Subsection 7.0.2 (4) of the Act (O. Reg. 74/20)
Order Under Subsection 7.0.2 (4) of The Act - Access to Covid-19 Status Information by Specified Persons (O. Reg. 120/20)
Order Under Subsection 7.0.2 (4) of the Act - Agreements Between Health Service Providers and Retirement Homes (O. Reg. 140/20)
Order Under Subsection 7.0.2 (4) of the Act - Closure of Establishments (O. Reg. 155/20)
Order Under Subsection 7.0.2 (4) - Closure of Places of Non-Essential Businesses (O. Reg. 153/20)
Order Under Subsection 7.0.2 (4) of the Act - Deployment of Employees of Service Provider Organizations (O. Reg. 156/20)
Order Made Under The Act - Extensions And Renewals Of Orders (O. Reg. 106/20)
Order Made Under the Act - Extension of Emergency (O. Reg. 105/20)
Order Under Subsection 7.0.2 (4) Of The Act - Limiting Work to a Single Long-Term Care Home (O. Reg. 146/20)
Order Under Subsection 7.0.2 (4) of the Act - Limiting Work to a Single Retirement Home (O. Reg. 158/20)
Order Under Subsection 7.0.2 (4) of the Act - Streamlining Requirements for Long-Term Care Homes (O. Reg. 95/20)
Order Under Subsection 7.0.2 (4) of the Act - Temporary Health or Residential Facilities (O. Reg. 141/20)
Employment Standards Act, 2000 (S.O. 2000, c. 41)
Emergency Leave: Declared Emergencies and Infectious Disease Emergencies
50.1 (1) In this section, “board of health” has the same meaning as in the Health Protection and Promotion Act; (“conseil de santé”)
“designated infectious disease” means an infectious disease designated by the regulations for the purposes of this section; (“maladie infectieuse désignée”)
“public health official” means,
(a) within the meaning of the Health Protection and Promotion Act,
(i) the Chief Medical Officer of Health or Associate Chief Medical Officer of Health,
(ii) a medical officer of health or an associate medical officer of health, or
(iii) an employee of a board of health, or
(b) a public health official of the Government of Canada;
“qualified health practitioner” means,
(a) a person who is qualified to practise as a physician or nurse under the laws of the jurisdiction in which care or treatment is provided to the employee or an individual described in subsection (8), or
(b) in the prescribed circumstances, a member of a prescribed class of health practitioners.
(1.1) An employee is entitled to a leave of absence without pay if the employee will not be performing the duties of his or her position,
(a) because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and,
(i) because of an order that applies to him or her made under section 7.0.2 of the Emergency Management and Civil Protection Act,
(ii) because of an order that applies to him or her made under the Health Protection and Promotion Act,
(iii) because he or she is needed to provide care or assistance to an individual referred to in subsection (8), or
(iv) because of such other reasons as may be prescribed; or
(b) because of one or more of the following reasons related to a designated infectious disease:
(i) The employee is under individual medical investigation, supervision or treatment related to the designated infectious disease.
(ii) The employee is acting in accordance with an order under section 22 or 35 of the Health Protection and Promotion Act that relates to the designated infectious disease.
(iii) The employee is in quarantine or isolation or is subject to a control measure (which may include, but is not limited to, self-isolation), and the quarantine, isolation or control measure was implemented as a result of information or directions related to the designated infectious disease issued to the public, in whole or in part, or to one or more individuals, by a public health official, a qualified health practitioner, Telehealth Ontario, the Government of Ontario, the Government of Canada, a municipal council or a board of health, whether through print, electronic, broadcast or other means.
(iv) The employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to the designated infectious disease.
(v) The employee is providing care or support to an individual referred to in subsection (8) because of a matter related to the designated infectious disease that concerns that individual, including, but not limited to, school or day care closures.
(vi) The employee is directly affected by travel restrictions related to the designated infectious disease and, under the circumstances, cannot reasonably be expected to travel back to Ontario.
(vii) Such other reasons as may be prescribed.
(2) An employee who takes leave under this section shall advise his or her employer that he or she will be doing so.
(3) If the employee begins the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.
(4) An employer may require an employee who takes leave under clause (1.1) (a) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave.
(4.1) An employer may require an employee who takes leave under clause (1.1) (b) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a qualified health practitioner as evidence.
(5) An employee is entitled to take a leave under clause (1.1) (a) for as long as he or she is not performing the duties of his or her position because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and a reason referred to in subclauses (1.1) (a) (i) to (iv), but, subject to subsection (6), the entitlement ends on the day the emergency is terminated or disallowed. (5.1) An employee is entitled to take a leave under clause (1.1) (b) starting on the prescribed date and for as long as,
(a) he or she is not performing the duties of his or her position because of a reason referred to in subclauses (1.1) (b) (i) to (vii); and
(b) the infectious disease is designated by the regulations for the purposes of this section.
(6) If an employee took leave because he or she was not performing the duties of his or her position because of an emergency that has been terminated or disallowed and because of an order made under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act and the order is extended under subsection 7.0.8 (4) of that Act, the employee’s entitlement to leave continues during the period of the extension if he or she is not performing the duties of his or her position because of the order.
(7) Repealed: 2018, c. 14, Sched. 1, s. 20. (8) Subclauses (1.1) (a) (iii) and (1.1) (b) (v) apply with respect to the following individuals:
1. The employee’s spouse.
2. A parent, step-parent or foster parent of the employee or the employee’s spouse.
3. A child, step-child or foster child of the employee or the employee’s spouse.
4. A child who is under legal guardianship of the employee or the employee’s spouse.
5. A brother, step-brother, sister or step-sister of the employee.
6. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse.
7. A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee.
8. A son-in-law or daughter-in-law of the employee or the employee’s spouse.
9. An uncle or aunt of the employee or the employee’s spouse.
10. A nephew or niece of the employee or the employee’s spouse.
11. The spouse of the employee’s grandchild, uncle, aunt, nephew or niece.
12. A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met.
13. Any individual prescribed as a family member for the purposes of this section.
(9) Repealed: 2020, c. 3, s. 4 (4).
(10) If an order made under section 7.0.2 of the Emergency Management and Civil Protection Act is made retroactive pursuant to subsection 7.2 (1) of that Act,
(a) an employee who does not perform the duties of his or her position because of the declared emergency and the order is deemed to have been on leave beginning on the first day the employee did not perform the duties of his or her position on or after the date to which the order was made retroactive; and
(b) clauses 74 (1) (a) and 74.12 (1) (a) apply with necessary modifications in relation to the deemed leave described in clause (a).
Infectious Disease Emergency Leave (O. Reg. 66/20)
Section 1, Designated diseases
1. For the purposes of section 50.1 of the Act, the following diseases are designated as infectious diseases:
1. Diseases caused by a novel coronavirus, including Severe Acute Respiratory Syndrome (SARS), Middle East Respiratory Syndrome (MERS) and Coronavirus (COVID-19).
Section 2, Entitlement start date
2. Entitlement to emergency leave under clause 50.1 (1.1) (b) of the Act because of a reason related to Coronavirus (COVID-19) is deemed to have started on January 25, 2020.
Provincial Framework and Action Plan concerning Emerging Vector-Borne Diseases Act, 2015 (S.O. 2015, c. 13)
Health Protection and Promotion Act (R.S.O. 1990, c. H.7)
Section 77.9, Directives to boards and medical officers
77.9 (1) The Chief Medical Officer of Health may issue a directive to any or all boards of health or medical officers of health requiring the adoption or implementation of policies or measures concerning the matters set out in subsection (2) if the Chief Medical Officer of Health is of the opinion,
(a) that there exists, or there is an immediate risk of, a provincial, national or international public health event, a pandemic or an emergency with health impacts anywhere in Ontario; and
(b) that the policies or measures are necessary to support a co-ordinated response to the situations referred to in clause (a) or to otherwise protect the health of persons.
Government Resources (Ontario)
COVID-19: Guidance for the Health Sector (Ministry of Health)
Detailed occupational health and safety guidelines for COVID-19 for the health sector, and other sectors including food premises, industry operators, emergency childcare centres, funeral and bereavement services, temporary foreign workers, homeless shelters, group homes and co-living settings.
COVID-19 Guidance: Occupational Health and Safety and Infection Prevention & Control (Ministry of Health)
Occupational health and safety guidance for the COVID-19 pandemic.
COVID-19: Support for workers (Government of Ontario)
Provides guidance to health care workers, and workers in other sectors including agriculture and food, transportation, and information on mental health and addictions supports.
Guidance for Temporary Foreign Workers (Ministry of Health)
Provides information for employers on temporary foreign workers (TFW) and travel to Ontario, transportation to the workplace (farms and food businesses), practices at the workplace including screening, occupational health and safety, and more.
Infectious disease emergency leave (Government of Ontario)
Provides information emergency leave related to COVID-19 including reasons and rights, interactions with other leaves, length and notice of leave, employment insurance benefits and other federal supports.
Pandemic Preparedness Checklist (Workplace Safety & Prevention Services)
This tool can help you set priorities, get plans in place and protect your people.
Pandemic Awareness eCourse (Workplace Safety & Prevention Services)
A free online course explaining what a pandemic is, how an influenza virus spreads, and the impact pandemics can have on workplaces and communities.
Quick Steps: Setting Up Your Temporary Laptop Workstation (Workplace Safety & Prevention Services)
Tips on how to set up a temporary laptop workstation so as to prevent strain and injuries.
Prince Edward Island
Acts and Regulations – Key Excerpts (Prince Edward Island)
Emergency Measures Act (RSPEI 1988, c E-6.1)
No change concerning leave of absence.
Employment Standards Act (RSPEI 1988, c E-6.2)
No change concerning leave of absence.
Public Health Act (R.S.P.E.I. 1988, c. P-30.1)
Section 49, Public health emergency
49. (7) Where the Chief Public Health Officer believes on reasonable and probable grounds that pandemic influenza is imminent, the Chief Public Health Officer may direct that all or part of the provincial health pandemic influenza plan, if any, be implemented.
Public Health Act - Notifiable Diseases and Conditions and Communicable Diseases Regs Amendment (OIC 2020-108)
Public Health Act - Declaration of a State of Public Health Emergency (OIC 2020-174)
Public Health Act - Continuation of Declaration of a State of Public Health Emergency (OIC 2020-254)
Public Health Act - Notifiable Diseases and Conditions and Communicable Diseases Regs Amendment (OIC 2020-226)
Government Resources (PEI)
COVID-19: Workplace Health and Safety Information (Workers Compensation Board of PEI)
Information about COVID-19 in the workplace and the employer’s related occupational health and safety responsibilities.
COVID-19 Novel Coronavirus Guideline (Government of Prince Edward Island)
Guidelines for dealing with the current COVID-19 pandemic.
Employers: COVID-19 Frequently Asked Questions (Government of Prince Edward Island)
Answers to frequently asked questions about the current COVID-19 pandemic in Prince Edward Island.
Employees: COVID-19 Frequently Asked Questions (Government of Prince Edward Island)
Answers to frequently asked questions about the current COVID-19 pandemic in Prince Edward Island.
Farmers : COVID-19 Frequently Asked Questions (Government of Prince Edward Island)
Answers to frequently asked questions from farmers about the current COVID-19 pandemic in Prince Edward Island.
Food Safety: COVID-19 Frequently Asked Questions (Government of Prince Edward Island)
Answers to frequently asked questions from restaurants and other food providers about the current COVID-19 pandemic in Prince Edward Island.
Guidance Document for Farms Employing Temporary Foreign Workers (Government of Prince Edward Island)
Recommendations for farms employing Temporary Foreign Workers (TFWs) to meet the orders, notices, and guidance issued by Prince Edward Island’s Chief Public Health Officer.
Health PEI Health Care Workers: COVID-19 (Government of Prince Edward Island)
FAQs Answers to frequently asked questions from health care workers about the current COVID-19 pandemic in Prince Edward Island.
Infection Prevention and Control Guidance Funeral Homes (Government of Prince Edward Island)
How to handle the business of funeral homes during the current COVID-19 pandemic.
Take Care of Your Mental Health (Government of Prince Edward Island)
Advice for coping with stress during the current COVID-19 pandemic.
Work Refusal Information (Workers Compensation Board of PEI)
Section 28 of Prince Edward Island’s Occupational Health and Safety Act, permits workers the right to refuse work they reasonably to themselves or others. Answers to frequently asked questions about refusal of dangerous work during the current COVID-19 pandemic in Prince Edward Island.
Work Refusal Information: COVID-19 Frequently Asked Questions (Government of Prince Edward Island)
Section 28 of Prince Edward Island’s Occupational Health and Safety Act, permits workers the right to refuse work they reasonably to themselves or others. Answers to frequently asked questions about refusal of dangerous work during the current COVID-19 pandemic in Prince Edward Island.
Quebec
Acts and Regulations – Key Excerpts (Quebec)
Bill 43 An Act to amend the Nurses Act and other provisions in order to facilitate access to health services (Royal Assent Mar. 17, 2020)
This bill amends the Nurses Act to add to the activities that may be engaged in by specialized nurse practitioners, by allowing them to, among other things, diagnose common illnesses, determine medical treatments and monitor certain pregnancies. It also empowers the Ordre des infirmières et des infirmiers du Québec (the Order) to establish, by regulation, the terms and conditions applicable to the activities engaged in by such nurses. Before making such a regulation, the Order must consult the Office des professions du Québec and the interested professional orders, in particular the Collège des médecins du Québec.
Civil Protection Act (CQLR c. S-2.3)
The protection of persons and property against disasters, through prevention measures, emergency response planning, response operations in actual or imminent disaster situations and recovery operations.
Measures adopted by Orders in Council and Ministerial Orders
Government Resources (Quebec)
COVID-19: Occupational healthInstitut national de santé publique du Québec (INSPQ)
Recommendations to protect the health of employees and those who frequent the workplace in various sectors.
CNESST flexibility measures for employers and workers in response to COVID-19 Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST)
The CNESST will be flexible toward clients and will be lenient regarding deadlines prescribed by law for fulfilling an obligation. This measure does not, however, include obligations with respect to compliance with occupational health and safety rules, which must continue to apply, especially in the current situation.
Guidance for Industry: What to do when someone tests positive for COVID-19 in a food establishment (Ministère de l'Agriculture, des Pêcheries et de l'Alimentation (MAPAQ))
Outlines steps to follow when a food handler has tested positive for COVID
Recommendations for food establishment merchants (Ministère de l'Agriculture, des Pêcheries et de l'Alimentation (MAPAQ) )
Measures merchants should follow to protect employees and customers in food establishments.
Recommandations pour amoindrir l’exposition du personnel de caisse dans les commerces (l'Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST)) Available in French only
Employers are asked to be flexible regarding their employees’ work schedules to limit, for example, crowds in public transit during rush hour. To reduce overcrowding in hospitals, the Québec government asks employers not to require their employees to present a doctor’s note if they have to self-isolate. If possible, employers are also asked to encourage their employees to telework.
Un outil d’aide à la prise de décision pour choisir une protection respiratoire contre les bioaérosols (l'Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST)) Available in French only
Pour soutenir les intervenants dans le choix d’une protection respiratoire contre les bioaérosols infectieux ou non infectieux présents dans différents milieux de travai; Pour les intervenants en hygiène industrielle et en santé et sécurité du travail ainsi que les professionnels de la santé et les médecins dans divers secteurs; Une démarche en six étapes qui utilise la gestion graduée du risque, fondée sur le danger associé aux bioaérosols et le niveau d’exposition des travailleurs. Plusieurs exemples tirés d’études de cas illustrent la démarche.
Québec is going back to work safely (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) )
Questions and answers – COVID-19 (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) )
Answers to questions about health and safety obligations, leave, maternity reassignment and medical care.
GUIDE COVID-19 – Chantiers de construction (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST)) [Available in French only]
Guide incluant des questions et réponse sur les chantiers de construction dans le contexte de la COVID-19
Coronavirus (COVID-19) - Mesures de prévention pour la santé des travailleurs et des travailleuses (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST)) [Available in French only]
Affiche qui rappelle les mesures de prévention pour la santé des travailleurs et des travailleuses dans le contexte de la COVID-19.
Liste de vérification quotidienne - COVID-19 pour les chantiers de construction (Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) ) [Available in French only]
Liste de question afin de valider quotidiennement la mise en place des mesures sur les chantiers de construction
Non-governmental Resources (Quebec)
COVID-19: Can they do that? Part VII: Québec’s Public Health Act and Civil Protection Act (McCarthy Tétrault LLP)
In this update, Québec’s Public Health Act and Civil Protection Act are discussed.
COVID-19 as force majeure in Québec: key considerations, implications, and practical tips (Torys LLP)
An analysis as to whether and when parties during the current COVID-19 pandemic may rely on force majeure under Québec law in being released from fulfilling their contractual obligations.
COVID-19 and the workplace: Québec considerations (Torys LLP)
A Québec-focused update on the obligations of Québec employers under Québec labour standards legislation and the Civil Code of Québec.
COVID-19 and the Workplace in Québec: What Employers Need to Know and Do (Davies Ward Phillips & Vineberg LLP)
Understand what measures are in place in Quebec and the obligations of employers as well as what might be required by new measures and laws during the COVID-19 pandemic. Including, what may be provided in collective agreements or written contracts of employment.
Saskatchewan
Acts and Regulations – Key Excerpts (Saskatchewan)
NEW: Province Announces Re-Open Saskatchewan Plan(April 23, 2020) (Government of Saskatchewan)
Emergency Planning Act (S.S. 1989-90, c. E-8.1)
Section 18, Powers of minister in an emergency
18. (1) On the making of an emergency declaration or a renewal of an emergency declaration and for the duration of the state of emergency, the minister may:
[…] (g) provide for the restoration of essential facilities and the distribution of essential supplies;
(h) provide, maintain and co-ordinate emergency medical, welfare and other essential services in any part of Saskatchewan;
Declaration of a State of Emergency Throughout the Province of Saskatchewan to Address the COVID-19 Public Health Emergency (OC 102/2020)
Saskatchewan Employment Act (S.S. 2013, c. S-15.1)
Section 2-11, Work schedules
[…]
2-11 (5) An employer may provide notice of less than one week of a variation to an employee’s schedule if unexpected, unusual or emergency circumstances arise.
(6) The director of employment standards may permit a variation from the requirements of this section if the employer has obtained the written consent to the variation from the union that is the bargaining agent for the employees.
Section 2-12, Overtime hours not to be required
2-12. (3) Subsections (1) and (2) [requirements regarding overtime hours] do not apply if unexpected, unusual or emergency circumstances arise.
Section 2–14, Meal breaks
2–14 (2) An employer is not required to grant a meal break pursuant to subsection (1):
(a) in unexpected, unusual or emergency circumstances; or [..]
Section 2-46, Notice re employment leave
2-46. (2) The obligation to provide four weeks’ written notice pursuant to subsection (1) does not apply:
[…] (viii) public health emergency leave;
Section 2-59.1, Public Health Emergency leave
2-59.1. (1) In this section, ‘chief medical health officer’ means the person designated as chief medical health officer pursuant to The Public Health Act, 1994.
(2) This section applies if either:
(a) a public health emergency has been determined by the World Health Organization and the chief medical health officer has issued an order declaring:
(i) that the public health emergency applies to Saskatchewan; and
(ii) that individuals in Saskatchewan must take measures to prevent or reduce the spread of disease, including isolating themselves from other individuals; or
(b) the chief medical health officer issues an order declaring that, in the opinion of the chief medical health officer, a disease present in Saskatchewan is sufficiently harmful to the public health that individuals in Saskatchewan must take measures to prevent or reduce the spread of disease, including isolating themselves from other individuals.
(3) If the chief medical health officer determines that the measures set out in an order issued pursuant to subsection (2) are no longer necessary, the chief medical health officer may issue an order terminating the order made pursuant to subsection (2).
(4) If the chief medical health officer has issued an order pursuant to subsection (2) or (3):
(a) the chief medical health officer shall immediately provide a copy of the order to the minister; and
(b) the minister shall cause the order:
(i) to be printed in the Gazette; and
(ii) to be published in any manner the minister considers necessary to bring the order to the attention of the public, including publishing it on the ministry’s website.
(5) employee is entitled to a public health emergency leave for the period during which an order of the chief medical health officer issued pursuant to subsection (2) is in force if:
(a) any of the following have directed employees to isolate themselves to prevent or reduce the spread of the disease that is the subject of the order:
(i) the employer of the employees;
(ii) a duly qualified medical practitioner;
(iii) the Government of Saskatchewan;
(iv) the chief medical health officer; or
(b) the employee is required to provide to care and support to the employee’s child family member who is affected by a direction or order of the Government of Saskatchewan or an order of the chief medical health officer.
(6) Employees are entitled to be paid their regular wages and are entitled to their regular benefits during the period mentioned in subsection (5) if:
(a) they are authorized by their employer to work at home during that period;
(b) they comply with the measures set out in the order of the chief medical health officer; and
(c) they comply with any additional requirements set out in an order made pursuant to subsection (7).
(7) Notwithstanding any other provision of this Part or the regulations or any other Act or law, the Lieutenant Governor in Council may make orders for the purposes of this section, to continue through all or any part of the period mentioned in subsection (5):
(a) suspending the application of any provision of this Part or the regulations that deals with matters regulated by this section;
(b) amending, suspending or varying the application of any provision of this Part or the regulations to employees and employers to whom this section applies;
(c) setting out requirements for the purposes of subsection (6);
(d) respecting any additional matter or thing that the Lieutenant Governor in Council considers necessary to facilitate the purpose of this section, the protection of employees or the prevention or reduction of disease.
(8) The minister shall cause each order made pursuant to subsection (7):
(a) to be printed in the Gazette; and
(b) to be published in any manner the minister considers necessary to bring the order to the attention of the public including publishing it on the ministry’s website.
(9) A failure by the minister to give the notice required by subsection (4) or (8) does not, by itself, invalidate an order made pursuant to that subsection.
(10) Sections 2-43 and 2-47 do not apply to an employee covered by this section.
Section 3‑49, Information re hazardous product
3‑49. As soon as is practicable in the circumstances, an employer shall provide, with respect to any hazardous product in a place of employment controlled by the employer, any information mentioned in clause 3-48(e) that is in the possession of the employer to any physician or registered nurse who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a worker in an emergency.
Section 7-4, Contents of essential services agreement
7-4 (6) On receipt of a work schedule from the public employer pursuant to subsection (5), the union shall immediately:
(a) identify the employees within each classification mentioned in the work schedule who must work during the work stoppage to maintain essential services;
(b) provide to each employee identified pursuant to clause (a) his or her work schedule;
(c) provide to each employee identified pursuant to clause (a) a list of the essential services that are to be performed
Public Health Act, 1994 (S.S. 1994, c. P-37.1)
Section 46, Regulations
46. The Lieutenant Governor in Council may make regulations including:
[…] (x.1) respecting the detection, investigation, prevention, reduction, control and removal of serious public health threats, prohibiting or regulating acts that create or contribute to serious public health threats and imposing requirements to prevent the creation or worsening of serious public health threats;
Section 49
49. Subject to subsection 50(4), bylaws that are made pursuant to section 47 or 48 and bylaws or regulations that are made pursuant to any other Act that confers power to make bylaws or regulations with respect to any matter that affects public health are subordinate to this Act and any regulations or orders made pursuant to this Act.
The Disease Control Amendment Regulations, 2020 (Minister of Health) (OC 159/2020)
Government Resources (Saskatchewan)
COVID-19 (Worksafe Saskatchewan)
Health and safety information related to the COVID-19 pandemic. It includes documents such as,
What employers should do
What workers should do
Staying safe at work
Managing your mental health through COVID-19: Tools to help you cope Ergonomic safety at home
Tips for individuals and teams working remotely
Managing your mental health through COVID-19: Tools to help you cope
COVID-19 Appropriate Use of PPE for Employer (Government Saskatchewan)
Recommendations for employers to determine appropriate use of PPE in the workplace and prevent workers from being exposed to COVID-19.
COVID-19 Information for Businesses and Workers (Worksafe Saskatchewan)
Information to help Saskatchewan businesses and workers regarding the impact of COVID-19 on their workplaces, businesses and jobs
COVID 19: Leaves in the workplace and occupational health and safety questions and answers (Government of Saskatchewan)
Questions and answers about emergency leave and layoff provisions, and the right to refuse unusually dangerous work
WorkSafe Saskatchewan’s response to COVID-19 (Worksafe Saskatchewan)
A statement on WorkSafe Saskatchewan’s continuing commitment to education and training that promotes health and safety in Saskatchewan workplaces and information on its ongoing work during the COVID-19 pandemic.
Job Protected Leave Saskatchewan Employment (Public Health Emergencies) Amendment Act, 2020
Amendments to The Saskatchewan Employment Act will ensure:
Employees can access unpaid public health emergency leave;
Removal of the requirement of 13 consecutive weeks of employment with an employer prior to accessing sick leave; and
Removal of the provision requiring a doctor's note or certificate
Yukon
Acts and Regulations – Key Excerpts (Yukon)
Civil Emergency Measures Act (RSY 2002, c. 34)
Section 12, Employee deemed to have been in accustomed employment
12. Every person who is absent from their accustomed employment or duty authorized by the Commissioner in Executive Council or by a council of a municipality during a state of emergency shall, while so absent, for all purposes relative to retention of employment, seniority rights and superannuation benefits, be deemed to have been in their accustomed employment during the period of their absence.
Civil Emergency Measures Act - A state of emergency is declared to exist in Yukon (O.I.C. 2020/61)
Employment Standards Act (RSY 2002, c.72)
Employment Standards Act — Leave (COVID-19) Regulation (O.I.C. 2020/58)
Section 2, Leave related to COVID-19
2. (1) An employee is entitled to a leave of absence from employment without pay for a period of up to 14 days if the employee requires the leave
(a) because the employee is subject to a health protection measure; or
(b) to care for the employee’s child or an eligible person while the child or eligible person is subject to a health protection measure.
(2) A leave of absence under this section is to be taken in one continuous period.
(3) An employee who takes a leave of absence under this section must give their employer as much notice as is practicable in the circumstances.
(4) An employee is entitled to one leave of absence under this section.
Section 3, Exemption from requirement relating to sick leave
3. Employees are exempted from the requirement under subsection 59(3) of the Act to produce, if requested to do so by their employer, a certificate of a qualified medical practitioner or a qualified nurse practitioner as a condition of the employee’s entitlement to sick leave.
Section 4, Repeal
4. This Regulation is repealed on the day that is 90 days after the day on which it is filed with the registrar of regulations under the Regulations Act.
Public Health and Safety Act (RSY 2002, c. 176)
Section 3, Quarantine districts
3. (1) The Commissioner in Executive council may by order declare any area or district in the Yukon to be a quarantine district, where the Commissioner in Executive Council has reason to believe that an epidemic of communicable disease exists.
(2) If any area or district is declared to be a quarantine district, a health officer has power
(a) to prevent the entrance or exit of persons, or vehicles, vessels, or other conveyances, including aircraft, to or from the quarantine district;
(b) to detain for observation and surveillance persons who have been exposed to a communicable disease; and
(c) to order the cleansing, purifying, disinfection, or disinfestation of persons who have been exposed to a communicable disease, or of articles or things used by persons suffering from a communicable disease at the expense of the owner, occupier, custodian, or person in charge or possession thereof.
Section 4.2, Professional assistance during health emergency
4.2 (1) If, in anticipation of and preparation for an imminent health emergency or at any time during a health emergency, the Minister is of the opinion that the Yukon requires or may require the services of one or more members of a health profession, the Minister shall identify that health profession and the type of service that is or may be required.
(2) During and solely for the purpose of assisting in a health emergency, a member of an identified health profession who is not registered, licensed or otherwise authorized under any other enactment of the Yukon to practise their health profession or to perform a type of service, may be authorized by the Minister to practise the health profession or perform the type of service identified by the Minister under subsection (1).
Section 4.3, Public health emergency
4.3 (1) If the chief medical officer of health is of the opinion, based upon reasonable grounds, that a situation exists that constitutes a public health emergency, the chief medical officer of health may declare that a public health emergency exists.
(2) Immediately following a declaration made under subsection (1), the chief medical officer of health shall cause notice of the declaration of a public health emergency to be delivered to
(a) the Minister; and
(b) the Minister’s deputy or, in the absence of the deputy, an assistant deputy in the Minister’s department.
(3) The notice shall identify the nature of the public health emergency and the area or district to which it relates.
(4) The Minister shall
(a) immediately cause notice of the declaration of the public health emergency to be published and communicated by any means of publication or communication that the Minister considers will make the details of the public health emergency known to the majority of the population of the area or district affected by the emergency; and
(b) as soon as practicable, notify the Executive Council of the declaration of the public health emergency.
Section 4.4, Authority to exercise powers
4.4 At any time following the declaration of the existence of a public health emergency under subsection 4.3(1) and before a declaration of the end of the public health emergency has been made under subsection 4.3(7), the chief medical officer of health may exercise the powers set out in sections 4.5 and 4.6 and the powers of a health officer set out in subsection 3(2), despite the absence of an order under subsection 3(1) declaring any area or district in the Yukon to be a quarantine district.
4.7 In the absence of a declaration made under the Civil Emergency Measures Act, a health emergency, a communicable disease emergency or a public health emergency does not constitute an emergency within the meaning of the Civil Emergency Measures Act.
Government Resources (Yukon)
Cleaning and disinfecting in the work place (Government of Yukon)
Guide on how to clean and disinfect the work place.
Covid-19 and Your Workplace (Yukon Workers’ Compensation Health and Safety Board)
This is a challenging time for Yukoners as we grapple with the human and financial impacts of the COVID-19 virus. To minimize risk and reduce the chances of exposure we advise employers and workers to protect themselves and one another by following all advice from the CMOH.
Interim Guidelines for Work Camps during COVID-19 (Government of Yukon)
Interim guidelines for work camps in Yukon during COVID-19
Public Health Guidance: Enhanced measures at Yukon child care facilities during the COVID-19 crisis (Government of Yukon)
Guidelines for child care centre operation during COVID-19.
Notice to miners arriving in Yukon for work (Government of Yukon)
This notice explains the requirement for all mining and exploration workers arriving in Yukon to self-isolate for 14 days due to COVID-19. Workers must self-isolate in a place other than a mine or camp.
Non-governmental Resources (Yukon)
Paid Sick Leave Rebate (Crowe MacKay LLP)
Describes the paid sick leave rebate for employees who become sick.