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Ontario Proposes Changes to its On-Site and Excess Soil Regulation Scheduled for Further (Substantial) Implementation on January 1, 2023

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Ontario Proposes Changes to its On-Site and Excess Soil Regulation Scheduled for Further (Substantial) Implementation on January 1, 2023
Rob Kennaley
November 7, 2022

On April 21, 2022 the Ministry of Environment, Conservation and Parks paused the implementation date for the notice, reporting and tracking provisions of Ontario’s On-Site and Excess Soil Regulation (O.Reg 406/19) until January 1, 2023, to give stakeholders time to better understand, and plan to meet, its requirements. The Ministry also advised that it would take the time to consult on refinements “to ensure they are clear, practical, and focused to circumstances for which they are most necessary”.

On November 4, 2022, the Ministry confirmed that the Regulation’s notice, reporting and soil-tracking provisions remain scheduled to come into force on January 1, 2023. In response to specific concerns raised during consultations, however, the Ministry announced its intention to tweak the Regulation, in limited ways, before the January 1st implementation date.

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Infectious Disease Emergency Leave (IDEL)- UPDATE

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Infectious Disease Emergency Leave (IDEL)- UPDATE
July 22, 2022
Paid IDEL Extended to March 31, 2023

As discussed in our earlier briefing note, on April 29, 2021, the Government of Ontario amended the Employment Standards Act, 2000 (“ESA”) to entitle an employee to up to three days of paid IDEL between April 19, 2021 and September 25, 2021. That latter date was initially extended to December 31, 2021, and then to July 31, 2022. It has now been extended to March 31, 2023. All other components of the paid IDEL program remain unchanged.
General Entitlement to IDEL Continues Past July 30, 2022
An employee continues to have a general entitlement to access IDEL if they require a leave of absence for any of the prescribed reasons under the ESA. This includes (but is not limited to) if the employee requires a leave because they, (1) have COVID-19, (2) have symptoms of COVID-19 and are isolating in accordance with public health recommendations, or (3) are providing care and support to a prescribed family member for a COVID-19 related reason. This entitlement continues in force and there is no maximum number of IDEL days an employee may take in any given year.
Temporary Layoff and Constructive Dismissal Exemption Ends July 30, 2022

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Electronic Monitoring of Employees Policy

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Electronic Monitoring of Employees Policy-
What Employers Need to Know
July 15, 2022

Effective October 11, 2022, many employers in Ontario are required to have a written policy on the electronic monitoring of employees. On July 13, 2022, the Ministry of Labour, Immigration, Training and Skills Development released its chapter material on this new requirement. This briefing note addresses frequently asked questions.

For advice or assistance preparing an electronic monitoring of employees policy for your workplace, please contact your Sherrard Kuzz LLP lawyer or, if you are not yet a Sherrard Kuzz LLP client, our firm at info@sherrardkuzz.com. We’ll respond promptly.

When must an employer have a policy in place?
Every provincially regulated employer in Ontario with 25 or more employees as of January 1, 2022, is required to have an electronic monitoring of employees policy in place by October 11, 2022. In each subsequent year, an employer with 25 or more employees as of January 1 is required to have the policy in place as of March 1 of that year.

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Court of Appeal Declines to Decide if COVID-19-Related Temporary Layoff Can Constitute a Constructive Dismissal at Common Law

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May 13, 2022
In the May of 2021 decision of Coutinho v. Ocular Health Centre, the Ontario Superior Court ruled a COVID-19-related temporary layoff deemed to be an Infectious Disease Emergency Leave (“IDEL”) under the province’s Employment Standards Act, 2000 (“ESA”) could constitute a constructive dismissal under the common law1.

Six weeks later, in Taylor v Hanley Hospitality Inc. the same court (different judge) ruled the exact opposite2 dismissing the initial decision as “wrong in law” and lacking in “common sense” (discussed in our June 9, 2021 briefing note).

Hanley made its way to the Court of Appeal and in a decision released May 12, 2022, the court allowed the appeal on procedural grounds. Significantly, the court declined to rule on the substantive issue of whether a COVID-19 related temporary layoff under the ESA could constitute a constructive dismissal at common law. The matter was sent back to the lower court to be reheard. The decision of the Court of Appeal therefore provides no clarity for employers or employees on this important and contentious point of law.

Read the full brief from Sherrard Kuzz

Ontario Attracting More Skilled Newcomers to Strengthen Economy

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NEWS RELEASE

Ontario Attracting More Skilled Newcomers to Strengthen Economy

New investment will grow program and help province fill generational labour shortage

April 27, 2022
Ministry of Labour, Training and Skills Development

BRAMPTON — The Ontario government is working for workers by investing an additional $15.1 million over three years to improve and expand the Ontario Immigrant Nominee Program (OINP). The investment builds on the recently-launched entrepreneurship pilot and will allow Ontario to attract the skilled immigrants needed to fill labour gaps when local workers are not available.

“Newcomers are crucial to growing our economy and building a stronger future for all of us,” said Monte McNaughton, Minister of Labour, Training and Skills Development. “We’re lowering the barriers they face and have called on our partners in the federal government to double the number of newcomers Ontario can select in 2022. By investing in the future success of this program, we’re not resting until everyone in Ontario who wants to earn a paycheque is able to do so.”

This new investment will allow the program to grow, enhance security and fraud detection and other IT updates to ensure the system can handle increased capacity now and in the future. Nominating newcomers to work in Ontario helps meet the needs of our growing economy, by filling jobs in health care, computer programming, web development and trucking.

While almost 120,000 economic class immigrants to Canada arrived in 2021, only 9,000 newcomers were nominated through the Ontario Immigrant Nominee Program in that year. An increased nomination allocation would allow Ontario to fill targeted labour market gaps across the province and drive overall economic growth. This is why Minister McNaughton continues to call on federal Immigration officials to double Ontario’s allocation for the coming year.

This announcement follows changes the government made this winter and fall, such as launching a new entrepreneur pilot to attract 100 international entrepreneurs to start or grow businesses in regions outside of the Greater Toronto Area. Applications received through the pilot project will be processed on an expediated basis to help fast track job creation opportunities. Ontario is also removing discriminatory barriers that prevent foreign-trained professionals from working in the sectors they were trained in, such as engineering, law, accounting and skilled trades.

 

Quick Facts

  • There are currently more than 300,000 jobs in Ontario going unfilled.
  • Ontario’s OINP allocation from the federal government has increased from 6,500 in 2017 to 9,000 in 2021.
  • The OINP allows the province to nominate, for permanent residence, individuals who have the skills and experience to contribute to Ontario’s economy. With an Ontario nomination, individuals then apply to the federal government, through Immigration, Refugees and Citizenship Canada for permanent residence.
  • This work builds on the government’s efforts to attract top talent and investment to the province by:
 

Quotes

“At Achēv we are seeing first hand the impact that labour shortages are having on employers across Ontario as hundreds of thousands of positions go unfilled. We thank the Ontario government for their increased investment in the Ontario Immigrant Nominee Program, which will help Ontario employers access the skilled workers they need to flourish.”

– Tonie Chaltas
Chief Executive Officer, Achēv

 

Additional Resources

 

Media Contacts

Harry Godfrey
Minister’s Office
harry.godfrey@ontario.ca

Ciara Nardelli
Communications Branch
mltsdmedialine@ontario.ca
416-326-7405

 
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COCA 2022 Ontario Budget

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A message from the Council of Ontario Construction Associations:

On Thursday, April 28th, Ontario’s Minister of Finance, Peter Bethlenfalvy, presented the government’s financial blueprint for 2022/2023. It’s titled “Ontario’s Plan to Build.”  Please find below COCA’s highlights of the budget.

Budget Highlights

Entire Budget

BCA Annual Magazine

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The BCA is proud to present the 15th Annual Barrie Construction Association Magazine to be published September 2022. The annual magazine continues to showcase our projects across Barrie and Simcoe County to spread the great work the association and members are doing! Join us in celebrating the 14th Annual Magazine.

The magazine reaches the industry 365 days a year with the printed edition, digital online edition and website dedicated to the publication. New for 2022 the magazine will be Included in the Ontario Construction News daily digital newspaper reaching over 20,000 readers a week.

The BCA has partnered with the Construction News & Report Group to produce and to distribute this official BCA publication to over 5,000 businesses across Ontario as well regionally in the GTA, Hamilton-Halton, Niagara, and Simcoe County. The readers are contractors, architects, engineers, building owners, government officials and developers.

The special online edition of our publication will reach tens of thousands of more readers through weekly e-newsletters and websites.

As a valued member of the association, I am inviting you to participate in this 15th Annual publication by either providing photos, guest editorials and or as an advertiser. Your advertising will be integrated into our magazine and will increase valuable space for editorial coverage. This image-enhancing publicity, seen by many potential clients, creates an excellent marketing opportunity for us all. Your advertising in this magazine will reflect your important contribution to our association.

Email Chase, of The Construction News & Report Group, chase@barrieconstructionnews.com for full details.

Advertising Rates

Health and Safety Guidance

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Ontario is moving through the graduated Plan to Safely Reopen Ontario and Manage COVID-19 for the Long-Term. Workplace safety measures and public health measures under the Reopening Ontario (A Flexible Response to COVID-19) Act (ROA) are gradually lifting, in the absence of concerning trends.

Masking: As of March 21, 2022, masking will only be required for public transit and certain health care and congregate care settings. Masking requirements will be lifted for all other settings.

Screening: As of March 21, 2022, screening of workers, patrons or clients is no longer required. This includes both active screening of workers or other individuals prior to entering the workplace (e.g., questionnaires) and passive screening (e.g., signage in your business).

Safety Plans: As of March 21, 2022, employers are no longer required to develop or post written safety plans.

Under the Occupational Health and Safety Act (OHSA) employers have broad responsibilities to ensure workplace safety.
OHSA requirements for all employers include:
· ensuring workers know about hazards by providing information, instruction, and supervision on how to work safely

· ensuring supervisors know what is required to protect workers’ health and safety on the job

· creating workplace health and safety policies

· ensuring workplace parties follow the law and the workplace health and safety policies and procedures

· ensuring workers wear the right protective equipment and are trained on how to use it

· taking all precautions reasonable in the circumstances to protect workers from hazards including the risks of being hurt or getting a work-related illness

Employers should determine what kind of information is appropriate with respect to COVID-19 controls. This may include provision of information about respiratory infections in general, signs and symptoms of COVID-19 and polices about what to do if a worker is sick, including “stay home if sick policies”.

There may be circumstances which arise where additional measures are required. For instance, if there was an outbreak at the workplace or a cluster of cases which shows that COVID-19 may be spreading among the workers, an employer may need to take additional measures to protect workers. In these circumstances, the precautions that are reasonable in the circumstances may include the additional layering of controls that were previously in place, such as re-introducing active screening, ensuring workers are physically distanced or re-introducing masking for workers in all or parts of the workplace.

Employers should continue to assess the workplace, and in consultation with the joint health and safety committee determine what they need to do to protect the health and safety of their workers.
MLTSD inspectors enforce the minimum requirements under the OHSA, and the regulations made under the Act. While the OHSA addresses the minimum requirements, an employer may choose to maintain COVID-19 precautions that exceed these minimum requirements. For example, an employer may choose to maintain masking requirements in certain situations or a modified version of their COVID-19 Safety Plan for the workplace.

Women in Construction Group Bursary

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Are you a female pursuing a career in the skilled trades?

The Barrie Women in Construction group is excited to be offering our annual bursary to female students entering into Post Secondary or continuing education
and Apprenticeships in the 2022/2023 year, with a focus on skilled trades.

Those interested in applying can send an email to womeninconstructionbarrie@gmail.com

Please include a short essay about yourself, what career path you have chosen and why, and why you feel women in trades are important.
Please also include the best way to contact you

SUBMISSION DEADLINE IS APRIL 22nd
Selected recipients will be notified in May 2022
*Open to Residents of Simcoe County*

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SPONSORSHIP OPPORTUNITY
The Barrie Women in Construction group is excited to be offering our annual bursary to female students entering into post-Secondary or continuing education in the 2022/2023 year, with a focus on skilled trades.

Last year we raised $3,000 for women entering the trades and were able to provide the bursary to three individuals!
We are currently seeking sponsors for this year’s bursary.

Any sponsorship amount is appreciated, but typically our sponsors contribute between $100 and $500. Your sponsorship includes your company name and logo on all our advertising and social media pages.

For more information, please contact us at womeninconstructionbarrie@gmail.com, or reach out to one of our contacts below.
On behalf of all the Barrie Women in Construction members, we thank you for considering this opportunity!

Nicole McArthur, Co-Chair 3M Construction Markets
nmmcarthur@mmm.com
416-454-5947

Alison Smith, Executive Director
Barrie Construction Association
alisonsmith@barrieca.com
705-726-5864

Julie Harris, Co-Chair
Tamarco Contracting Ltd. jharris@tamarco.ca
705-718-1267

Bryony Buchanan, Membership Coordinator Barrie Construction Association
bryonybuchanan@barrieca.com
705-726-5864

Download the sponsorship flyer