What Construction Can Continue in Ontario after April 4, 2020?

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On April 3, 2020, the Government of Ontario revised its Order in relation to
essential services passed under s. 7.0.1 of the Emergency Management and
Civil Protection Act, R.S.O. 1990, c. E9 . The Order provides that, as of April
4, 2020 at midnight, a limited scope of construction projects will be allowed to
proceed in Ontario. In announcing the changes, Premier Ford advised that,
towards ensuring compliance, the Ministry of Labour would put ongoing
construction under extremely high scrutiny.
Yet it appears, however, that the revised Order is in some ways no clearer
than its predecessor as regards what construction activities can, and cannot
continue. We do not mean to be critical when we say this. It is incredibly
difficult to draft generally applicable language to surgically draw the line in
an almost infinite number of scenarios. It is even harder when the goal is to
both protect health and safety and meet the essential needs of the public.
Our goal in this article is to simply point out, and discuss, the “grey-areas”.

Read the full Kennaley Law article

Covid-19 Essential Services List

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On March 17, 2020 the Province of Ontario, pursuant to an Order-in-Cabinet, invoked its powers under the Emergency Management and Civil Protection Act (EMCPA) to declare a state of emergency in Ontario due to COVID-19. Pursuant to section 7.02(4)5.of the EMPCA Cabinet has the power to Order the

Closing [of] any place, whether public or private, including any business, office, school, hospital or other establishment or institution.

On that same day, the Government of Ontario released lists of both essential and non-essential businesses and business activities. All non-essential businesses were ordered to shut down.

Under the original order most projects in the construction industry, including all of those in the industrial, commercial and institutional (ICI) and residential sectors were deemed essential and exempt from closure.

On Friday, April 3, 2020, the Province announced that it had revised the list of businesses and business activities deemed to be essential. As it pertains to the construction industry, the following business activities remain essential and therefore exempt from closure:

Continue reading the CCPartners article

Construction Has Been Ordered Substantially Shut Down in Ontario

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Who bears the costs of delay, and what might those be?

As of April 4, 2020, at midnight, only a very limited scope of construction projects will be allowed to proceed in Ontario. This, due to an Order passed by the Government of Ontario (the “COVID-19 Order”). In this article we will review the contractual consequences of this province wide, government ordered, shut down.

As we have reiterated before, the starting point is the contract or subcontract between the parties. We will address the issue from the perspective of the Owner/Contractor relationship, although our comments apply to every rung of the construction ladder. Subcontractors and suppliers should consider whether they are governed by the prime contract or other subcontracts above them, in determining what provisions apply to their circumstance.

Read the full article from Kennaley Law

Wage Subsidy Update April 1

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Last week the government of Canada announced that it will offer a wage subsidy of up to 75% for qualifying businesses, backdated to March 15, 2020.  You can read CCPartners’ blog on that announcement here.  At first we thought this was a substantial increase from the 10% federal wage subsidy for small businesses introduced previously, and a welcome expansion to the previously announced subsidy only for small and medium businesses (undefined).  However, it now appears that the Canada Emergency Wage Subsidy is an additional subsidy accessible for employers.  Some details remain unannounced, but now we have somewhat of a clearer picture – pending legislation actually being passed.

Here is what we know as of April 1, 2020:  Click here to read more on the CCPartners website

Covid-19 Briefing Note from Sherrard Kuzz LLP

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Sherrard Kuzz LLP, Employment & Labour Lawyers

COVID-19: Frequently Asked Questions – Updated as of March 18, 2020
Main 416.603.0700 / 24 Hour 416.420.0738 /

COVID-19 Frequently Asked Questions to Assist Employers
Updated: March 18, 2020

As the 2019 novel coronavirus (COVID-19) continues to spread around the globe, employers need to know their legal rights and obligations as it relates to the Canadian workplace.
The following are some of the most pressing Frequently Asked Questions.
If you have additional questions, please contact your Sherrard Kuzz LLP lawyer, or our firm at with the re line: COVID-19. We’ll respond promptly.

Read the FAQ’s here

Enbridge Gas Locates

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ENBRIDGE GAS INC.; operating as Enbridge Gas Distribution

Thank you for calling for a locate prior to starting your project.

Please note Enbridge Gas Distribution has changed the locate validity period and this completed locate is valid for a period of 60 days from the completion date on the Primary Locate Sheet.

Read the Locate Letter