Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 JUNE 2020

Ontario Provides Employers With Temporary Relief From COVID-Related Termination Risks

McMillan LLP
McMillan LLP
Contributor
McMillan LLP

McMillan LLP

The firm : McMillan LLP is one of Canada’s leading national law firms with offices in Montreal,...

View firm profile
Explore more from McMillan LLP

On May 29, 2020, the Ontario government introduced a new regulation (Infectious Disease Emergency Leave O. Reg. 228/20) (the "Regulation") that provides employers with temporary ...

CanadaCoronavirus (COVID-19)
Chiedza Museredza
Chiedza Museredza
Victor Kim
Victor Kim
Kyle Lambert
Kyle Lambert
Author LinkedIn connections

On May 29, 2020, the Ontario government introduced a new regulation (Infectious Disease Emergency Leave O. Reg. 228/20) (the "Regulation") that provides employers with temporary relief from certain termination provisions in the Employment Standards Act, 2000 ("ESA").

The new measures, summarized below, provide enhanced protection from COVID-related termination risks for employers whose operations have been impacted by the recent pandemic. The Regulation limits the risk of a temporary layoff turning into a permanent dismissal or being deemed a constructive dismissal under the ESA for the duration of the "COVID-19" period. However, the new measures do not apply to unionized employees.1

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

© McMillan LLP 2025

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Powering Up: Grid Access, Strategic Screening And Canada’s Emerging Data Centre Regimes

Canada is rapidly becoming a key destination for data centre investment, fueled by artificial intelligence and cloud computing growth. However, this expansion places unprecedented demands on electricity grids, water resources, and local communities. As federal and provincial governments introduce new frameworks to manage these resource challenges, developers and investors must navigate an increasingly complex landscape where power strategy...
CanadaEnergy and Natural Resources
McMillan LLP
McMillan LLP
Article

Cleared For Investment: Canada Opens The Door To Private Capital At Its Largest Airports

Prime Minister Mark Carney has announced plans to seek private investment through long-term concessions to operate Canada's four largest airports: Toronto Pearson, Vancouver, Montréal-Trudeau and Calgary. While the government would retain ownership of underlying land and assets, this represents a fundamental shift from the current not-for-profit airport authority model that has governed these facilities since the 1990s.
CanadaTransport
McMillan LLP
McMillan LLP
Article

Building Momentum: Canada Advances Major Projects Under The Building Canada Act

The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ
CanadaGovernment, Public Sector
McMillan LLP
McMillan LLP
Article

A Matter Of Interpretation: Termination Clause Prevails Under The Canada Labour Code

The Ontario Superior Court of Justice has applied the Baker v. Van Dolder's Home Team framework to uphold a termination clause under the Canada Labour Code, rejecting a plaintiff's claim for common law reasonable notice. This decision demonstrates how courts will now interpret employment agreements by examining the parties' objective intentions rather than conducting technical word-by-word analysis of contractual provisions.
CanadaEmployment and HR
McMillan LLP
McMillan LLP