À compter du 26 décembre 2020 à 0 h 01, l'Ontario entamera un confinement à l'échelle provinciale, au cours duquel la plupart des entreprises non essentielles demeureront fermées. La durée de ces mesures de confinement variera d'une région à l'autre.
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Effective 12:01 a.m. on December 26, 2020, Ontario will enter a provincewide lockdown during which most non-essential business must remain closed. The duration of these lockdown measures will vary by region.
Lockdown Measures
Due to the recent increase in COVID-19 cases, on December 21, 2020, the Office of the Premier announced that the Ontario government, in consultation with the Chief Medical Offer of Health and other health experts, will be imposing a provincewide lockdown as of 12:01 a.m. on December 26, 2020.
General public health measures for all businesses, organizations, and facilities, including with respect to following public health advice, physical distancing, screening, cleaning and disinfecting, personal protective equipment, capacity limits, and maintaining a safety plan, will continue for all businesses that are permitted to remain open during this time.
A full list of the businesses that will be permitted to remain open, and the safety measures they must adhere to in doing so, are set out in the Ontario Government's Provincewide Shutdown framework. Key measures include:
- In-person shopping will be prohibited in most retail settings, where these retailers must instead rely on curbside pickup and delivery options. Essential businesses that are permitted to remain open for in-person shopping (e.g., supermarkets and "big box" retailers) must adhere to prescribed capacity limits.
- Indoor Gatherings. All indoor organized public events and social gatherings, except with members of the same household or individuals who live alone (who may consider having exclusive close contact with one other household), will be restricted.
- Restaurants, bars and other drink establishments will not be permitted to allow indoor and outdoor dining. However, these establishments will still be able to provide take out, drive-through, and delivery services, including the sale of alcohol.
Although most measures in the Provincewide Shutdown framework are sector-specific, the Chief Medical Officer of Health's general advice for all Ontarians is also provided. According this this guidance:
- Individuals should:
- stay home to the fullest extent possible;
- not leave their home, region within Ontario, or Ontario generally, except for essential purposes;
- use face coverings when in public; and
- limit close contact to only those who are within their household.
- Employers should:
- accommodate household needs related to virtual education and dependent care; and
- enable and support workers to work remotely wherever possible.
These lockdown measures will remain in effect until Saturday, January 9, 2021 in Northern Ontario and until Saturday, January 23, 2021 in Southern Ontario. Thereafter, the current COVID-19 Response Framework (which provides for a regional COVID-19 response) will be re-enacted.
Ontario Small Business Support Grant
In connection with the lockdown, the Officer of the Premier also announced a new one-time Ontario Small Business Support Grant that will provide between $10,000 and $20,000 to eligible small business that are impacted by the provincewide lockdown.
According to the announcement, eligible businesses include those that:
- are required to close or significantly restrict services due to the provincewide lockdown;
- have less than 100 employees at the enterprise level; and
- have experienced a minimum of 20% revenue decline in April 2020 compared to April 2019.
The amount granted to each eligible business will be intended to help cover its decreased revenue expected as a result of the provincewide lockdown measures.
Further details regarding the Ontario Small Business Support Grant will be announced in January 2021.
Extension of Infectious Disease Emergency Leave to July 3, 2021
In advance of the provincewide lockdown announcement, on December 17, 2020, the Office of the Premier also announced a further extension to the infectious disease emergency leave ("IDEL") regulation, in effect during the COVID-19 period, to July 3, 2021.
The effect of this extension is to provide further flexibility for non-unionized workplaces in Ontario. Whereas the prior extension was scheduled to end as of January 2, 2021, employees may instead continue (or be placed) on a job-protected leave of absence any time their hours of work are temporarily reduced or eliminated by their employer due to the COVID-19 pandemic until July 3, 2021.
In light of these changes, an employee who is deemed to be on an IDEL will not have any time spent on his or her job-protected leave counted toward the prescribed maximum length of time an employee is permitted to remain on a temporary layoff under the Ontario Employment Standards Act, 2000. This will prevent the employee's employment from being deemed to terminate (which may have otherwise occurred while on a temporary layoff), meaning that no termination or severance pay obligations will become due and owing.
For further information regarding the IDEL, please refer to our prior blogs on this topic, which were posted when the IDEL was announced in March 2020 and when it was initially extended in September 2020.
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