COVID-19 Information & Resources

Gathering limitation across the provinces: 

As provinces begin to further open up across Canada, the size of groups for indoor and outdoor public and private gatherings are being adjusted. To assist you in determining if you are able to host a training session, and under what conditions, please consult the links below.

Note that some of these measures may not reflect specific guidelines related to training in classrooms. The CPA is continuing to look into more specific information as it relates to classroom training for our industry.

In all cases, a distance of two metres must be maintained at any type of gathering. In most provinces, face masks are recommended where social distancing cannot be maintained.

Please refer to the CPA's Best practices recommended during COVID-19 - Measures for Reopening your Retail Operations, produced to assist you in hosting a training session during COVID-19.

The gathering limitation numbers that have been modified are in bold below.

BC 
Indoor and outdoor – 6

Alberta
Indoor – less than 15
Outdoor – less than 50

Saskatchewan
Indoor  – 15
Outdoor - 30

Manitoba
Indoors – 25
Outdoors – 50

Ontario (effective June 12)
Indoor - 10
Outdoor - 10

Religious gatherings – 30% of building capacity

Quebec
Indoor* and Outdoors – 10

**Note that Indoor gatherings will not be allowed in the Communauté métropolitaine de Montréal, Joliette and L’Épiphanie until June 22. 

New Brunswick
Indoor : 10
Outdoor - 50

Nova Scotia
Indoor and outdoor – 10 people, unless your group has an exemption.

Prince Edward Island 
Indoor – 15
Outdoor - 20

Newfoundland & Labrador
Gatherings – 20 people

Gatherings apply to essential or official events/ceremonies and include essential workplace activities such as certification or training

Associates:Provinces have begun reopening their economies across the country – click here for an overview of provincial schedules, created by Temple Scott Associates.

Measures for Reopening your Retail Operations: Advice for restarting retail operations.

British Columbia

Essential services: In British-Columbia, propane is on the provincial essential services list. The B.C. government has formally extended the provincial state of emergency to June 23, 2020. Click here for information on BC's Restart Plan. 

Training: During or prior to being able to complete the required training for re-certification: Employees can continue to perform their duties on an interim basis for three (3) months post expiry of their certificate. This will only be allowed until social distancing rules are removed. Please click here for provincial status update.

Drivers licences: The Insurance Corporation of British Columbia (ICBC) is allowing British Columbians to extend their expiring driver’s licence remotely. For more information, click here: ICBC.

BC - British Columbia begins next phase of safe restart plan : B.C. is entering Phase 3 of its four-phase restart plan, with British Columbians allowed to travel within the province. International travellers returning to B.C. are required by law to self-isolate for 14 days and complete a self-isolation plan.

For everyone travelling to and within B.C.: Travellers are expected to pre-plan their trip, respect local travel advisories, not travel if sick, and practice physical distancing of two metres and good hygiene.

B.C. has also extended their state of emergency until end of day on July 7, 2020.

BC government restarts significant portion of BC's Phase 2 activities: June 1 marked the restart of a significant portion of BC’s Phase 2 activities. K-12 schools have reopened to in-class learning, transit systems are fully operational, and some provincial parks are now open to overnight camping.

Where safe physical distancing may be challenging, such as on a bus, the BC government recommends wearing non-medical masks. All employers must demonstrate that they can operate safely and are required under the Workers Compensation Act to ensure the safety of their employees at work. Employers should review the updated Health and Safety Guidelines, best practices and other resources from WorkSafeBC.

British Columbia's re-opening plan: B.C. is the latest province to announce its phased approach to re-opening the economy. While the province never ordered non-essential businesses to close, it did order certain sectors to close such as bars and dine-in restaurants.

The government also stated that it plans to re-commit to its climate action plan during the economic recovery.

Phase 2, to begin May 19, includes:

• Small gatherings (5 people or fewer)
• More retail businesses to re-open (e.g. some pubs, hair salons, clothing stores, etc.). WorkplaceBC is developing industry-specific guidance for different sectors to bring back workers and customers.
• Legislature to resume sitting, with specific protocols to be implemented

Phase 3, to occur between June and September 2020, if infection rates continue to decline, will include more businesses re-opening – e.g. movie theatres, spas, and the film sector.

Phase 4 (full economic operations) will only occur “when the threat of COVID-19 has been significantly diminished through widespread vaccination, broad successful treatments, evidence of community immunity, or the equivalent”. No rock concerts, sporting events, and conventions will occur in B.C. until Phase 4.

B.C.’s Occupiers Liability Act and COVID-19: what business owners need to know: One of the most important obligations that business owners should be aware of is their duty to ensure the safety of their business premises, even during the on-going pandemic. Recently, the B.C. government released a ministerial order that provides important legal protections for certain businesses that continue to operate during the pandemic.

 Occupiers Liability Act

In B.C., the Occupiers Liability Act (“OLA”) outlines the legal obligations that occupiers owe to persons visiting their premises.

 Under the OLA, an occupier owes a legal duty to take “reasonable care” that persons are “reasonably safe” while visiting the occupier’s premises.^[2] This duty applies to the (i) condition of the premises, (ii) activities on the premises, or (iii) the conduct of third parties on the premises.^[3] 

 How does the Occupiers Liability Act apply during the COVID-19 pandemic?: On April 22, 2020 the Provincial Government issued Ministerial Order M120 (the “Order”), which limits certain legal liabilities related to COVID-19 for individuals or businesses that provide essential services during the pandemic. The Order grants essential service providers immunity from damages that result “directly or indirectly, from an individual being or likely being infected with or exposed to SARS-CoV-2 as a result of the person’s operating or providing an essential service”.

To qualify for the protections of the Order, a person must have been operating or providing the essential service in “accordance with all applicable emergency and public health guidance” or have reasonably believed that they were doing so.

Importantly, the protections of the Order do not apply to a person that is “grossly negligent” in operating or providing the essential service. All businesses should ensure they remain up-to-date on the latest public health guidelines issued regarding COVID-19 to ensure they meet their obligations under the Order and qualify for its protections. The Order will end on the date that the state of emergency declared by the Provincial Government is lifted.

B.C. Emergency Order Permits Virtual-Only Shareholder Meetings:
The Minister of Public Safety and Solicitor General of British Columbia has published a temporary order (Ministerial Order No. M116)  under the Emergency Program Act which provides greater certainty and additional flexibility to incorporated companies looking to hold virtual-only shareholder meetings during the 2020 proxy season.

However, in order to hold a virtual-only meeting, the Order requires that certain conditions must be satisfied:

• The notice of meeting must provide instructions for attending at or participating in the meeting by the communications medium, including instructions for how to vote at the meeting;
• All persons participating in the meeting must be able to communicate with each other and, if applicable, vote at the meeting; and
• The person responsible for holding the meeting facilitates the use of the communications medium.

The order applies from April 21, 2020 until the date on which the last extension of the declaration of a state of emergency made March 18, 2020 expires or is cancelled.

Protection for staff ensuring essential services: The province is taking steps to protect those providing essential services by ensuring they cannot be held liable for damages caused by exposure to COVID-19 while continuing to operate, so long as they are complying with orders from the provincial health officer and other authorities. Other provinces are considering a similar approach.

Essential service providers who are not compliant with respective authorities or who are grossly negligent will not receive protection under the order and will be held liable for damages. The order only applies to situations related to COVID-19 and will remain in effect for as long as the state of emergency remains in place. Additionally, it will continue to protect essential service providers until any relevant limitation periods have expired.

Carbon tax relief: The B.C. government is providing a carbon tax relief to commercial vegetable, floriculture, wholesale nursery and forest seedling operations. Natural gas and propane consumed for heating and producing CO₂ for the production of eligible crops within a production greenhouse is eligible.

Fuel burnt for other purposes, such as heating residential, office, packing or processing area, or non-eligible crop production area, vehicles, forklifts or to produce electricity in a CHP engine - is ineligible.

Alberta

Essential services: In Alberta, propane is on the provincial essential services list. 

Training: Alberta Municipal Affairs indicated that Alberta is issuing a 120-day extension of training for PTI, understanding the need to protect everyone involved.

Alberta reinstates environmental reporting earlier than planned: Alberta will reinstate environmental reporting on July 15, four weeks earlier than planned “now that the public health emergency is no longer in effect.” Reporting had been suspended earlier this spring on account of health and staffing concerns related to the virus.

Alberta entered stage two of its relaunch strategy on June 12, after strong testing data shows COVID-19 cases in Alberta were lower than expected. To help prevent the spread of COVID-19, 20 million free, non-medical masks are now available to Albertans at drive-thrus across the province (June 8). 

Stage 2 allows additional businesses and services to reopen and resume operations starting June 12 with physical distancing requirements and other public health guidelines in place. Business operators, sport and recreation services can determine if they are ready to open and ensure all guidance for workplaces is met.

Events and gatherings can be larger in stage 2

• 50 people maximum: indoor social gatherings, including wedding and funeral receptions, and birthday parties
• 100 people maximum: outdoor events and indoor seated/audience events, including wedding and funeral ceremonies.

More flexibility for ‘cohort’ groups – small groups of people whose members do not always keep 2 metres apart:

• households can increase their close interactions with other households to a maximum of 15 people.

Reopening requirements: Businesses that are eligible to reopen must comply with the guidelines set out in the CMOH orders.

 Public written re-opening plans no longer required: Initially, the CMOH orders required businesses to complete and post a written plan setting out how the business would meet the above noted requirements. However, subsequent CMOH orders repealed this requirement (CMOH Order 21-2020 and CMOH Order 22-2020). Accordingly, a written re-opening plan is now voluntary for all businesses that are re-opening under stage 1 of the relaunch strategy or which have remained open since before stage 1 commenced.

Going forward: Guidance regarding reopening requirements continues to develop. However, Alberta Biz Connect provides guidance and operational planning documents for specific sectors, such as industrial work camps, retail and restaurants. 

Drivers licences: Upcoming expiry dates for Alberta drivers’ licences, identification cards, vehicle registrations, other permits and certificates are being extended until May 15.

Vehicle registration: Vehicle registrations expire on an assigned month based on the registrant’s surname or a company name. Albertans and companies with registrations expiring in March and April (including those whose last names begin with B, D, G, Y) will now have until May 15, 2020 to renew their vehicle registrations.

Road tests: Effective March 20, Alberta commercial and passenger road tests have been suspended for at least 4 weeks. Road tests will resume when it is safe to do so. Albertans who have a road test scheduled will be able to rebook online as of April 17, 2020 for a test on April 20, 2020 or later, at no additional charge. Alberta is working with the commercial carrier industry to determine whether there are any urgent driving tests that need to be held in order to support maintaining delivery of essential goods, such as food and medical supplies.

Norton Rose Fulbright: Legal update on AER clarifications for reporting requirements: The Alberta Energy Regulator (AER) recently provided important clarification on two ministerial orders that suspended a number of reporting requirements applicable to the oil and gas industry. Updates on Alberta Energy ministerial order 219/2020 and Alberta Environment and Parks ministerial order 17/2020 can be found here and here, respectively. Read the legal update on the AER’s clarifications provided by Norton Rose Fulbright.

Alberta’s Reopening Plan: Alberta announced its plan for gradual reopening. Once health objectives are achieved, as early as May 14, Alberta can begin Stage One by opening:

• All farmers markets and retail businesses, such as clothing, furniture and bookstores
• Some personal services like hairstyling and barbershops
• Museums and art galleries
• More scheduled surgeries, dental procedures, physiotherapy, etc.
• Daycares, out-of-school care, and summer camps with occupancy limits
• Cafés, restaurants with no bar service at 50% capacity
• Some outdoor recreation.

The timing of Stage Two will be determined by the success of Stage 1 and will:

• Allow additional businesses and services to reopen and resume operations with 2 metre physical distancing requirements and other public health guidelines. This includes:
  • “Potential” K-12 schools, with restrictions
  • More scheduled surgeries, including backlog elimination
  • Personal services (cosmetic, nail salons, etc.)
  • Movie theatres with restrictions.

The timing of Stage Three is also determined by the success of the previous stages, and will include:

• Fully reopening all businesses and services, with some limited restrictions
• Permitting larger gatherings, festivals, concerts and major sports events with some restrictions
• Permitting nightclubs, gyms, rec centres, arenas, etc., with some restrictions
• Resuming industry conferences with restrictions.

Each stage will include an evaluation and monitoring period to determine if restrictions should be adjusted up or down. 

Outdoor gathering and physical distancing exemptions for Regional Municipality of Wood Buffalo: Due to the emergency flooding situation, Alberta’s Chief Medical Officer of Health has issued an exemption to the existing COVID-19 gathering restrictions and mandated physical distancing in outdoor spaces for individuals in the Fort McMurray area who are engaged in flood suppression and prevention activities.

It is recommended these individuals wear personal protective equipment, if available. This exemption has been made because the government says communities need the ability to quickly and collectively respond as a community. 

Can Alberta Employers Require Employees to Wear Face Masks?: 
The Government of Alberta has recently published a guide, the Non-healthcare Workplace Guidance During Covid-19 (the "Guide"), which discusses the use of PPE in non-healthcare workplaces. Before implementing any COVID-19 measures, the Guide instructs employers to conduct hazard assessments to identify existing and potential hazards relating to COVID-19, as required by occupational health and safety legislation (“OHS Legislation”). Any hazards that exist and can be eliminated completely, should be eliminated completely. Any hazards that cannot be eliminated completely, must be controlled. The Guide sets out the following hierarchy of control methods:

1. Engineering Controls
   These control the hazard at the source. Examples include placing barriers or partitions between staff and the hazard, or ventilation. 
2. Administrative Controls
   These controls change the way workers, volunteer and patrons interact. Examples include policies for physical distancing, limiting hours of operations, respiratory etiquette, and frequent hand washing.
3. PPE
   PPE controls the hazard at the worker, volunteer or patron level. PPE is defined in the Occupational Health and Safety Code 2009 Order to include any equipment or clothing worn by a person for protection from health or safety hazards associated with conditions at a work site. Examples of PPE include gloves, eye protection, face protections and masks, and given the breadth of the definition, could include homemade face masks and bandanas if employees are directed to wear such face coverings by their employer.

When a hazard cannot be controlled by a single control method, an employer may use a combination of controls to provide an acceptable level of safety. PPE would only be necessary when hazards related to COVID-19 cannot be completely eliminated by administrative and/or engineering controls.

If an employer determines that PPE is necessary based on the outcome of a hazard assessment, the employer must develop a code of practice. The Guide provides resources to assist in developing this material. OHS Legislation provides additional requirements regarding PPE, including:

• employers who provide PPE must ensure that the workers are competent in the application, care, use, maintenance, and limitations of that equipment;
• supervisors are responsible for ensuring that workers wear PPE provided in accordance with OHS Legislation;
• if a hazard assessment indicates PPE is needed then the employer must ensure that workers wear PPE correctly, that it protects workers, works properly, and that workers are trained about its use, maintenance, care, and limitations; and
• an employer must ensure that using PPE does not endanger the worker.

Key Takeaways

In light of the foregoing, if an employer is considering requiring employees to wear face masks or other protective face coverings (including homemade face masks and bandanas) in the workplace, the employer:

• must conduct a hazard assessment (this should be done irrespective of the safety measure being contemplated);
• should follow the hierarchy of controls noted above (first choice, second choice, third choice); and
• if PPE is required, employers should develop a code of practice and follow the requirements identified in OHS Legislation.

Notwithstanding the above, it’s conceivable that employees may still elect to wear protective face coverings even in circumstances where hazards related to COVID-19 can be adequately addressed by the employer through the use of other controls. Whether such practice is permissible would depend on the internal policies of the employer.   

Guidance regarding the use of PPE may be updated or changed as the COVID-19 situation continues to develop. We will update members as new information becomes available.

Suspension of environmental reporting requirements for industry suspension: For the next three months, no company will have to comply with any reporting requirements for provincial approvals, registrations or licences. The suspension applies to three pieces of legislation at the heart of environmental protection in the province: the Water Act, the Public Lands Act and the Environmental Protection and Enhancement Act.

The order was issued under the authority of the provincial state of public health emergency and will last at least 60 days and as long as 90 days.

Hours of Service: Exemptions for truck drivers and railway operators:  Alberta is temporarily modifying some regulations for truck drivers and railway operators to protect the supply chain and ensure Canadians can access necessities like medical supplies, groceries and fuel during the COVID-19 crisis. Regulatory changes include:

• Working for longer periods of time, provided all safety conditions are met.
• Applying for fewer municipal and provincial overweight permits by increasing the limits on weight of loads some vehicles can carry.
• Being exempt from road bans.
• Being exempt from municipal bylaws that restrict the hours workers operate and park.

These temporary adjustments are being offered as part of pandemic response efforts, provided all safety conditions are being met.

RAIL: The regulation changes also allow provincially regulated railways to temporarily delay audits and retesting of existing operators’ skills and medical fitness to ensure physical distancing requirements can be met.

Unless another deadline is specified, these temporary changes will remain in effect until the ministerial orders end. The ministerial orders will end on whichever date is earliest:

• August 14 or 60 days after the public health emergency order ends, if it ends before June 15 or
• another date determined by the minister or cabinet.

Other Extensions

The expiry date for the following inspection certificates has been extended until May 15, if the certificate was set to expire between March 17 and May 15:

• Commercial Vehicle Inspection certificates and decals
• Out of Province Motor Vehicle Inspection certificates
• Salvage Motor Vehicle Inspection certificates

Modification to Employment Standards: The province amended Employment Standards Legislation: Temporary Layoffs, Group Terminations, and Job-Protected Leaves

The changes to the Code and Employment Standards Regulation (the “Regulation”) include:

• COVID-19 Leaves
• Temporary layoffs
• Notice of schedule changes
• Group termination notices

Temporary Suspension of In-Person Shareholder Meeting Deadlines under the ABCA: The Government of Alberta under the Minister of Service Alberta has temporarily suspended the obligations of Alberta corporations to hold in-person shareholder meetings under the provisions of the Business Corporations Act (Alberta).

Saskatchewan

Essential services: In Saskatchewan, propane is on the list of essential services

Training: Technical Safety Saskatchewan (TSASK) indicated that considering PTI is willing to extend or recognize course credentials past the re-certification date they will recognize the CPA's extension. SaskPower Gas Inspections will allow for a 120-day extension.  

Phase three of Re-Open Saskatchewan began on June 8: 

Businesses and services that are able to begin operation in this phase of the Government of Saskatchewan’s plan to re-open the provincial economy include:

• Places of worship;
• Restaurants and licensed establishments;
• Gyms and fitness facilities;
• Child care facilities; and
• Personal care services that did not re-open in Phase 2.

Guidelines for businesses to reopen are available at www.saskatchewan.ca/re-open.

Increase the size of public and private gatherings:

• Indoor - 15 people
• Outdoor - 30 people

Manitoba

Essential services: The Manitoba government has provided a list of their essential services. View the latest information here.

State of Emergency Extended: While the Manitoba government has extended the provincewide state of emergency beginning Monday, June 15 for a period of 30 days, it has also just announced that it will be releasing its final plan for the third phase for restoring services. 

Following feedback from the public, the Manitoba government is releasing its plan to further ease public health restrictions and continue safely restoring services, effective June 21.

Some of the key changes include:

• removing the maximum capacity of 300 people at any site provided the gathering can be physically divided into sub-groups of 50 or fewer indoors or 100 or fewer outdoors, to a maximum 30 per cent of usual capacity; 
• allowing people from British Columbia, Alberta, Saskatchewan, Yukon, Northwest Territories and Nunavut, and people living in the area of the northwestern Ontario (west of Terrace Bay) to visit Manitoba without having to self-isolate for 14 days; and
• lifting capacity limits for restaurants and bars, as long as there is a  barrier or two metres of separation between people sitting at different tables.

 Click here for detailed information on the plan for Phase Three.

Manitoba businesses can submit questions about how the plan applies to them by visiting the goverment of Manitoba's website.

Manitoba government to increase investment in Canada-Manitoba Job Grant program: The Manitoba government is increasing its investment in the Canada-Manitoba Job Grant program to $5.7 million this year to better assist businesses with staff training costs as they recover from the COVID-19 pandemic.

The program allows employers to apply for up to $10,000 for each of their employees, to a maximum grant of $100,000. Eligible costs include: 

• tuition fees;
• textbooks, software and other required materials;
• exam fees; and
• travel costs for the training of individuals in northern and remote communities.

Applications are now available for Canada-Manitoba Job Grants for 2020-21. The application deadline is July 3. 

Manitoba’s phased approach to re-opening the economy: Manitoba will begin a multi-phased effort starting May 4 to gradually restore services while maintaining social distancing and stringent cleaning practices.

Phase 1
May 4: variety of non-essential health-care and retail businesses will have the option to reopen under strict guidelines. Size restrictions of public and private gatherings of no more than 10 people will remain in place. Travel restrictions will also remain in place such as avoiding all non-essential travel outside of Manitoba, and requirements for self-isolation for 14 days following travel will continue.

Phase 2
Beginning no early than June 1: most other businesses to open, including additional personal services and restaurants. Critical public health measures and travel restrictions may remain in place. Public gathering sizes may be increased.

 Future phases: Additional health measures and travel restrictions may be further eased.

Visit  the Manitoba government’s COVID-19 webpage for information on vehicle registration and driver licensing transactions that can be done without visiting an Autopac agent or one of MPI’s Service Centres in person. 

Special services for Class 1 drivers during COVID-19: In recognition of the important role played by Class 1 drivers, the government has created special processes for all Class 1 drivers to do business with Manitoba Public Insurance over the phone and online. This includes making payments, requesting commercial driver abstracts, renewing a driver’s licence, registration or insurance and more. Click here for details.

Manitoba is actively assessing measures to support trucking operations and ensure the supply chain is maintained during COVID-19. Further information will be available shortly on the Manitoba infrastructure web page. 

Reminder that effective March 24, 2020, truck drivers moving essential freight through Canada’s provinces for COVID-19 relief will be exempt from hours-of-service (HOS) requirements, provided that carriers give advance notice, until April 30, 2020. For further information visit: the MB government’s website: Hours of Service Regulations and Applicability to COVID-19 Response Efforts

Training: Manitoba indicated that considering PTI is willing to extend or recognize course credentials past the re-certification date they will recognize that.

Ontario

Essential services: In Ontario, propane is on the provincial essential services list.  

Training: Directors and company officers will be allowed a grace period of 120 days to submit a new Record of Training (ROT). ROT and ROT training provider renewals will be given a 120-day grace period from the day of expiry.

Toronto and Peel Region moving into Stage 3: Additional businesses and public spaces will be reopening as the Ontario government allows the City of Toronto and Peel Region to move into Stage 3 of reopening the province on Friday, July 31 at 12:01 a.m.  Toronto Public Health and Peel Public Health regions will join the 31 public health regions that entered into Stage 3 on July 17 and 24, 2020.

Nearly all businesses and public spaces to reopen in Stage 3: Nearly all businesses and public spaces in Ontario reopened to Stage 3 on July 17. According to the Minister of Finance, about 99% of businesses will be able to operate in Stage 3, provided that they are in compliance with physical distancing and other safety requirements. Businesses in categories that are not included in the general Stage 3 reopening can visit the website of the Government of Ontario to submit their own reopening proposals.

Ontario extends emergency orders as it moves into stage 3.

 As the province reopens and social interactions increase, Ontario is planning to launch COVID Alert, a new privacy-first exposure notification app to quickly test, trace and isolate cases of COVID-19.

Starting in July 2020, limited in-person education and training may restart for students who were not able to graduate due to COVID-19 closures. This first phase will allow institutions to reopen to provide in-person instruction to students in essential, frontline, and high labour market demand areas, such as nursing, personal support workers, engineering, and other critical professions.

In September, all students will have the opportunity to attend postsecondary education through virtual learning, in-class instruction, or hybrid formats.

Social gatherings versus circles: In addition, larger social gatherings of up to 10 people are now allowed in all parts of the province, and people are encouraged to create or join a social circle. Social circles are different from social gatherings. Social gatherings of people from outside your household are limited to 10 people. A social circle is voluntary, but if adopted should include all household members, and can include family and friends outside the household up to a maximum of 10 people in the social circle, who can interact and come into close contact with one another without physical distancing. To learn how to create a social circle, please see the step-by-step guide.

Canada and Ontario helping small businesses go digital: The Ontario government, in partnership with the federal government, is helping small businesses reach more customers through the Digital Main Street platform. The $57-million program is designed to help up to 22,900 Ontario businesses create and enhance their online presence and generate jobs for more than 1,400 students. Click here for more information on the program.

New Regulation to protect employees from permanent layoffs and businesses from potential closures: The Ontario government says it is taking steps to help ensure that as the economy gradually and safely reopens workers will have jobs to return to and businesses will be protected from incurring unsustainable termination costs. Today, the government announced that it has enacted a new regulatory amendment that will put non-unionized employees on Infectious Disease Emergency Leave during the COVID-19 outbreak any time their hours of work are temporarily reduced by their employer due to COVID-19. This will ensure businesses aren't forced to terminate employees after their ESA temporary layoff periods have expired.

Terminations triggered when temporary layoffs exceed the permitted length under the Employment Standards Act can result in costly payouts which, for many businesses, could be the difference between survival and closure. Under the new regulatory change to the Employment Standards Act, non-unionized employees who have had their hours reduced or eliminated because of the pandemic will be deemed to be on Infectious Disease Emergency Leave. Workers will remain employed with legal protections and be eligible for federal emergency income support programs.

Many businesses had to close or reduce operations to comply with emergency orders necessary to stop the spread of COVID-19. According to Statistics Canada, 379,000 Ontario workers were temporarily laid off in April 2020, an increase of 2,496 per cent compared with one year earlier.

The regulatory amendment applies retroactively to March 1, 2020 and will expire six weeks after the declared emergency ends. The regulatory amendments do not include employees represented by a trade union.

The government is also supporting people and businesses by providing billions of dollars in deferrals and relief. That includes deferring $1.9 billion in Workplace Safety and Insurance Board premium payments until August 31, 2020, $10 billion in interest and penalty relief, and other deferrals to improve cash flow, protect jobs and help household budgets. 

Schools, licensed childcare centres and EarlyON programs will remain closed: The Ontario government announced that it is keeping schools closed for the rest of this school year. The government is planning for the reopening of schools for the 2020-21 school year, the gradual reopening of childcare, and the opening of summer day camps subject to the continuing progress in trends of key public health indicators.

Private schools, licensed childcare centres and EarlyON programs will also remain closed for the safety and protection of children, families and staff through Stage 1 of the Framework for Reopening the Province. Emergency childcare will continue to operate and provide support for health care and other frontline workers. A gradual reopening of childcare is expected to begin when the province is ready to transition to Stage 2 based on public health criteria, which will include robust safety protocols for the safety of Ontario's youngest learners and their staff.

Access to digital learning resources, supports for special education needs and mental health, as well as Internet connectivity and access to devices have all been identified by school boards and other stakeholders as urgent needs during the current school closure period. These organizations and businesses were identified through a call for proposals on the Ontario Together website between March 31, 2020 and April 21, 2020.

Ontario is helping parents pay for the extra costs associated with school and child care closures during the COVID-19 outbreak through the Support for Families initiative, a one-time payment of $200 per child up to 12 years of age, and $250 for those with special needs, including children enrolled in private schools. To date, the province has supported approximately 1.23 million children and youth in Ontario.

Face coverings recommended when physical distancing is a challenge: As Ontario gradually reopens the province, the government is recommending that individuals wear a face covering where physical distancing is not possible, such as on public transit or in a small grocery store or pharmacy. In order to assist people and reduce the risk of transmission of COVID-19, the Ministry of Health released the following face covering recommendations:

• Wear your face covering safely and snugly to cover your nose and mouth, without any gaps. Ensure your face covering is made of at least two layers of tightly woven material and can be cleaned multiple times without losing its shape;
• Medical masks, such as surgical and N95 masks, should be reserved for use by health care workers, those providing direct care, first responders and individuals who are ill and must leave their home for essential reasons such as seeking medical care, picking up medication or groceries;
• Face coverings should not be placed on or used by children under the age of two; anyone who has trouble breathing; and anyone who is unable to remove it without assistance.

To assist provincial transit agencies in protecting transit staff and riders in this new environment, the Ministry of Health is also recommending the following measures be put in place:

• Physical distancing of at least two metres by admitting fewer passengers and using physical markers between seats;
• The use of face coverings, particularly when physical distancing is not feasible;
• Ensuring the availability of alcohol-based hand rub upon entering and exiting the vehicle;
• Implementing engineering controls like plexiglass windows between drivers and passengers; and

Enhanced cleaning, particularly of high-touch surfaces.

Amendments to 2019 greenhouse gas emissions reporting requirements in response to the COVID-19 outbreak: The Ministry of the Environment, Conservation and Parks announced administrative amendments to O. Reg 390/18 in response to the challenges industry is facing during the COVID-19 outbreak, such as staffing shortages. The changes provide temporary relief by allowing for extensions to the 2019 greenhouse gas emissions reporting and verification deadlines.

On April 23, 2020, Environment and Climate Change Canada (ECCC) had announced it will extend the facility greenhouse gas emissions reporting deadline from June 1 to July 31, 2020.

To align with the federal government’s extension and maintain reporting harmonization, Ontario has made amendments to Ontario’s greenhouse gas emissions: quantification, reporting and verification regulation, O. Reg. 390/18 in response to the COVID-19 outbreak.

These include:

• providing authority to the director to extend the June 1 reporting deadline and the September 1 verification deadline in specific circumstances, including:
• emergency situations (such as the COVID-19 outbreak)
• technical issues with the reporting platform
• corresponding changes to relevant federal GHG reporting deadlines
• waiving or delaying the requirement for site visits by third-party verifiers for 2019 in certain circumstances
• delaying the requirement for select facilities to change third-party verifiers specifically for the 2019 reporting year

These amendments allow the director to provide temporary relief for large emitters by extending administrative greenhouse gas emissions reporting and verification requirements without compromising our strong protections for the environment and human health and harmonizes with the federal government.

The government understands that an on-site visit is often part of the verification process and that many businesses are not allowing external visitors on-site or the sites are closed due to physical distancing measures being taken to limit the spread of COVID-19. As a result, they have temporarily removed or delayed site visit requirements in certain circumstances which will help ensure worker safety and physical distancing rules.

New legislation will allow for more virtual or remote transactions during COVID-19: During a special sitting of the Ontario Legislature on Tuesday, May 12, the Declaration of Emergency was extended until May 29. A full list of emergency orders can be found on the e-Laws website, under the Emergency Management and Civil Protection Act.

The House also passed the COVID-19 Response and Reforms to Modernize Ontario Act, 2020, which will help people conduct business while practising physical distancing and includes:

• Enabling corporations to call and hold meetings virtually, as applicable, and extending the time period in which annual meetings must be held in specific circumstances;
• Allowing electronic filing of business registration documents, and the Ministry of Government and Consumer Services to accept copies of business registration documents and e-signatures;
• Allowing for regulations to set out the parameters for remotely commissioning or notarizing a document.

These changes are effective as of May 15, 2020.

Questions about legislative amendments related to copies of documents, electronic signatures on documents, and electronic filing of documents can be directed Andrew Bonisteel, Manager, Company and Personal Property Policy and Regulatory Services at Andrew.Bonisteel2@ontario.ca or (416) 566-5836.

You may wish to visit the following pages for additional information:

• Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020
• Legislative changes to support corporations and businesses
• Personal Property Security Act (PPSA)

New government guidelines to help employers adapt to the new reality: Ontario released guidelines for various sectors as the province turns to re-opening the economy. The new sector-specific guidelines feature recommended actions employers can begin to plan for as they prepare to adapt to the new reality. The province also announced 58 new provincial labour inspectors to help communicate guidelines and enforce emergency measures.

Ontario Unveils Guiding Principles to Reopen the Province: Today, the Ontario government released: A Framework for Reopening our Province, which outlines the criteria Ontario's Chief Medical Officer of Health and health experts will use to advise the government on the loosening of emergency measures, as well as guiding principles for the safe, gradual reopening of businesses, services and public spaces. The framework also provides details of an outreach strategy, led by the Ontario Jobs and Recovery Committee, to help inform the restart of the provincial economy.

The government is planning a stage-by-stage approach to reopening the economy to ensure there are appropriate measures in place so workplaces can open safely. Public health officials will carefully monitor each stage for two to four weeks, as they assess the evolution of the COVID-19 outbreak to determine if it is necessary to change course to maintain public health.

• Stage 1: For businesses that were ordered to close or restrict operations, opening select workplaces that can immediately modify operations to meet public health guidance. Opening some outdoor spaces like parks and allowing for a greater number of individuals to attend some events. Hospitals would also begin to offer some non-urgent and scheduled surgeries, and other health care services.
• Stage 2: Opening more workplaces, based on risk assessments, which may include some service industries and additional office and retail workplaces. Some larger public gatherings would be allowed, and more outdoor spaces would open.
• Stage 3: Opening of all workplaces responsibly and further relaxing of restrictions on public gatherings.

To reopen the economy, the government will consider factors such as the risk of the spread of COVID-19 and the ability to implement protective measures to keep workplaces safe. The Chief Medical Officer of Health and health experts will provide advice to the government about easing public health measures using a range of set criteria, including:

• A consistent two-to-four week decrease in the number of new daily COVID-19 cases;
• Sufficient acute and critical care capacity, including access to ventilators and ongoing availability of personal protective equipment;
• Approximately 90 per cent of new COVID-19 contacts are being reached by local public health officials within one day, with guidance and direction to contain community spread; and

Ongoing testing of suspected COVID-19 cases, especially of vulnerable populations, to detect new outbreaks quickly.

Other TSSA regulation extensions:

Grace period of 120 days to perform home inspections (appliances and propane containers): The Technical Safety Standards Association has issued guidelines for their operation protocols during COVID-19: TSSA Considerations During COVID-19.  The guidelines include a 120-day grace period to perform home inspections (appliances and propane tanks). But, at this time, the TSSA will not automatically accept deferring all inspections except emergency ones.

Mandatory pre-license inspection: TSSA will renew a license even in cases where the mandatory pre-license inspection could not be performed. TSSA will defer the inspection requirement for a maximum 90-day grace period or 14 days after the state of emergency in Ontario is lifted.

RSMPs : While TSSA will continue to seek licensing renewals from organizations, they are offering a grace period of 120 days, when necessary, to submit a new or revised Risk and Safety Management Plan (RSMP) for new owners or where site changes necessitate a new RSMP

Ministry of Transportation Lifts Reduced Load Period in South Ontario to Assist with COVID-19 Relief : To support Ontario’s need to move essential freight and supplies during the current COVID-19 emergency, the Ministry of Transportation is including the commodities listed for exemption in the federal Hours of Service exemptions as issued by Transport Canada (see below) from Reduced Load Periods across southern Ontario – this includes propane:

• Medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;
• Supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants;
• Paper products and other groceries for emergency restocking of distribution centers or stores;

Immediate precursor raw materials – such as paper, plastic or alcohol – that are required and to be used for the manufacture of items in categories (1), (2) or (3);

• Fuel;
• Equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19

For complete details and the geographic scope of these provisions please click here: COVID-19 Update – Temp Changes to Reduce Load Period Restrictions_public

Drivers licences: The Ministry of Transportation and Ministry of Health, in cooperation with the Ministry of Government and Consumer Services and Service Ontario, is extending the validity period of driving products, services and health cards. It includes: extensions for driver licences, licence plate validation, Ontario Photo Cards, and Commercial Vehicle Operator Registration certificates, among others.

Total fire ban  –  including outdoor fires – except for those using propane: This decision by the provincial government overrides any municipal bans in place. The restriction will continue until Ontario’s ability to respond to emergencies is no longer impacted by the COVID-19 pandemic.

Support to the trucking sector: The Ontario government is offering a new free 511 app which will provide truck drivers immediate access to the information they need to stay safe, fed and rested while delivering essential goods across the province during the COVID-19 outbreak.

The Ontario 511 app provides images from over 600 cameras and includes up-to-date highway information on construction, collisions and road closures. It also identifies open rest areas and locations throughout the province that offer food and fuel. The app includes an easy to use map view and features a drive mode that provides hands free audio alerts.   

Québec

Essential services: In Québec, propane is on the provincial essential services list.  

Training: The Régie modified its expectations regarding the processing of operating permit renewal requests. Please consult the questions and answers included on the yellow banner on the RBQ website by clicking on “COVID-19” then on “Gas”. (available here in French only)

Increasing gathering numbers: The province of Québec will allow indoor gatherings of up to 50 people starting on June 22. The province has announced that in places with seating, people will be expected to keep 1.5 metres apart – but in large gathering areas where there is a lot of circulation, people will still be expected to keep 2 metres apart. In all areas, children under 16 are to keep only 1 metre apart. 

Extra time for mechanical checks: Due to the backlog resulting from the pandemic, the Société de l’assurance automobile du Québec says agents responsible for roadside vehicle inspections are facing a much greater demand than usual.

In this context, the deadline is extended until June 30 for mechanical checks and preventive maintenance that should have been carried out in May and until July 31 for those that should have been carried out in June. The mechanical checks scheduled for July are to be completed by July 31, as usual. Owners are encouraged to keep their current sticker, even if it has expired.

A document to keep in your vehicle is also available on the company's website. If you already have it, you are encouraged to download it again: changes have been made recently. For more information, view SAAQ’s frequently asked questions.

Reopening of economic activities: The government announced the gradual reopening of various sectors and businesses. Starting from May 25, retail stores in the Communauté métropolitaine de Montréal with direct exterior access that customers usually use can resume their activities. Businesses in the stores’ supply chains can resume their operations on the same date.

Starting on May 25, manufacturing companies throughout Québec will be authorized to resume their operations with no restriction on the number of employees present to ensure such operations.

All employees who can engage in teleworking must continue to do so.

Manufacturing companies already in operation to produce priority services and activities or inputs or raw materials required by priority services and activities with a number of employees beyond the limit adopted starting from May 11 can continue at the same pace until May 25.

To properly equip workplaces to establish preventive measures and answer employers’ and workers’ questions, please consult the following tools:

• CNESST – Tool to help you 
• Questions and answers pertaining to employers and workers
• Questions and answers concerning stores, public spaces and services

The businesses that will be added during subsequent phases will be announced in the coming weeks.

Resumption of outdoor sports and leisure activities: On May 13, the government announced a plan to gradually resume certain outdoor sports and leisure activities, provided that the guidelines issued by the public health authorities, especially physical distancing rules, are followed.

This first resumption phase applies throughout Québec.

To view the list of activities permitted, visit the Resumption of sports and leisure activities page.

Regions to reopen: The government announced a plan to gradually reopen the following regions spread over several weeks.

Since May 4, 2020, access is allowed to the regions of:

• the Antoine-Labelle, Argenteuil, Pays-d’en-Haut and Laurentides regional county municipalities for the Laurentides health region;
• the territories of the Autray, Joliette, Matawinie and Montcalm regional county municipalities for the Lanaudière health region;
• the territories of the Bellechasse, L’Islet and Montmagny regional county municipalities for the Chaudière-Appalaches health region;
• Rouyn-Noranda for the Abitibi-Témiscamingue health region.

Since May 11, 2020, access is allowed to the:

• Outaouais health region, except for trips from Ottawa to Gatineau;
• the Saguenay—Lac-Saint-Jean and Abitibi-Témiscamingue health regions;
• the La Tuque population centre for the Mauricie and Centre-du-Québec health region.

Since May 18, 2020, access is allowed to:

• the Bas-Saint Laurent, Gaspésie—Îles-de-la-Madeleine health regions;
• the territories of the Charlevoix and Charlevoix-Est regional county municipalities for the Capitale-Nationale health region;
• the territory of Ville de Gatineau and Les Collines-de-L’Outaouais regional county municipalities contiguous with Ontario.

Starting from May 31, 2020, the following place will be accessible:

• the Côte-Nord health regions, except for the Minganie and Golfe-du-Saint-Laurent (Basse Côte-Nord) RCMs.

A reopening plan will be announced later for the following regions and territories:

• the Minganie and Golfe-du-Saint-Laurent (Basse-Côte-Nord) RCMs;
• Nord-du-Québec;
• Nunavik;
• Cree Territory of James Bay.

To obtain additional information on the restrictions now in force, please visit Travel between regions and cities.

End of exemption from driving and rest time rules: Given the gradual recovery of activities in Québec, services in the transportation industry are gradually returning to normal. Consequently, to prevent fatigue at the wheel and reduce the risk of accidents, the exemption provided for in the Regulation respecting the hours of driving and rest periods for drivers of heavy vehicles in the event of a disaster or pandemic will no longer apply.

All owners, operators and drivers of heavy vehicles will therefore be required to comply with the regulatory obligations related to driving and off-duty hours as of Saturday, May 16 (12:01 a.m.), regardless of the type of cargo they are transporting. The hours worked by a driver during the exemption period will have to be counted from that time on. Since the vehicle they drive will no longer be subject to an exemption, their driving hours will have to be counted as part of their work cycle. It is important that the driver takes the necessary rest periods to ensure compliance with the applicable regulations and, therefore, with the planned work cycle. These measures are intended to maintain safe roads.

However, the situation surrounding COVID-19 is still evolving. In certain circumstances, it is possible that the services of some carriers may still be required to assist during the pandemic. If this is the case, contact the Forensic Science and Vehicle Safety Branch for more information. You can do so by telephone at 581 990-8214 or 418 528-3214, or by e-mail at desv@saaq.gouv.qc.ca.

A frequently asked questions section has been set up on the Société de l'assurance automobile du Québec website. It is updated regularly to answer your questions and concerns.

Traffic exemption of large road trains over the holidays: Due to the COVID-19 pandemic and the state of health emergency, the Ministry of Transportation has suspended the obligation to refrain from driving over the next few statutory holidays: May 18, June 24 and July 1, 2020, which would normally be imposed on the driver of overlength road trains (large combination vehicles) under paragraph 3 of section 9 of the LCV Special Permit Regulation (chapter C 24.2, r. 36). For more information, consult the Ministry of Transportation website.

Extra time for mechanical checks: The Société de l'assurance automobile du Québec has reassessed the time frames granted to perform annual or semi-annual periodic mechanical inspections.

As previously announced, a deadline was granted until May 31 for mechanical inspections and preventive maintenance that were due in March and April. A one-month extension was also granted for those expiring in May, which must be completed by June 30. Owners are encouraged to keep their current sticker, even if it has expired. There is no time limit at this stage for mechanical checks due in June - they must therefore be done before June 30, as is normal.

The latest information is published daily on the SAAQ’s website. A document to keep in your vehicle regarding these measures is also available on the SAAQ website. If you already have it, you are advised to download it again as changes have recently been made.

Québec postpones the reopening of retail businesses in the Metropolitan Community of Montreal: On May 4, 2020, the Government of Québec announced that the reopening of retail businesses with direct access to the outdoors in the Montreal Metropolitan Community (CMM) will now be postponed until May 18 (initially scheduled for May 11). In addition, the government has specified on its site that only shops with an exterior entrance usually used by customers are authorized to reopen, with the exception of direct exterior access.

Retail businesses and businesses in the CMM retail supply chain: The CMM is made up of the Island of Montreal, Laval and the North and South Rives of Montreal.

The announcement of the postponement was made the same day that retail stores with direct access outside of Greater Montreal (as well as companies in their supply chain if they are located outside the territory of the CMM) were allowed to reopen. As mentioned before, the ability to maintain the current reopening schedule depends on the progression of the virus and the ability of the health system to cope with it. The delay was caused by congestion in Montreal hospitals. Other delays are possible.

Direct access to the outside: Government site now clearly states that retailers cannot use anything other than regular customer entry (for example, employee entry, shipping / receiving door or other service entry) as a means of 'opening their stores in May. Access to retail businesses through an indoor common area is prohibited. Many mall retailers therefore cannot open on May 4 or May 18, as the case may be. 

Installation of protective partitions to prevent the spread of COVID-19 in passenger vehicles, trucks and buses: Recently, various stakeholders in the transportation community have expressed some concerns about the installation of barriers that offer protection against the coronavirus. These concerns are related to best practices for installing protective partitions in vehicles and ensuring they are as safe as possible and meet the guidance of the the Institut national de santé publique du Québec (INSPQ) or other authorities recommending this protective measure.

It is not unusual to install partitions in a vehicle to isolate passengers or the driver. This measure may be considered necessary to ensure the protection of the occupants, given the current health crisis. The installation of such structures must, however, never compromise the safety of the driver or passengers of the vehicle and must be carried out in accordance with the regulations.

A guide has recently been published by the Société de l’assurance automobile du Québec (SAAQ) on best practices for the installation of protective partitions. The information contained in the guide should be viewed as advice and not as obligations imposed by SAAQ. In addition, SAAQ will not verify the installation of these structures.

Consult the guide (in French only) to learn more.

End of thaw period: The dates for the end of the heavy vehicle load restriction period have been released for zones 2 and 3.

As a result, the load restrictions will be lifted on the following dates:

• Zone 1: Friday, May 8, 2020 at 11:59 p.m., as scheduled.
• Zone 2: Friday, May 15, 2020 at 11:59 p.m.
• Zone 3: Friday, May 15, 2020 at 11:59 p.m.

As in previous years, the start and end dates of this period are modulated to reflect the varying climates of each of the three zones. For more information, visit the Ministry of Transportation website.

Québec government gradually reopening economic activities: After the recent announcement to re-open Preschool, elementary and secondary schools, the Quebec government today announced that various sectors and businesses will be able to resume operations gradually. These re-openings, approved by the public health authorities, will take place in phases, depending on the business sectors and geographic areas. Thus, in the coming weeks, various activities will be authorized to resume while ensuring, however, that measures aimed at safeguarding the health and safety of workers and customers are put in place.

At all times, it will be essential that the population continues to comply with health instructions in order to limit the risks associated with the spread of the virus. In particular:

• hand-washing;
• cough and sneeze into your elbow; and
• maintaining a distance of 2 meters between people.

When a distance of 2 meters between people cannot be respected, it is strongly recommended to wear a face cover. Companies that are able to retain employees by telecommuting are encouraged to do so.

The following sectors and businesses will be able to resume operations gradually:

• May 4: retail businesses with direct access to the outside will be able to resume their activities, with the exception of those in the Montreal metropolitan community, which will be able to reopen on May 11. Companies in the retail supply chain will be able to resume operations on the same dates.
• May 11: construction sites in all sectors of the construction industry will be able to resume their activities. This recovery concerns all sectors of the construction industry, namely: residential, civil engineering and roads, institutional and commercial as well as industrial. This recovery also leads to the reopening of industry supply chains.

The administrative staff of this sector must remain telecommuting.

• May 11: manufacturing companies in all regions of Quebec will be able to resume their activities. However, they must have, at all times, on the same site, a maximum of 50 workers and 50% of the employees exceeding the bar of 50 workers per shift, at any time of the day. As examples:

• a manufacturing site employing 60 workers during the same shift must operate with a maximum of 55 employees;
• a manufacturing site employing 500 workers during a single shift must operate with a maximum of 275 employees.

• May 25: manufacturing companies from all regions of Quebec will be authorized to resume their activities without any restriction as to the number of employees present to ensure their operations.

All employees who can telecommute will continue to do so. Companies that will be added to the subsequent phases will be announced in the coming weeks.

Québec Emergency Order provides more flexibility for virtual shareholder meetings: Pursuant to the Public Health Act, on April 26, 2020, the Québec Minister of Health and Social Services issued an order (the Order) providing greater flexibility to hold virtual-only annual general meetings of shareholders for issuers incorporated under the Business Corporations Act (Québec) (QBCA).

Virtual-Only Meetings: With respect to annual shareholder meetings, the Order provides that:

• Any meeting that take place in person may be held by means that enables all members to communicate with each other immediately; and
• When a secret ballot is required, it may be held by any means of communication agreed on by all persons who are entitled to vote or, failing that, by any means enabling both that votes be gathered in a way that they may be verified afterwards and the preservation of the secret nature of the vote.

As announced by Québec’s justice minister (French only), the Order provides additional flexibility for corporations in Quebec looking to hold virtual-only meetings. While Section 175 of the QBCA permits a QBCA incorporated corporation to hold a meeting of shareholders by telephonic or electronic means, this ability is subject to the corporation’s by-laws. The Order permits shareholder meetings to be held virtually, regardless of any provision in the corporation’s by-laws.

General

The Order is also aimed at:

• Not-for-profit legal persons incorporated under Part III of the Companies Act (Québec) whose constitution or by-laws prohibit participation in a meeting by technological means;
• Cooperatives for their annual meeting or those whose by-laws do not permit it for a special meeting;
• Partnerships whose partnership agreement prohibits participation in a meeting or assembly by technological means; and
• Professional orders and syndicates of co-ownership.

The Order will be in effect until the end the declared public health emergency or until the Government or the Minister of Health and Social Services modifies or terminates it.

CNESST flexibility measures for employers and workers in response to COVID-19

To help clients during the COVID-19 situation, the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) is introducing special flexibility measures.

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. Also available: CNESST - Tools to help you.

Quebec government is recommending voluntary face masks: The National Director of Public Health is now recommending the wearing of face masks as an additional tool to limit the spread of the virus. Considering that scientific evidence confirms that people without symptoms can transmit the COVID-19 virus, it is now a recommended measure to protect others.

The government emphasizes, however, that wearing a face mask is not a substitute for protective measures such as hygiene and physical distancing. It is also important to remember that it is essential for anyone with symptoms of COVID-19 to isolate themselves at home.

The government has also published an explanatory video on the proper use and safe wearing of face masks.

Authorization letter to travel between regions for Québec: Since March 28, 2020, movements from one region to another in Quebec have been tightly controlled, and this for the entire population, including the staff of members of the Organisation de la sécurité civile du Québec (OSCQ). It is proposed that a letter be provided to your staff when they need to travel in the controlled regions within a province or between provinces. Click here for more information and a model letter.

Drivers licences and vehicle registrations for carriers (trucking industry): According to TEC – Transport-Expert Conseil, the Société de l'assurance automobile du Québec (SAAQ) is implementing new measures to reduce the risk of infection and protect heavy vehicle drivers who are carrying out essential work during this crisis (English available below French). To prevent non-essential trips to our service outlets, the SAAQ is asking all peace officers to disregard the expiry dates of driver’s licences and vehicle registration certificates. Drivers are asked to keep their current documents.

In addition, given the current situation, owners who must have their road vehicle inspected by a specialized vehicle inspection agent will be given an additional month in which to carry out the inspection. Owners are asked to keep their current certificates, even if they have expired. The latest information is published daily on the SAAQ website at saaq.gouv.qc.ca.

Société de l’assurance automobile du Québec: Frequently Asked Questions: Frequently asked questions have been posted on SAAQ's website. It is updated regularly and SAAQ encourages you consult it before calling or visiting one of their points of service.

Regulation respecting hours of driving and rest for heavy vehicle drivers: Like other Canadian provinces, the SAAQ suspends the application of the regulation respecting hours of driving and rest for heavy vehicle drivers, which will allow certain truckers to drive more than 13 h per day. Drivers of heavy vehicles are exempt from legislative and regulatory obligations related to driving and rest hours provided that they transport:

• food,
• sanitary or medical equipment,
• pharmaceutical products,
• products necessary for the production of food, or
• a combination of the goods listed above.

Seasonal load restrictions: Propane deliveries to agricultural customers for the production of food products are allowed under certain conditions and are therefore not subject to load restrictions in connection with the thaw period.

However, it is the carrier's responsibility to demonstrate and justify that propane is necessary for the manufacturing of food.

• If the transporter only goes to a destination whose product is required to produce the food, he is authorized to do so without load restriction.
• On the other hand, if the carrier has more than one delivery and one of them is not involved in the production of food, it is subject to the rules in effect for load restrictions.

No form of tolerance is authorized by the police and highway inspectors on this very specific file.

You can access the website of Transport Québec (in French) for more information.

Support to the trucking sector: Implementation of a front-line service with the SAAQ to meet the needs and requirements of truckers (essential service by appointment)

• Several seasonal rest areas have been - and others will be - opened earlier than usual. There are 5 stops that can open early in the Bas-Saint-Laurent, Gaspésie, Estrie, Chaudière-Appalaches and Mauricie

• They are deploying sanitary blocks equipped for disinfection on 6 sites located along major highways
• All rest areas (permanent) are kept open 24/7. The toilets and parking lots are accessible at all times. In service areas, road users also have access to gas, convenience stores, drive-thru service and the fast food counter.
• A special measure has been implemented for maintenance so that staff clean and disinfect the premises on a continuous basis and precise attention is paid to bathrooms, seats, tables, counters and door handles.
• The services of the 42 relay villages throughout the country are also still available. The following services are considered essential: toilets and secure stopping places available 24 hours, gas and food.

Temporary change made to the date of switching to summer gasoline: The Department of Energy and Natural Resources announced that the date required for the transition to summer gasoline is temporarily changed (in French only) and will be in effect from April 9 to June 30, 2020, thus giving the margin necessary for refiners to produce and store species with low volatility for the summer period.

The relief will allow refiners, importers and distributors of petroleum products to comply with volatility requirements in the coming weeks and thus be able to run out of inventory and start producing and storing lower volatility gasoline for the summer period. This temporary exemption period will ensure the distribution of essential fuels for the transportation of goods and the maintenance of public safety. The approach adopted is consistent with the actions taken by several Canadian provinces, including Ontario and New Brunswick, as well as many American states, including New York State.

Postponement of the 2019 Declaration of GHG Emissions: As per the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (RDOCECA), if you have distributed more than 200 liters of motor fuels between January 1 and December 31, 2019 and you are the first to carry out in Québec one of the following activities, you are subject to the RDOCECA and you must declare your emissions, at the latest, exceptionally, on July 31, 2020:

• The sale or exchange, by a person or a municipality, of fuels and combustibles that are refined, manufactured, mixed, prepared or distilled in Quebec by this same person or municipality;
• The sale or exchange in Quebec of fuels and fuels from outside Quebec;
• The importation into Quebec of fuels and combustibles;
• The distribution of natural gas in Quebec.

The letter from the government (link to Letter PDF) (in French only) contains the necessary information. You will find all the information required to file your return on the ministry's website in a section specifically dedicated to fuel and fuel distributors (in French only). You can also join the responsible team at the following telephone number: 1-418 521-3833.

Open fires prohibited in two regions due to the pandemic. The regions affected by the decision are those of Montérégie and Estrie. They include the territories of Sherbrooke, Brome-Missisquoi, Haut-Richelieu and Vallée-du-Richelieu, Longueuil and Beauharnois-Salaberry in particular.

New Brunswick

Essential services: In New-Brunswick, all heating fuels including propane is considered as an essential service in the province.

Training: Considering all licences, registrations, certificates and permits issued by the Province of New Brunswick valid as of March 16, 2020, shall remain valid until May 31, 2020, PTI re-certification is also extended to May 31, 2020.

Next phase of recovery: All zones in New Brunswick – except Zone 5 (Campbellton region) – have moved to the second phase of the Yellow level. During this time, Public Health measures and guidelines must still be followed. 

Occupancy of any facility must be based on the ability to maintain physical distancing between people that are not close friends and family. Venues with indoor events with controlled entry and/or controlled seating, are required to capture contact information on persons using the facility. This will enable Public Health to conduct targeted contact tracing in an expeditious manner should there be a COVID-19 case associated with the facility.

• Household bubble can be extended to close friends and family. 
• Non-regulated health professionals and businesses can open, including acupuncturists and naturopaths.
• Personal services businesses can open, including: barbers, hair stylists, spas, estheticians, manicurists, pedicurists, and tattoo artists.
• Outdoor gatherings in uncontrolled venues with distancing of 50 or fewer.

For travel:

• Everyone entering New Brunswick at any point of entry, including airports, must stop when instructed to do so by a peace officer and answer any questions as required to support the intent of the requirements of the Chief Medical Officer of Health.
• New Brunswick residents returning home from work in another Canadian province or territory no longer need to self-isolate for 14 days but must self-monitor for symptoms of COVID-19.
• Canadian residents owning property in New Brunswick will be permitted to enter the province provided they self-isolate for 14 days, or the duration of the visit if shorter than 14 days.
• Canadian residents can visit family members in New Brunswick provided they self-isolate for 14 days, or the duration of the visit if shorter than 14 days.

 It is anticipated that Zone 5 will move to the Yellow level on Friday, June 26.

Temporary foreign workers to be permitted: Starting May 29, temporary foreign workers may enter New Brunswick under strict public health guidance, including isolating for 14 days before beginning work.

Post-secondary education institutions: Registered students can move to the province to resume or start studies at New Brunswick post-secondary institutions for the fall semester. This includes students from other provinces and from outside of the country. They will be required to self-isolate for 14 days upon arrival. Students are not permitted to commute daily from outside New Brunswick to attend classes.

Playgrounds: Early learning and childcare facilities will now be permitted to resume using outdoor playgrounds and equipment, provided they continue to follow the required stringent cleaning protocols. More information on which school facilities are open to the public, such as playgrounds and sports fields, is available through each respective school district.

Local governments can open their parks and playgrounds if they can ensure they meet the requirements outlined by Public Health.

State of emergency remains in effect: The latest version of New Brunswick’s State of Emergency mandatory order is available online.

New Brunswick government moving to phase two of recovery plan: New Brunswick’s COVID-19 recovery plan has transitioned to the next phase. Under Phase 2 (also designated as Orange level), several activities and openings are permitted, subject to maintaining physical distancing measures, general guidelines from Public Health and the Guidelines for New Brunswick Workplaces issued by WorkSafe NB.

Businesses do not need to be inspected before re-opening, but they must prepare an operational plan that can be provided to officials, if requested. Businesses may open immediately, but it is up to each business operator to decide if they are ready and if all guidelines have been met.

Re-openings and activities include:

• Elective surgeries and other non-emergency health services, including dental, physiotherapy, optometry and massage therapy.
• Outdoor public gatherings, with physical distancing, of 10 or fewer people.
• Indoor public gatherings, with physical distancing, of 10 or fewer people for in-person religious services, weddings and funerals.
• All in-person programs at post-secondary institutions, subject to the COVID-19 directives from Public Health. Virtual education options should be continued wherever possible.
• Cultural venues such as museums, galleries and libraries.
• Offices not deemed essential during the initial phase.
• Retail establishments, including malls.
• Restaurants.
• Campgrounds and outdoor recreational activities, such as zoos and outfitters.
• Early learning and childcare centres regulated by the Department of Education and Early Childhood Development will be permitted to reopen as of May 19. The department will contact operators to provide further information in the coming days.
• Non-regulated childcare providers may open as of today but must adhere to Public Health guidelines, including having an operational plan.
• Day camps, if the organization can adhere to Public Health measures set out in the document called COVID-19 Recovery Phase: Guidance to Early Learning and Childcare Facilities and Day Camps.
• ATV trails across the province.

In addition, face masks will be required to be worn in public if physical distancing cannot be maintained.

Information on public health recovery phases, measures and guidelines is available online.

Business owners who have questions can contact Opportunities NB Business Navigators by emailing nav@navnb.ca or by calling 1-833-799-7966.

Personal protective equipment: The government is developing a website, which will be available next week, that will have a list of suppliers that provide personal protective equipment to private industry.

New Brunswick's re-opening plan: The New Brunswick government announced its phased approach to re-open the economy. As a first step, the following is allowed, effective April 24:

• Golf courses and driving ranges: If all physical distancing and safety measures are in place, golf courses and driving ranges can now open.
• Recreational fishing and hunting: The delay on springs seasons has been lifted.
• Outdoor spaces: With physical distancing, people can enjoy the outdoors including parks and beaches.
• Carpooling: Co-workers or neighbours can carpool if physical distancing measures are maintained by transporting the passenger in the backseat.

A guidance document of the public health measures during the recovery phases is being developed and will be available soon.

Large gatherings, events and concerts prohibited: Large gatherings such as festivals and concerts are prohibited through Dec. 31, 2020, subject to change.

Nova Scotia

Essential services: It is our understanding that propane is included in Nova Scotia’s list of what is an essential service.

Training: The province does not oversee or track PTI renewals. PTI has extended course credentials past the re-certification date.

Driver licences: All driver licences expiring in March, April and May are extended until August 31, 2020.

Gathering limits increasing: As of June 18, 2020:

• Outdoor playgrounds can reopen
• Family household bubbles are replaced with a 10-person gathering limit without social distancing
• Gathering limit increased to 50 people for indoor and outdoor gatherings with social distancing

Nova Scotia's re-opening plan: Nova Scotia’s phased re-opening plan includes the following measures:

• provincial and municipal parks can reopen, but playground equipment will continue to be off limits
• trails are allowed to open
• people are allowed to use and visit community gardens
• garden centres, nurseries and similar businesses can open
• sportfishing is permitted from shore or boat, but fishing derbies are not allowed
• people can attend boating, yacht or sailing clubs for the purpose of preparing boats for use
• golf driving ranges can open, including those at golf clubs, but the course must remain closed; golf clubs can perform necessary maintenance and preparations for opening
• people can use their cottages. Use is restricted to one household unit at a time, travel must be directly to the cottage and back, and travelling back and forth frequently from cottage and primary residence is discouraged
• provincial and private campgrounds remain closed, but they can perform necessary maintenance and preparations for opening. An exception is recreational vehicles parked year-round at private campgrounds, which can be used but must follow the same rules as cottages

A phased plan to further lift public health restrictions is under development. The timing of each phase will be guided by public health recommendations and scientific evidence.

Nova Scotia extends deadline for registry motor vehicle services: The province of Nova Scotia is extending the deadline for some Registry of Motor Vehicle services until further notice because of COVID-19. Of note:

• Driver licences: All driver licences expiring in March, April, May and June will have a five-month extension from the original expiry date. For example, if a licence expires on April 15, the new expiry date is Sept. 15.
• Motor vehicle inspections: Motor vehicle inspections expiring in March, April or May will now be valid until June 30.
• Vehicle registrations: Vehicle registrations expiring Dec. 31, 2019, and later, are extended until Aug. 31. This includes all vehicle types, as well as off highway vehicles, motorcycles and trailers. Vehicle registrations may be renewed online.

Prince Edward Island

Essential services: In Prince Edward Island,  propane is considered a household needs and is considered as an essential service - services that the interruption of which would endanger the life, health or personal safety of the whole or part of the population.

Training: Chief Inspector mentioned all related permits, licenses or requirements to submit documents have been extended until the end of May for our sector. Please contact Ryan MacCormak if you need assistance.

PEI - Prince Edward Island moves to Phase 4: Prince Edward Island is further relaxing restrictions as Phase 4 begins on Friday, June 26.

• Larger organized gatherings – organized gatherings of up to 50 people will be re-introduced, including for worship services, organized sports, day camps and events like weddings and funerals.
• Personal gathering limits – limits will remain at no more than 15 people indoor and 20 people outdoor while maintaining physical distancing with individuals who are not part of a person’s household. 
• Businesses – additional businesses providing personal services, such as facials and piercings, can open. Accommodations will open for non-PEI residents, including campgrounds, hospitality homes, inns and bed and breakfasts. 

Registrar of motor vehicles: All licenses renewals can be done online and at this time they do not anticipate an issue with renewals of existing licenses.

Newfoundland

Essential services: Newfoundland and Labrador has declared retail businesses that provide the following goods and services to be essential: Home fuel distribution.

NL: Government announced essential worker support program: The Provincial Government announced the Essential Worker Support Program. This program, which is cost-shared with the Federal Government, will provide a one-time payment to individuals who meet eligibility criteria and who work in professions included in the Government of Canada’s “Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic” document, available on the Public Safety Canada website.

Employers will begin to receive payments on behalf of the employees starting in July, and will then submit payments as part of their regular payroll remittance.The application for compensation will be available after the 16-week eligibility period, and will be administered by the provincial Department of Advanced Education, Skills and Labour. Employers must complete the application on behalf of all qualifying employees, providing proof of the employees’ eligibility. Employers can begin submitting applications on July 6, 2020 and will have until July 30, 2020 in which to apply.

Funding for this program includes an estimated $13.8 million from the Provincial Government and $52.5 million from the Federal Government

Gatherings and public spaces: The Newfoundland and Labrador government has entered Alert Level 3.

Gatherings for funerals, burials and weddings are expanded to 20 people in Alert Level 3, as long as physical distancing can be maintained. Wakes remain prohibited.

The expansion to outdoor gatherings with 20 people means individuals who are not symptomatic can now hold activities like backyard get-togethers or family barbecues, as long as physical distancing can be maintained.

At all gatherings, individuals are reminded that:

• The maximum number of people allowed is 20;
• Those 20 people must be able to maintain physical distancing;
• Those people who are not in the same bubble should be six feet apart;
• Providing and sharing food is not recommended;
• People should practice proper cough and sneeze etiquette and good hand hygiene; and,
• If you are sick and invited to a gathering, you must stay home.
• The rules for extended bubbles announced on May 29 continue to apply in Alert Level 3. People are reminded that if there is anyone self-isolating in a particular household, people living in that household cannot join bubbles with anyone else until the isolation period is over.

For additional information on these measures, please click here.

Newfoundland and Labrador introduce "double bubble" plan: The province of Newfoundland and Labrador joined New Brunswick in introducing a “double bubble.” Effective today, a household can socialize with one other household. The province also announced its re-opening plan. It is currently at “Alert Level 5”, and will de-escalate as follows:

Alert Level 4 – May 11:

• low-risk outdoor recreational activities can resume (e.g. golfing, fishing, hunting);
• low-risk non-essential businesses can open (e.g. law firms, accounting firms, garden centres);
• resumption of some medical procedures in regional health authorities;
• limited expansion of child care centres;
• funerals with a maximum of 10 people are permitted.

Alert Level 3 – June 8 at the earliest:

• private health care clinics can resume (e.g. optometry, dentistry);
• medium-risk businesses can open (e.g. hair salons, pet grooming);
• restaurants can re-open at reduced occupancy;
• medium-risk outdoor recreational activities can resume (e.g. team field sports);
• further expansion of child care centres.

Alert Level 2 – date not yet set:

• small gatherings allowed;
• high-risk businesses can open (e.g. shopping centres, cinemas);
• bars and lounges are permitted to open with reduced occupancy;
• medium-risk recreational facilities can open (e.g. gyms, fitness facilities).

Alert Level 1 – date not yet set:

• Alert level 1 is the new normal. Consideration of lifting long-term public health measures will depend on evaluation of transmission patterns, availability of an effective vaccine and/or treatment, and a strong public health system

Permit: All Propane Plant licenses, Gas Fitter, Gas Installer, and Gas Verifier Certificates have been issued for 2020 with expiry dates of December 31, 2020

Training certification: The following Propane Training Institute certificates for Bulk Plant Operations (600-03), Bulk Truck Propane Delivery  (300-01) and Propane Pump Attendant (100-01) which require renewal every three years are hereby granted the 120-day extension.

With Come By Chance Refinery stopping production because of COVID-19, cost to get propane to Newfoundland and Labrador will rise

Members of the Canadian Propane Association that supply propane to Newfoundland and Labrador will see the cost of transporting this essential fuel to the province rise significantly.

The refinery was proactively shut down due to health and safety concerns related to COVID-19. To be clear, the CPA fully supports the Government of Newfoundland and Labrador for taking this action. The health of Canadians is what matters most

However, fact remains that no longer will propane be sourced from Newfoundland and Labrador. With the refinery down for an undetermined period of time, the costs of transporting propane to Newfoundland and Labrador which include, rail, truck and shipping will go up significantly.

The CPA will be communicating to Newfoundland and Labrador Board of Commissioners of Public Utilities the importance of considering these unforeseen additional freight costs due to COVID-19 when determining the price for propane in the province.