Legislative Newsflash Ontario – EWRB Extended Deadline & Changes to the Employment Standards Act - June 2020

The legislative newsflash from CondoVoice in June 2020 highlights two key legislative changes impacting condominium corporations in Ontario. The first change concerns the Energy & Water Reporting & Benchmarking (EWRB) filing deadline, which has been extended from July 1, 2020, to October 1, 2020, due to the challenges posed by the COVID-19 pandemic. Building owners can report their data until the extended deadline, and reporting support will be available through the Ministry and Service Ontario.

The second change relates to the Ontario Employment Standards Act, 2000. On May 29, 2020, the provincial government introduced Ontario Regulation 228/20, Infectious Disease Emergency Leave, which suspended certain Employment Standards Act provisions regarding temporary layoffs and deemed terminations. Non-unionized employees temporarily laid off between March 1, 2020, and six weeks after the provincial state of emergency is lifted are deemed to be on authorized "Infectious Disease Emergency Leave." Additionally, employees whose wages or hours are reduced due to the pandemic are not entitled to claim constructive dismissal under the statute. However, the new regulation does not apply to employees who were terminated or deemed terminated on or before May 29, 2020, and does not prevent employees from making claims for wrongful or constructive dismissal in the courts