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As the global COVID-19 pandemic is threatening a longer than anticipated stay in Canada, many readers have been seeking clear and accurate coronavirus information as it relates to their daily lives. Here, we answer your pressing COVID-19 legal questions.
Did Canada Criminalize COVID-19 Measures Requiring Masks, Distancing, Quarantining & Vaccines?
Although a popular Facebook post claimed just that, Canada did not criminalize COVID-19 security measures. In fact, many provinces have instituted stricter COVID-19 measures, such as obligatory face masks, quarantine and a plethora of other measures.
Am I Still Eligible For CERB Payments?
The Canada Emergency Response Benefit (CERB) offers up to $500 a week to workers who have stopped working due to the coronavirus. You may be eligible for CERB payments if:
- You were laid off from your job or your hours have been reduced to zero;
- You are in quarantine or sick because of COVID-19;
- You are away from work to care for others who are in quarantine or sick because of COVID-19;
- You are away from work to care for children or other dependants whose daycare closed due to COVID-19.
You don’t qualify if you voluntarily quit your job.
CERB is available to employees, people who are self-employed, contract workers, and parents who are on Employment Insurance (EI) parental benefits. It is also available to people on EI who have used all of their benefits and are now unable to find a job.
On Sept. 27, three million Canadians will transition into the “simplified” EI program. This new benefit that pays $400 a week for up to 26 weeks will replace the CERB for about one million people who don’t qualify for EI.
Can I Be Evicted During COVID‑19?
The coronavirus pandemic has left many Canadians without a job or with reduced hours, and wondering how to pay their rent. Rental housing falls under provincial jurisdiction, and many have instituted measures to suspend evictions in their respective regions.
Alberta
Many of Alberta’s temporary COVID-19 measures are no longer in effect. For example, scheduled rent increases may now take effect provided proper notice has been given to tenants.
Additionally, late fees that are a reasonable estimate of the landlord’s losses can be applied to late rental payments if set out in the rental agreement. Late fees were not permitted from April through June and cannot be applied retroactively for that period.
Bill 23, the Commercial Tenancies Protection Act, prevents commercial tenants who have lost more than 25% of their revenue due to the coronavirus pandemic and have been forced to close due to public health orders, or those who would qualify for federal support but their landlords won’t sign up, from being evicted for non-payment of rent between June and Aug. 31.
British Columbia
Between April and August, a B.C. government program offered temporary rent support for those who lost income due to the pandemic. Renters who are still experiencing a loss of income may be eligible for rental assistance for lower income families and seniors.
The provincial government froze rent increases until Dec. 1, 2020. Landlords can still notify you of a rent increase, but it can only come into effect after Dec. 1, 2020.
The ban on evictions for non-payment of rent due to COVID-19 ended on Aug. 18, 2020.
A landlord cannot issue a Notice to End Tenancy for unpaid rent or utilities due between March 18, 2020 and Aug. 17, 2020 unless the landlord has given the tenant a repayment plan for the unpaid amount and the tenant has defaulted on the repayment plan.
Additionally, landlords cannot charge late fees for any unpaid rent during this specified period.
Late payment of rent and non-payment of rent during the specified period are not considered “cause” for eviction.
Ontario
On March 19, 2020, the courts instituted an order that halted the eviction of most tenants during the coronavirus state of emergency. This order was lifted on July 31, 2020.
In Ontario, evictions may resume as of Aug. 4. This means that if the Landlord and Tenant Board (LTB) has made an eviction order against you, your landlord can now have the Sheriff enforce the order.
Quebec
As of July 7, Quebec landlords can begin acting on evictions approved before March 1. All eviction rulings from after March 1 will take effect on July 20.
A governmental decree on March 17 had suspended evictions in the province, and the Regie du Logement housing tribunal also paused most hearings until June.
Am I Eligible for Employment Insurance if My Employer Reduces My Hours?
You can only get EI benefits if you had to stop working. You are not eligible for EI if your hours have only been reduced.
However, you may be eligible for EI sickness benefits if you have to work fewer hours, and your income decreases by at least 40% because:
- You are sick, injured, quarantined, pregnant, or
- You have to care for a child or family member with a serious medical condition.
If your Long-term disability insurance provider is refusing you coverage, we’ll connect you with experienced lawyers who will help you out!
Can I Get Fired for Refusing to Go to Work During COVID-19?
Your employer cannot fire you for having the coronavirus. This would breach many provinces’ Human Rights Codes. However, if you do not have COVID-19, and your employer remains open, they may be able to fire you for not coming to work.
Alberta
AlbertaIn light of COVID-19, the Alberta government suggested that the pandemic is an “unforeseeable circumstance” requiring employers to provide as much notice as possible to employees.
While temporary layoffs in Alberta cannot exceed 60 days in a 120-day period, the habitual 60-day period has been extended during COVID-19 to 120 days.
On March 17, 2020, the Alberta government amended the provincial Employment Standards Code to allow full-time and part-time employees to take up to 14 consecutive days of unpaid, job-protected leave where they need to self-isolate or care for a dependent who needs to self-isolate.
British Columbia
According to pre-COVID-19 provincial labour law, temporary layoffs may not exceed 13 weeks in a 20-week period. However, B.C. recently approved an Order in Council temporarily amending the Employment Standards Regulation, to extend the period of temporary layoff to up to 16 weeks during 20 consecutive weeks, if COVID-19 is the reason for the layoff.
Ontario
In Ontario, temporary layoffs can only last 13 weeks or less, in any period of 20 consecutive weeks. However, a “week of layoff” is a week in which an employee earned less than half of what would normally be earned in a week. In such cases, legislation does not require employers to provide a written notice or reasons for the layoff.
In response to the coronavirus crisis, the Ontario legislature amended the Employment Standards Act, 2000 to provide employees with an unpaid, job-protected leave of absence for reasons related to COVID-19 and other infectious diseases.
Similar to other provincial COVID-19 layoff amendments, employees are entitled to this leave for a variety of health-related reasons.
Quebec
In Quebec, a temporary layoff cannot exceed six months. Layoffs that exceed this limit will be deemed a termination, in which case the laid off employee may be entitled to termination pay. The layoff period may be longer where consented to in a collective agreement.
Terminating employment requires payment to the employee. However, there is an exception to this requirement, namely, where the termination or layoff was as a result of “superior force.” “Superior force” refers to an unforeseeable and inevitable event, such as the H1N1 virus, recognized by Quebec courts to meet the legal criteria. As such, many assume that COVID-19 will also be included in this definition.
Can I Refuse Work Due to COVID-19?
In certain circumstances the answer to this questions is a definite yes. For example, if you have coronavirus symptoms or have arrived from outside of Canada in the last 14 days, you should be able to refuse work without any hassle.
More generally, workers have the right to refuse work if they believe it presents an undue hazard. Although every province has its own legislation regulating workers’ rights, generally, an employee can refuse work where there is a risk of an undue hazard.
For example, COVID-19 can be an undue hazard where a worker’s job places them at increased risk of exposure and adequate controls are not in place to protect them from that exposure.
People are Selling Toilet Paper, Masks and Hand Sanitizer Online at Crazy Prices. Is That Legal?
Throughout the COVID-19 pandemic, many of “profiteers” have been reselling certain products at exorbitant prices, which although not illegal in Canada, is being fought by many provinces.
Some municipalities have levied fines. B.C. authorities, for example, can ticket people and businesses up to $2,000 for reselling essential goods and supplies and price gouging. A COVID-19 price-gouging class action lawsuit Canada has also been launched in Ontario.
The first COVID-19 price-gouging lawsuit filed in Canada accuses Waterloo-based Caonic Systems Inc. of reselling N95 face masks at a price that’s more than five times higher than the regular listed price.
Do you have COVID-19 legal questions? Share them with us in the comments below!
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3 thoughts onYour COVID-19 Legal Questions Answered
Can I qualify for refunds for cost of living(accommodation, prescribed medication, food etc.) due to extended stay in another country during CoVid? Many flights booked, then cancelled.
Q1. Do I owe my employer for the two months when I could not go into work?
Q2.Was it legal for my employer to evict me?
Q.3 Can I apply for CERB retroactively?
BACKGROUND INFO
I received notification from the government of Ontario that If I was immune-compromised, I should not even go out of the house to get groceries. I am 3 years cancer free aiming for five alive. I was teaching and my pay included reduced rent on a home.
In September, I contacted my employer to see what arrangements could be made, so I could continue working for them, but be protected from the coronavirus.
Shortly after that, I was airlifted to a hospital where a doctor told me that she believed I would soon be dead. I called my employer to let them know. The head of the school board replied”I don’t care, if you cannot go into work, you need to get out of that house. The house belongs to the school board if you cannot go into work, you need to leave so someone who can go into work can live there”
I had been sending work into school with my teaching assistant prior to that.
The school board sent me a letter stating they want the money back that they paid me for September and October.
I had not applied for CERB, because I believed I was still working for the school board.
Prior to that, back in March when other teachers were sent out of the community, I put in long hours and even paid for my TA to deliver and pick up assignments from students.
I am homeless, and in a great deal of pain, trying to find shelter wherever I can while I try to get all the medical tests done.
the feds paid one time payment to disabled, yet there are many who have been declared disabled by provinces, i myself have been declared disabled in 2 provinces, yet i won`t get the federal benefit, this totally unfair and seems to me a double standard from feds.