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Ontario and Quebec Order Non-Essential Business Shutdowns

By Andrew Shaw, Claire-Marie Colantuoni & Shyama Talukdar on March 25, 2020
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On March 23, 2020, both Ontario Premier Doug Ford and Quebec Premier François Legault announced a major development in the management of the COVID-19 crisis in each of their provinces: the immediate shut down of all non-essential services , effective Tuesday March 24, 2020 at 11:59 p.m. EST. The Ontario shutdown is for at least two weeks, while Quebec’s shutdown is for at least three weeks.

Both Ontario’s Regulation and Quebec’s Order in Council formalizing the announced orders were published today. Ontario’s is available here and Quebec’s here.

Quebec’s Order in Council brings several changes to the original list of priority services and activities published online the afternoon of March 23, 2020. The Order in Council authorizes Quebec’s Minister of Health and Social Services “to add or delete priority services or to make clarifications” and, because of the fluidity of the situation, we would anticipate further changes and clarifications be made in due course.

EFFECT OF THE SHUTDOWNS

These orders target physical “places of business” in Ontario or “work environments” in Quebec and intend to enforce social distancing and prevent the spread of COVID-19. However, both provinces have encouraged businesses to engage in teleworking and e-commerce and, for those essential businesses that continue operations, to do so bearing in mind directives issued by public health authorities.

There is obviously overlap between the Ontario and Quebec lists. By way of example, in both provinces, the following will remain open:

Food: Grocery and convenience stores are open, as are restaurants (takeout and delivery only) and businesses involved in food production or delivery. That includes pet food stores.

Liquor: The LCBO and SAQ will continue to operate.

Pharmaceuticals and Medical Devices: including pharmacies, manufacturers, wholesalers, distributors and retailers of pharmaceutical products and medical supplies/devices.

Priority Manufacturing and Transportation: inputs necessary for priority sectors, food chemicals, etc.; public transportation, airports, ports, etc.

Utilities: Energy, water, telecom and garbage-collection utilities will continue to run. Check your municipal government to learn more about whether billing for those utilities has been waived or postponed near you.

But Ontario’s list of “essential businesses and descriptions appear much broader than Quebec’s list of “priority services” and descriptions. For example:

  • Ontario has listed “Professional services including lawyers and para-legals, engineers, accountants, translators” whereas Quebec has “Professional orders – public protection component”.
  • Ontario describes “manufacturing and production” essential workplaces more generally than does Quebec, which is more specific in its listing of “priority manufacturing activities”.

While we wait for any further guidance from either government, what seems clear is that the Quebec order, for now, presents a more restrictive interpretation than Ontario, thus potentially targeting certain services or activities within a business.

However, the penalty for breaching the order is much steeper in Ontario, where a corporation found in breach is liable for up to $10 million dollars and each day in violation is a separate offence. In Quebec, any person in breach of the order is liable for a fine between $1000 and $6000, which amounts are doubled in the case of a second or subsequent offence.

We would also expect both the Ontario and Quebec governments to provide clarification as the situation evolves and businesses respond.

Please reach out to our team if you have questions about your business and either order.

 

Photo of Andrew Shaw Andrew Shaw

Andrew Shaw has a general and diverse labour and employment practice. Andrew regularly represents employers in the Ontario Superior Court of Justice and before various labour, employment and human rights related administrative tribunals. In particular, his practice is focused on providing his clients…

Andrew Shaw has a general and diverse labour and employment practice. Andrew regularly represents employers in the Ontario Superior Court of Justice and before various labour, employment and human rights related administrative tribunals. In particular, his practice is focused on providing his clients with strategic advice regarding various matters including employment standards, labour arbitration, collective bargaining, human rights, wrongful dismissals and occupational health and safety. Andrew also regularly assists clients with reviewing and updating their workplace policies and procedures, as well as providing the training required to ensure these policies are properly implemented and applied. Prior to attending law school, Andrew held labour relations positions at both private and public sector companies. In these roles, he managed the processing of grievances to an appropriate resolution, assisted internal clients with the interpretation of employment-related legislation, and provided counsel to senior management as required.

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Photo of Claire-Marie Colantuoni Claire-Marie Colantuoni

Claire-Marie Colantuoni advises on a wide range of labour and employment law matters, providing practical legal and business advice to both domestic and international clients. Called to the bar in both Ontario and Quebec, her practice encompasses all areas of labour and employment…

Claire-Marie Colantuoni advises on a wide range of labour and employment law matters, providing practical legal and business advice to both domestic and international clients. Called to the bar in both Ontario and Quebec, her practice encompasses all areas of labour and employment law in both Canadian common law and Quebec’s civil law jurisdictions, with a particular focus on employment standards, wrongful dismissals, workplace policies, human rights, occupational health and safety, and privacy.

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Photo of Shyama Talukdar Shyama Talukdar
Shyama Talukdar’s practice includes representation of employers at labour arbitrations and in disputes before the Human Rights Tribunal of Ontario. She regularly acts for employers in employment-related litigation and mediation, including cases involving wrongful dismissal and breach of contract. Shyama also assists clients
…
Shyama Talukdar’s practice includes representation of employers at labour arbitrations and in disputes before the Human Rights Tribunal of Ontario. She regularly acts for employers in employment-related litigation and mediation, including cases involving wrongful dismissal and breach of contract. Shyama also assists clients in day to day employment matters including conducting workplace investigations, and drafting effective employment contracts, voluntary resignation agreements, and workplace policies.
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  • Posted in:
    Employment & Labor, International
  • Blog:
    Canadian Labour and Employment Law
  • Organization:
    Baker McKenzie
  • Article: View Original Source

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