The document summarizes updates on housing law and employment/work law in Ontario during the COVID-19 crisis.
For housing law, it discusses issues around evictions, rent increases, landlord access, and health and safety. For employment law, it covers the Canada Emergency Response Benefit (CERB), eligibility for Employment Insurance, rights around unsafe or reduced work, and protections against firing. The workshop was presented by the Somali Canadian Association of Etobicoke with support from the Ontario Law Foundation.
1. WORKSHOP #4 (PART 2)
COVID-19: UPDATES ON THE
LAW AND LEGAL SERVICE IN
ONTARIO
2. Somali Canadian Association
- The Somali Canadian Association of
Etobicoke with generous support from the
Ontario Law Foundation has currently
offered this workshop based on the updates
on the law and legal updates in Ontario amid
the COVID-19 crisis.
5. COVID-19 and Housing Law
Evictions and Rent
My landlord says I have to start paying rent by
automatic charges to my bank account or credit
card. Do I have to do this?
- No! Your landlord cant make you pay by post-dated
cheque, by pre-authorized debit or credit card charges,
or any other form of automatic payment.
- This is true even if your tenancy agreement says you
must pay this way
- You can continue paying rent by any other method set in
your agreement. If your agreement doesn't’t say how to
pay, you can continue paying the way you usually do
6. COVID-19 and Housing Law
Evictions and Rent
I have a hearing coming up at the Landlord and Tenant Board
but I heard they are closed. What should I do?
- As of March 19 2020, all –in person hearings at the
Landlord and tenant board are postponed
- If you are represented by a lawyer or a paralegal, make
sure to tell them right away if the LTB contacts you
- If the LTB considers your situation urgent, they might hold a
hearing by telephone, and they might schedule it very
quickly
- This could happen if your landlord is claiming that you have
done something that is:
- Illegal, or
- A serious threat to the safety of other tenants or the
landlord
7. COVID-19 and Housing Law
Evictions and Rent
I couldn’t pay rent this month and my landlord is
threatening to evict me. What can I do?
- Landlords can’t evict you themselves. This means
they can’t change the locks and they can’t get
someone else, like the police to evict you—there is a
process that landlords have to follow
- On March 19, 2020—the Ontario government put an
order in place that stops all evictions until court and
tribunal offices open again
- But if the landlord can convince the Superior Court of
Justice that the situation is extremely urgent, the
8. COVID-19 and Housing Law
Suggestions for if you think you are in danger of being evicted illegally
or if your landlord will illegally lock you out of your home?
(1) You need a safe place outside of your apartment to store information
and documents, whether that is digital (email or cloud) or physical
(envelope). While social distancing, you can deliver the envelope to
someone you trust (otherwise you can keep it on your person)
(2) This needs to be something you can reliably access if you are
unexpectedly locked out. Saving photos just on your cellphone isn’t
good enough!
(3) In your safe place or envelope, store your landlord(s) full name(s),
addresses, telephone numbers and email addresses if you can find
them. Try to distinguish between who owns the building, who
manages it, and any superintendents. The more contact info the
better.
(4) Save the full names + contact info of friends, family and neighbors
who could confirm that you live in your rented space and who have
visited you before
(5) If you can.. Take clear photos of all your belongings in your rented
space, far back enough to recognize the room. Take some pictures
with you in it make sure your camera has the right date and time set
9. COVID-19 and Housing Law
The Normal Eviction Process
- When tenants owe rent, landlords can give them a
notice
- If the tenant doesn't’t pay within 14 days, or within 7
days if it’s a weekly tenancy, the landlord can apply
to the Landlord and Tenant Board (LTB) for an
eviction order
- If the tenants isn’t able to stop the eviction, the
eviction order can later be enforced
- Your landlord can get the Sheriff to physically evict
you and change the lock—but during the COVID-19
emergency, the LTB is not scheduling eviction
10. COVID-19 and Housing Law
Evictions and Rent
My landlord gave me a notice that my rent is going up
on the 1st of the month. Can they still raise my rent
during the COVID-19 emergency?
- The Ontario government hasn’t made any
announcements about a rent freeze during the COVID-
19 pandemic. So as long as the rent increase is legal, it
can still go ahead
- Your rent increase is probably legal if:
- Your landlord gave you a written notice at least 90 days
before the date of the increase
- The notice is properly filled out on the Landlord and
Tenants Board’s Form N1
- The date of the increase is at least 12 months after your
last rent increase
11. COVID-19 and Rent Relief
Rent Relief Has Arrived: Ontario-Canada Emergency Commercial
Rent Assistance
- On April 24 2020, the Ontario government announced that it would
be partnering with the government of Canada to implement certain
rent relief measures through the Ontario- Canada Emergency
Commercial Rent Assistance Program (OCECRA)
OCECRA Program
- Under the OCECRA program, eligible commercial property owners
experiencing potential rent shortfalls are entitled to apply for a
forgivable of up to 50% of rent payable by their small business
tenants during the months of April, May and June 2020
Who is Eligible to Apply
- Commercial property owners with a commercial component
comprising at least30% of the development with small business
tenants, being a tenant the (1) pays a gross rent of $50,000 per
month or less and (2) is a non-essential small business that has
temporarily closed, or is experiencing a 70% decrease in revenues
12. COVID-19 and Housing Law
Safety and Privacy
Can my landlord refuse to come in to do repairs
because of COVID-19?
- Landlords are responsible for repair's and maintenance
of your unit and any common areas of the building,
expect for damage caused by you or your guests. This
hasn’t changed because of the COVID-19 emergency
- If your landlord doesn’t feel safe coming into your unit
because of COVID-19, you can ask them to hire
professional tradespeople to do repair.
- Residential and maintenance repair services were not
required to close under the March 24, 2020 emergency
order
- If your landlord doesn’t take action you can ask your
local property standard or by-law enforcement office to
send an inspector – but during the COVID-19
13. COVID-19 and Housing Law
Safety and Privacy
My landlord wants to show my place to prospective
tenants or buyers. Can I stop people from coming in if
I’m worried about COVID-19?
- Your landlord normally has some rights to show your
place if they give your proper notice
- This time they are coming in must be between 8am and
8pm you can agree to a different time, but you don’t have
to
- To show your place to a possible buyer, insurer, or
mortgage lender, your landlord must give you notice in
writing at least 24 hours ahead of time
- Your landlord can show your place to a possible tenant
only if :
- You have given notice to move out
14. COVID-19 and Employment/Work
Canada Emergency Response Benefit (CERB)
Employment Insurance (EI) Benefits
Unsafe Work
Workplace Closures
Fired/ Laid Off
Other Benefits
Students
15. COVID-19 and Employment/Work
Canada Emergency Response Benefit (CERB)
Who can get the Canada Emergency Response Benefit (CERB)
and how do I apply?
- The Canada Emergency Response Benefit (CERB) gives up
to $500 a week to workers who have stopped working
because of COVID-19. this might be because:
You’ve been let go or laid off from your job or your hours have
been reduced to zero
You are in quarantine or sick because of COVID-19
You’re away from work to care for others who are in
quarantine or sick because of COVID-19
You’re away from work to care for children or other
dependants whose daycare has closed because of COVID-19
- You do NOT qualify if you VOLUNTARILY quit your job
- The benefit is available to employees, people who are
self-employed, contract workers and parents who were
receiving EI parental benefits
16. COVID 19 and Employment/Work
Canada Emergency Response Benefit
CERB What you need to apply/Eligibility
Requirements/payments
What you need to apply
- To apply all you need is a Social Insurance Number and an
online account with CRA or Service Canada
Eligibility Requirements
- There are slightly different requirements for getting CRA and
Service Canada. This chart compares some of these
requirements
Payments
- Payments can be made by direct deposit or cheque. If
you’re eligible for the CERB, you will get $500 per week
- If you applied through the CRA, you will be paid $2000 for
17. COVID-19 and Employment/Work
Eligibility Requirements Service Canada CRA
You must be: 15 years old and a
resident of Canada
15 years old and a
resident of Canada
You must stop working
for:
7 days in a row during the
2 –week period that
you’re applying for
14 days in a row during
the 4-week period you’re
applying for
You must have made: $5,000 in 2019 or the 12
months before you apply.
This income must be EI
insurable earnings. This
means you must gave
paid into EI when you
received it
$5000 in 2019 or the 12
months before you apply.
This $5000 can come
from any combinations:
employment,self-
employment,
maternity/paternity
benefits EI
You will get your
payments of:
$1,000 every two weeks $2,000 every four weeks
CERB ELIGIBILITY
18. COVID-19 and Employment/Work
Canada Emergency Response Benefit
CERB: What if I find out later that I don’t qualify?
- CERB applications are being processed very quickly using
“attestations”. Attestations are promises by people applying
for the CERB that they qualify. There is no requirement to
provide a record of employment or any other supporting
documentation at this time
- The government said that at a later date they will be reviewing
applications more closely. And if they decide that you did not
qualify for CERB, you may have to pay the government back
- The government has suggested that they may use the tax
system to sort out the incorrect payments next year
- The government is NOT allowed to charge interest on any
money have to pay back
- This means that you should not apply for the CERB if you do
not believe you qualify
19. COVID-19 and Employment/Work
Employment Insurance
How do I get a copy of my Record of Employment
(ROE)?
- Your ROE is a form that your employer fills in with
information like how long you’ve worked for them, how
many hours you worked, and how much you earned
- Your ROE also gives the reason why you’re no longer
working . For example it will say if you were laid off, quit,
or were fired
- There are two ways for employer to give you your ROE
they can send your ROE to the government electronically
- Your employer must send me electronic copy within 5
days of the end of the pay period in which you stopped
working
20. COVID-19 and Employment/Work
Employment Insurance
Can I get Employment Insurance (EI) if my employer
reduces my hours of work?
- Employment Insurance (EI) benefits may be available
if your employer reduces your hours of work.
Workers are eligible to apply for EI Special Benefits if
their weekly income goes down by 40% because they
are ill, injured, quarantined, pregnant or have to care for
a child or family member with a serious medical condition
- How much you’ll get on EI depends on:
The number of hours you worked in the year before you
apply
The unemployment rate in the region where you live at
the time you apply
21. COVID-19 and Employment/Work
Employment Insurance
Can I apply for Employment Insurance (EI) if I’m in
quarantine?
- As of April 6 2020, employees, self-employed
people, and parents who were receiving EI parental
benefits can apply to the CERB for up to $500 a
week
- This benefit is available to people who have stopped
working because of COVID-19. This includes people
who are quarantined because of COVID-19
22. COVID-19 and Employment/Work
Unsafe Work
With schools and daycares closed, I can’t come to work
because I have to be home to take care of my kids. What
are my rights?
- On March 17th, the Ontario government declared a state
of emergency . This means that if you are covered by the
Ontario Employment Standards Act, you may have the
right to take time off if you can’t do your job because:
- You need to take care of your child/family member, or
relative that depends on you for care and support
- Your workplace was ordered to close (for example, public
libraries, theatres, indoor recreational facilities)
- An order by public health authorities or emergency
authorities prevents you from doing your job
23. COVID-19 and Employment/Work
Unsafe Work
I have a medical condition that makes me worry about
being exposed to COVID-19 and my employer needs me
to come into work. What can I do
- If you’re at a higher risk of getting COVID-19 because of
a medical condition that you already have, this counts as
having a disability under the Ontario Human Rights Code
- This means your employer has to accommodate your
needs. Talk to your employer and tell them how your
medical condition might affect your ability to work,
especially if you have to interact with the public. Your
employer can ask for medical documentation to confirm
what you say
24. COVID-19 and Employment/Work
Unsafe Work
My workplace is not clean and I’m worried about COVID-
19. What can I do?
- Employers have a legal duty to keep their workplace
safe, which includes keeping it clean. What the law says
that employers must do depends on the type of
workplace
- Some examples of what an employer may have to do
because of the COVID-19 outbreak are:
Install hand sanitizer stations
Put hand sanitizer in washroom
Tell cleanings staff to clean and disinfect surfaces
frequently
Reduce activities where there’s physical contact between
25. COVID-19 and Employment/Work
Unsafe Work
I don’t want to go to work because I’m worried about getting
COVID-19. Can my employer fire me?
- Your employer cannot fire you for having COVID-19 this would
go against the Human Rights Code
- If you do not have COVID-19 and your employer remains
open, they may be able to terminate you for not coming to
work
- But there are situations when you can take an unpaid leave of
absence from work. This will protect you from being fired….
You’re sick with COVID-19/ You’re caring for a family member
who is sick with COVID-19/ You’ve been ordered to
quarantine or isolate
There’s a new section of the Employment Standards Act
(ESA) that seems to allow employees to take a leave of
absence if they CHOOSE to self-isolate or quarantine
26. COVID-19 and Employment/Work
Unsafe Workplace
I work for a municipal government and have been told that I now have to work
at a long-term care home. Can I refuse?
- On March 17 2020, the Ontario government declared a state of
emergency, this gives them powers that they normally don’t have
- The government used these powers to pass regulation that says
municipalities can staff their long-term care homes in ways they usually
cannot do
- Municipalities include cities, towns and regions
- With the new law, municipal staff, who usually do other jobs, can be told to
work in long-term care homes that are run by the municipality. And
employers don’t have to follow the collective agreements of unionized staff
when they do this
What can you do?
The Occupational Health and Safety Act lets most workers refuse to do work
that NOT safe, but this does not apply to workers who the law says are
“employed in the operation” of a long-term care home. It’s not yet clear
whether this includes workers who are moved to long-term care homes for a
period of time but will later go back t their old jobs.
If you’ve been told you’re now working in a long-term care home, you may be
able to ask your employer to accommodate or do things differently for you
27. COVID-19 and Employment/Work
Unsafe Workplace
I work in health care. What safety measures does my employer have to take?
This Ministry of Labor has published information about what the law says health-care
employers must do when dealing with an “infectious disease” such as COVID-19.
The Ministry says that:
Employers must provide safety equipment that’s appropriate for the work being
done
Employers must train staff to use this equipment
Workers must have access to hygiene facilities, such as hand-washing stations
and alcohol-based hand cleanser. Employers must make sure that workers are
told and trained about the risk of infection in the workplace
Rights related to refusing work
- Most workers in Ontario have the right to refuse unsafe work. But for some
workers there are limits on their right to refuse unsafe work For example, health-
care workers may only use this right for dangers that are not a normal part of the
job
- Dealing with infectious disease is a normal part of work in health care—this means
health care workers can probably not refuse to do work just because there’s a risk
28. COVID-19 and Employment/Work
Workplace closures
I don’t have paid sick days from my employer. What should
I do?
- The Ontario Employment Standards Act says you can
get up to 3 days of sick leave if you have worked for your
employer for at least 2 weeks in a row. But it doesn’t say
your employer has to pay you for those days
- Some workplaces, such as banks, telecom companies
airlines, and railways, are covered by the Canada Labour
Code instead. Under that law, employees can take up to
17 weeks unpaid said leave.
Federal Benefits
- As of April 6 2020, employees, self- employed people
and parents who were receiving EI parental benefits can
29. COVID-19 and Employment/Work
Workplace Closures
Can my employer make me use vacation time during
the COVID-19 outbreak
- Unless your employment contract says something
different, your employer can decide when you take
vacation
- If your employer says that you must take your
vacation during the COVID-19 outbreak, they have
to pay you for this time
30. COVID-19 and Employment/Work
Workplace closures
What happens if my workplace closes because of COVID-
19?
- If you workplace closes PERMANENTLY due to COVID-
19, your employer owed you termination pay and in
some cases severance pay. This applies as long as
you’ve worked for at least 3 months
- Employers may call this a layoff, termination, or an end
of employment relationship. But no matter what they call
it, they owe pay in lieu of notice to their employees
CERB
- If you have stopped working because of COVID-19,
you may be eligible for the CERB. It gives $500 a
week to those who qualify for up to 16 weeks
31. COVID-19 and Employment/Work
Fired/Laid Off
Can my employer fire me or lay me off permanently
because of COVID-19?
- A layoff is when an employer cuts all of a worker’s hours
because there’s not any work for them to do. This
includes lack of work because of COVID-19
- In Ontario, when people are permanently laid off or fired,
the employer usually has to pay termination pay, as long
as the worker:
Has been employed for more than 3 months, and
Was not “terminated for cause”. Being terminated for
cause means that your employer says that they’re firing
you because of something you did or did not do
- Employees who are eligible for termination pay must be
paid at least one week’s pay. And they may be owed
more the longer they’ve worked for the employer
32. COVID-19 and Employment/Work
Fired/Laid Off
Can my employer lay me off temporarily because of
COVD-19?
- Because of COVID-19, many employers have shut down
or reduced their business hours
- In certain situations, an employer can temporarily lay off
employees
- Unless your employment contract clearly says that you
can be temporarily laid off, you can usually treat a
temporary layoff as a constructive dismissal –this is like
being fired. If this happens, your employer must give you
pay in lieu of notice
- Usually, a temporary layoff must last for less than 13
weeks in any 20-week period. During a temporary layoff,
an employer does not have to:
- Give pay in lieu of notice, as they normally would under
33. COVID-19 and Employment/Work
Other Benefits
Can I apply for WSIB benefits due to COVID-19?
- In Ontario, the Workplace Safety and Insurance
Board (WSIB) provides benefits to workers who are
injured or become sick while at work. The WSIB
considers COVID-19 to be an “occupational illness”
- WSIB benefits are only for workers who become
infected with COVID-19 while at work
- They’re not for someone whose workplace closes
because of the virus. And they’re not for people who
are in self-isolation and do not develop symptoms
34. COVID-19 and Employment/Work
Other Benefits
What is Ontario’s Emergency Assistance Program?
- On March 23 2020, the Ontario government announced an
expanded, Emergency Assistance program that’s being run
through Ontario Works (OW)
- The emergency program is not for people who are already on
OW or ODSP
- Its for people affected by COVID-19 and includes:
Stopping for now the rule that says people can get emergency
assistance only once in a six-month period, and
Letting people get emergency assistance for 48 days rather
than 16 without having to complete a full OW application
- Emergency assistance helps people who are in a crisis or
emergency situation. It covers needs such as food, rent,
medicine, informal, childcare, and other services
35. COVID-19 and Employment/ Work
Students
I’m a student. What government benefits can I get
because of COVID-19?
- The government of Canada has created a new
Canada Student Emergency Benefit (CSEB). It will
give students $1,250 a month, and some people
will be able to get more than this
- The CSEB will not be available to international
students. It’s only for Canadian students studying
in Canada or abroad
Editor's Notes
Talking Points:
Once the way you pay has been set, it can’t be changed unless both you and the landlord agree. So if your landlord want you to pay your rent, you don’t have to agree!
If you or your landlord are concerned about physical distancing or isolation during the COVID-19 situation, you can discuss ways to pay your rent safely
No matter how you pay your rent, it’s a good idea to ask your landlord for a receipt each time you pay. This will help you prove that you paid your rent if the landlord says later you didn’t pay. The law says that if you ask for a receipt, your landlord must give you one free of charge
Talking Points:
If you get a notice, email, or message about a telephone hearing, make a note of your hearing date and the LTB file number
Then try to get legal help right away
You can contact your local community legal clinic
You can also register for tenant duty counsel advice
Talking Points:
If your landlord is threatening to evict you now, there are a few things you can do:
Call the Rental Housing Enforcement Unit (RHEU) at 1-888-772-9277 (toll-free) or 416-585-9277
The RHEU can contact your landlord to discuss the situation, they might be able to get your landlord to stop, or to let you back in if you’ve already been evicted illegally
Additionally you can call your local community legal clinic and tell them what is happening
Furthermore, you can call the police non-emergency number. Sometimes police officers won’t get involved in this kind of situation. But many police forces are aware of the danger of illegal evictions during the COVID-19 crisis
Talking Points:
Ontario tenants worried their landlord will illegally lock them out of their home can take a few important steps now to prepare and give the legal system the best chance of getting them back into their rented space if that happens, here are some things you can do…......
Talking Points:
Even though evictions are stopped for a while, you will most likely have to get caught up on your rent eventually, even if you have lost income because of COVID-19
For information about possible sources of income you can visit canada.ca
Talking Points:
If you can’t pay the rent because of the COVID-19 emergency , it’s important to know that the Landlord and Tenant Board is not scheduling eviction hearings or making eviction orders for rent arrears during the crisis
But even though evictions are stopped for a while, you will have to get caught up on your rent eventually
The Ontario government hasn’t announced any new financial help for renters specifically– but you can look at the new benefit program for people’s income affected by COVID-19
Talking Points:
If you’re sick from COVID-19 or if you’re self isolating or quarantined, you should make sure your landlord tells the repair service
Before starting work, the tradespeople might want to take precautions such as wearing a mask or other protective clothing
Or they might want to wait until your situation changes, for example, when 14 days have passed
You should allow a reasonable time for your landlord to get the repair done
Talking Points:
Please note that if you applied for EI regular or sickness benefits after March 15, 2020, your claim will be handled as if you applied for the CERB. You don’t have to do anything more.
You can apply for CERB either through the Canada Revenue Agency (CRA) or Service Canada or through a toll-free number
You must not apply to both or you may have to repay some of the money you receive. To find out whether you should apply through CRA or Service Canada,
Talking Points:
For the payments ….if your situation continues, you can re-apply up to a maximun of 16 weels. The maximum of 16 weeks is the same whether you apply through the CRA or Service Canada. To continue reciveig benefits you will need to reapply or recertify
Note that the CERB payment are taxable income. This means that many people who are recieving CERB will have include this money when they file their taxes. And because the goverment is not deducting taxes from CERB you may have to pay taxes from CERB you may have to pay taxes on it next year
Talking Points:
If you have questions about whether you’re eligible for the CERB, you can contact the CRA at 1-800-959-2019 or 1-800-959-2041, or Service Canada at 1-833-699-0299
Talking Points:
You have to tell your employer as soon as possible if you are doing this
Your employer can ask you to prove why you can’t come to work, but their request has to be reasonable
Talking Points
For legal help and advice about your right to accommodation, you can contact the Human Rights Legal Support Centre
Talking Points:
if you think that your workplace is not safe because of poor cleaning or some other reason, you can report this to the Ministry of Labor
The Ministry of Labor recommends that you first speak with your employer or Joint Health and Safety Committee, if your workplace has one –but you do not have to speak to your employer before making a complaint
Talking Points :
Because it’s a new law, there have not been any court cases that have explained these terms
So, it’s not clear how this section will affect employees who work in what the government has called essential workplaces
The Prime Minister, the Premier of Ontario, Ontario’s Chief Medical Officer of Health, and Canada’s Chief Public Health Officer have all advised Canadians to stay at home.”
Talking Points:
This could apply if you or a family member you’re caring for is at high risk if they get COVID-19, it may go against the Code to make you work in a long-term care home.
Talking Point:
This is a complicated area of law and everyone’s situation is different. Employees who think they’ve been permanently laid off or fired need to get legal help.
For example, there may be other types of pay that an employer must pay
Again if you have stopped working please look into CERB
Talking Points:
Pay in lieu is when an employer fires you or lays you off, they usually have to give you notice ahead of time. The amount of time can depend on many things including how long you’ve been in the job.