On April 3, 2020, the Provincial Government announced further measures it will take to address the COVID-19 crisis occurring in retirement homes and boards of health. Two new temporary orders have been issued that are similar to those applying to Long Term Care homes, Health Service Providers and Developmental Services agencies that were announced over the last two weeks. For a more detailed analysis of these orders check out our dedicated COVID-19 Resource Centre.
One of the most important implications of these orders in unionized work places is the increased flexibility to make staffing decisions that may not align with existing collective agreement provisions in order to respond to and prevent COVID-19 and continue to provide necessary services.
The following is a brief overview of the contents of these orders:
Emergency Order applicable to Retirement Homes:
A temporary order under the Emergency Management and Civil Protection Act for retirement homes has been issued to help address staffing concerns in light of COVID-19. Similar to what the government has said for long term care homes, the temporary order allows retirement homes more flexibility to:
- Change work assignments – including non-bargaining unit employees or contractors to perform bargaining unit work;
- Change scheduling and shift assignments, and deferring and cancelling vacations, absences and other leaves regardless of whether they were established by statute or regulation;
- Employ extra part time, temporary staff or contractors including for purposes of performing bargaining unit work as well as using volunteers;
- Suspend, for the duration of the emergency, the requirement to conduct screening measures required under section 64 of the Retirement Homes Act 2010, including requiring criminal record checks so long as other screening measures are in place to ensure care and safety of residents before staff is hired;
- Provide appropriate training or education as needed to staff and volunteers
- Conduct skills and experience inventories of staff to identify possible alternative roles in priority areas; and
- Require and collect information from staff, contractors or volunteers about their availability to provide services and their likely or actual exposure to COVID-19 or any other health conditions that may affect their ability to provide services
Under this Order, retirement homes are also authorized to:
- Report an outbreak of COVIID-19 to health authorities;
- Cancel or postpone interdisciplinary care conferences that are not related to respond to preventing or alleviating the outbreak of COVID-19;
- Suspend for the duration of the emergency, any grievance process with respect to any matter referred to in the Order;
- Suspend, for the duration of the emergency, any requirement to document or post new information except for requirements to document incidents of significant nature or where documentation is required to ensure proper care and safety of a resident.
Another critical provision of this temporary order is the express authorization that a retirement home may implement redeployment plans without complying with provisions of a collective agreement, including seniority/service or bumping provisions.
Emergency Order applicable to Public Health Units:
A second Order has been issued authorizing similar powers which applies to all boards of health within the meaning of the Health Protection and Promotion Act. It contains similar provisions to the newest Order for retirement homes and allows boards of health to:
- Redeploying staff to different locations in or between facilities of the board of health;
- Change work assignments – including non-bargaining unit employees or contractors to perform bargaining unit work;
- Changing scheduling and shift assignments, and deferring and cancelling vacations, absences and other leaves regardless of whether they were established by statute or regulation;
- Employing extra part time, temporary staff or contractors including for purposes of performing bargaining unit work as well as using volunteers;
- Providing appropriate training or education as needed to staff and volunteers
- Conduct skills and experience inventories of staff to identify possible alternative roles in priority areas;
- Require and collect information from staff, contractors or volunteers about their availability to provide services and their likely or actual exposure to COVID-19 or any other health conditions that may affect their ability to provide services;
- Cancel or postpone services that are not related to responding to, preventing or alleviating the outbreak of the virus or services that are not deemed to be critical by a board of health’s business continuity or pandemic plans;
- Suspend, for the duration of the Order, any grievance process with respect to any matter referred to in the Order.
Similarly, this Order confirms that a board of health implement redeployment plans without complying with provisions of a collective agreement including lay-off, seniority/service or bumping provisions.
PooranLaw will continue to provide updates on further emergency orders. In the meantime, if you have any questions we encourage you to speak with your regular PooranLaw lawyer or any member of our team.
Note: This article provides general information only and does not constitute, and should not be relied upon as, legal advice or opinion. PooranLaw Professional Corporation holds the copyright to this article and the article and its contents may not be copied or reproduced in any form, in whole or in part, without the express permission of PooranLaw Professional Corporation.
