Single-Employer Order Issued for Congregate Care Settings

Similar to the Single-Employer Emergency Order for long term care and retirement homes, the Ontario Government has issued a new single-employer emergency order for congregate care setting service agencies (the “Order”) pursuant to the Emergency Management and Civil Protection Act (the “Act”).

What does the Order mean?

Starting April 30, 2020 and until the end of the declared emergency, the Order restricts employees, including temporary workers, of a residential congregate care setting service agency from working for a different residential congregate care setting service agency in the same sector.

Which sectors are affected?

The Order applies to the following sectors:

1. Developmental Services Sector:
   
   

   This includes: a) service agencies defined under the Services and Supports to Promote the Social Inclusion of Persons with Development Act, 2000 that provide residential services and supports to adults with development disabilities; and b) specialized residential accommodations provided pursuant to an agreement with the Ministry of Children, Community and Social Services.

2. Violence Against Women/Anti-Human Trafficking Sector:
   

   This includes residential or emergency residential services funded under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program.

3. Intervenor Sector:
   
   This includes residential settings for persons that are deafblind.

What do employers and employees need to know?

Employers in the above noted sectors are required to post a copy of the Order in each of its residences in a conspicuous and easily accessible location.

Employers must ensure that they do not terminate employees that elect to work for another service agency as their “single-employer” pursuant to the terms of the Order.

Employees that perform work as a staff member for more than one congregate care service agency should have informed each employer by April 27, 2020 that the employee is subject to the Order.

Employees are required to comply with the Order even if doing so would violate the provisions of their collective agreements.

We will continue to update our clients with respect to new developments as they emerge.

If you have any questions about COVID-19 and your workplace, or any other human resource law issue, please contact a member of our team. For more information about dealing with COVID-19, please visit our COVID-19 Resource Centre.