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October 23, 2021 – Arbitrator: Air Canada pilots can’t fly past the age of 65

October 23, 2021

TOP STORY Arbitrator: Air Canada pilots can’t fly past the age of 65   CTA DECISIONS Application – Tyrolean Jet Services GmbH c.o.b. Tyrolean – Determination No. A-2021-157 License No. 090109 Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines and Turkish Cargo (Turkish Airlines) – Determination No. A-2021-155 Application for extra-bilateral authority to permit it to operate two additional flights between Turkey and Canada, on December 17, 2021, and January 2, 2022 – Agency granted authority, and varied Condition No. 2 of Turkish Airlines’ license to the extent necessary to permit it…

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Ontario Government Releases Digital Vaccination Certificate App and QR Code System

October 22, 2021

Focus readers will recall that the Ontario government previously announced that proof of vaccination would be required in order for individuals to access select settings and businesses. The government has now released an “enhanced” vaccine certificate with a QR code for individuals and the QR code verification app for businesses in support of the proof of vaccination requirement. Additionally, regulatory changes have been made in support of the updated requirements. Enhanced Vaccine Certificate On October 15, the government announced that individuals could begin downloading their enhanced vaccine certificate. The enhanced vaccine certificate contains the individual’s name, date of birth, QR…

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Government Clarifies Employment Insurance Information Relating to Employee Refusal of Mandatory COVID-19 Vaccination

On October 15, 2021, the federal government updated its Employment Insurance (EI) information relating to circumstances in which an employee does not work because of their refusal to comply with the employer’s mandatory COVID-19 vaccination policy. The government’s EI regular benefits: Do you qualify resource states that “in most cases, if you lose or quit your job because you didn’t comply with your employer’s mandatory COVID-19 vaccination policy, you won’t be eligible for EI regular benefits.” Service Canada can contact the employee to determine the following information: If the employer clearly communicated a mandatory COVID‑19 vaccination policy to the employee;…

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October 16, 2021 – CTA: Accessible transportation requirements exemption rejected

October 16, 2021

TOP STORY CTA: Accessible transportation requirements exemption rejected   CIRB DECISIONS Grievance – Uniforms – American Airlines, Inc. v United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers), 2021 CanLII 88124Grievance related to roll-out of new uniforms where Customer Service employees were issued an initial allotment of uniforms at no cost, but not Ramp employees – Union argued requirement to treat both groups equally – Employer argued Customer Service employees were required to wear only new uniforms whereas Ramp employees were allowed to use previous uniforms – Arbitrator concluded language in collective…

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October 9, 2021 – Federal public servants, RCMP and air and rail travellers must be vaccinated by month’s end, Trudeau says

October 9, 2021

TOP STORY Federal public servants, RCMP and air and rail travellers must be vaccinated by month’s end, Trudeau says   CTA DECISIONS Application – Taiga Air Services Limited – Determination No. A-2021-148 Application for a license to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country – CTA issued license subject to condition Suspension – Aéroclub de Montréal Inc. / Montreal Flying Club Inc. c.o.b. as Univair Aviation – Order No. 2021-A-S-320 License Nos. 972193 & 977275 Suspension – Aspire Airlines Inc. c.o.b. Aspire; Aspire Airlines – Determination No….

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Ontario Divisional Court Refuses Ontario Nurses’ Association’s Request to Amend Chief Medical Officer of Health Directives

October 7, 2021

In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), 2021 ONSC 5999, the Ontario Nurses’ Association (“ONA”) sought an order requiring the Chief Medical Officer of Health (“CMOH”) to amend provisions of two CMOH Directives issued under the Health Protection and Promotion Act (“HPPA”), or alternatively, for the Directives to be quashed. For the reasons outlined below, the Divisional Court did not agree and dismissed ONA’s application. The Directives Directive #1, revised on March 30, 2020, applies to health care providers and health care entities as defined under the HPPA. Directive #5, amended on October 8, 2020, applies…

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Federal Government Announces Mandatory Vaccine Requirement for Federal Workforce and Federally Regulated Transportation Employees and Travellers

On October 6, 2021, the federal government announced mandatory vaccination requirements for the federal workforce and for federally regulated transportation employees and travellers. Mandatory Vaccination for the Federal Workforce Covered Individuals The new mandatory vaccination requirements will apply to federal public servants in the core public administration, including members and reservists in the Royal Canadian Mounted Police (“RCMP”). The core public administration includes those departments and organizations listed in Schedules I and IV of the Financial Administration Act (“FAA”). Crown corporations and separate agencies are also being asked to put in place vaccine policies that mirror the requirements applicable to…

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Ontario Government Mandating Vaccinations for Long-Term Care Home Staff

October 4, 2021

On October 1, 2021, the Ontario government announced that COVID-19 vaccinations will be mandatory for all in-home staff, support workers, students and volunteers by November 15, 2021. Updated Requirements As discussed in an earlier Focus Alert, the Ontario government had previously required long-term care homes to have immunization policies in place for staff, student placements, and volunteers. These immunization policies contained an option for individuals to provide one of the following: Proof of COVID-19 vaccination; Proof from a physician or a registered nurse in the extended class of a medical reason that the individual could not be vaccinated against COVID-19,…

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October 2, 2021 – Pandemic-fuelled rise in passenger bad behaviour taking toll on flight attendants

October 2, 2021

TOP STORY Pandemic-fuelled rise in passenger bad behaviour taking toll on flight attendants   CTA DECISIONS Suspension – Air Charter Service, Inc – Determination No. 2021-A-S-293 License No. 010004 Suspension – Tantalus Air Ltd. c.o.b. Harbour Air, Harbour Air Seaplanes – Determination No. A-2021-141 License No. 180016 Suspension – Tantalus Air Ltd. c.o.b. Harbour Air, Harbour Air Seaplanes – Determination No. A-2021-142 License Nos. 140025, 140026 Suspension – Wells Gray Air Services Ltd. – Determination A-2021-143 License No. 170025 Cancellation – Acadian Seaplanes LLC c.o.b. Acadian Air – Determination No. A-2021-144 License No. 190033 Cancellation – Bluelink Jets AB –…

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September 25, 2021 – Lessons Learnt for Airports from 9/11: A Comparison of Aviation Security and Health Crisis Response

September 27, 2021

TOP STORY Lessons Learnt for Airports from 9/11: A Comparison of Aviation Security and Health Crisis Response   CTA DECISIONS Application – EW Discover GmbH – Determination No. A-2021-139 Application to operate scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States, signed on December 18, 2009 – Agency issued the license pursuant to conditions Application – EW Discover GmbH – Determination No. A-2021-140 Application to operate a non-scheduled international service to transport traffic on a charter basis between the Federal Republic of Germany and Canada – Agency issued…

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Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates

September 23, 2021

On September 22, 2021, the Ontario Human Rights Commission (the “Commission”) released a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates (the “Policy Statement”). We have discussed vaccine mandates for certain sectors and the requirement to provide proof vaccination to access certain businesses and settings in previous Focus Alerts. Permissibility of Vaccination Requirements The Commission’s position is that while COVID-19 vaccination is voluntary, mandating and requiring proof of vaccination when receiving services or to protect people at work is generally permissible under the Ontario Human Rights Code (the “Code”) for all organizations, so long as those who…

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Ontario Government Extends the “COVID-19 Period” under the Employment Standards Act’s Infectious Disease Emergency Leave to January 1, 2022

September 22, 2021

As first discussed in a Focus Alert from early in the pandemic, Ontario Regulation 228/20, the Infectious Disease Emergency Leave (IDEL) regulation (the “IDEL Regulation”), provides employers who have been impacted by COVID-19 with temporary relief regarding temporary layoff and constructive dismissal rules under the Employment Standards Act, 2000 (ESA). Changes to the IDEL Regulation were made in the fall and winter of 2020, including extensions to the “COVID-19 Period.” The COVID-19 Period is the period during which non-unionized employees are deemed to be on unpaid, job-protected IDEL, such that termination and severance pay entitlements will not be triggered under…

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September 18, 2021 – When will international air travel soar again after COVID-19?

September 18, 2021

TOP STORY When will international air travel soar again after COVID-19?   CIRB DECISIONS Bargaining Unit Order – Cargojet Airways Ltd. – Order No. 11640-U All pilots employed by Cargojet Airways Ltd., excluding managers training and standards, the assistant chief pilots and those above the risk of assistant chief pilot CTA DECISIONS Application – Aurore Jacquemot and Pierre-Louis Fetet against WestJet, Aerovias de Mexico S.A. de C.V. – Decision No. 95-C-A-2021 TC/TSB NEWS Airworthiness directives   INDUSTRY ASSOCIATION NEWS COPA – IFR approaches COPA – Nakusp council to look into airport improvements ICAO – Future of aviation security focus…

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Ontario Government Creates Process for Workplace Safety and Insurance Board to Collect Overpayments for Infectious Disease Emergency Leave

September 17, 2021

As discussed in a previous Focus Alert, employees needing to take leave for specified reasons relating to COVID-19 may be entitled to Infectious Disease Emergency Leave (IDEL), which provides for up to three paid calendar days of leave, with a maximum payment of $200 per day. The COVID-19 Worker Income Protection Benefit, administered by the Workplace Safety and Insurance Board (WSIB), reimburses employers for amounts paid to employees for IDEL. On September 3, 2021, the Ontario government filed Regulation 637/21 – Section 50.1.1 Overpayment Recovery (the “Regulation”), which creates a process for the WSIB to recover overpayments made to employers…

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Chief Medical Officer of Health Issues COVID-19 Vaccination Policy Instructions for Select Sectors

As discussed in a previous Focus Alert, on August 24, 2021, the Ontario government filed a regulation requiring businesses and organizations to operate in compliance with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health (CMOH): requiring the business or organization to establish, implement and ensure compliance with a COVID-19 vaccination policy; or setting out the precautions and procedures that the business or organization must include in its COVID-19 vaccination policy. On August 30, 2021, the CMOH issued Instructions regarding the establishment and implementation of COVID-19 vaccination policies for the following organizations: Post-secondary…

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