CHAPTER C-37.03 - COVID-19 Pandemic Response Act

CHAPTER C-37.03 AN ACT RESPECTING CERTAIN MEASURES IN RESPONSE TO THE COVID-19 PANDEMIC (Assented to March 26, 2020) Analysis 1. Short title PART I HYDRO CORPORATION ACT, 2007 2. S.30 R&S Total amount of loan PART II LABOUR STANDARDS ACT 3. Part VII.8 Added PART VII.8 COMMUNICABLE DISEASE EMERGENCY LEAVE 43.38 Definitions 43.39 Communicable disease emergency leave 43.40 Employee protection 43.41 Regulations PART III RESIDENTIAL TENANCIES ACT, 2018 4. S.19 Amdt. Notice when failure to pay PART IV TEMPORARY VARIATION OF STATUTORY DEADLINES ACT 5. Act in Schedule PART V COMMENCEMENT 6. Commencement Schedule Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the COVID-19 Pandemic Response Act. 2020 cC-37.03 s1 PART I HYDRO CORPORATION ACT, 2007 Back to Top SNL2007 cH-17 as amended 2. Section 30 of the Hydro Corporation Act, 2007 is repealed and the following substituted: Back to Top Total amount of loan 30. (1) The total amount of the corporation's outstanding debt at any time shall not exceed $2,600,000,000 in Canadian currency or its equivalent in the currency of another country. (2) The total debt referred to in subsection (1) that is guaranteed by or on behalf of the Crown shall not exceed $2,600,000,000 in Canadian currency or its equivalent in the currency of another country. 2020 cC-37.03 s2 PART II LABOUR STANDARDS ACT Back to Top RSNL1990 cL-2 as amended 3. The Labour Standards Act is amended by adding immediately after section 43.37 the following: PART VII.8 COMMUNICABLE DISEASE EMERGENCY LEAVE Back to Top Definitions 43.38 In this Part, (a) "Chief Medical Officer of Health" means Chief Medical Officer of Health as defined in the Public Health Protection and Promotion Act ; (b) "cohabiting partner" means either of 2 persons who are cohabiting and have cohabited continuously in a conjugal relationship outside marriage for not less than one year; (c) "designated communicable disease" means a communicable disease designated in the regulations; and (d) "spouse" includes a cohabiting partner. Back to Top Communicable disease emergency leave 43.39 (1) An employee is entitled to a leave of absence from employment without pay where the employee will not be performing the duties of his or her position because of one or more of the following reasons related to a designated communicable disease: (a) the employee is under individual medical investigation, supervision or treatment related to a designated communicable disease; (b) the employee is acting in accordance with an order under the Public Health Protection and Promotion Act related to a designated communicable disease; (c) the employee is in isolation or quarantine or is subject to a control measure, including self-isolation, and the quarantine, isolation or control measure was implemented as a result of information or directions related to a designated communicable disease issued to the public, in whole or in part, or to one or more individuals, by the Chief Medical Officer of Health or the Government of the province whether through print, electronic, broadcast or other means; (d) the employee is under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to a designated communicable disease; (e) the employee is providing care or support to an individual referred to in subsection (4) for a reason related to a designated communicable disease that concerns that individual including a school or child care service closure; (f) the employee is directly affected by travel restrictions related to a designated communicable disease and, under the circumstances cannot reasonably be expected to travel back to the province; and (g) other reasons prescribed in the regulations. (2) An employer may require an employee who takes leave under subsection (1) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a medical practitioner or nurse practitioner as evidence. (3) An employee is entitled to take leave under subsection (1) starting on the date prescribed in the regulations and for as long as (a) he or she is not performing the duties of his or her position because of a reason referred to in paragraphs (1)(a) to (g); and (b) the communicable disease is designated by the regulations for the purpose of this Part. (4) Paragraph (1)(e) applies with respect to the following individuals: (a) the employee's spouse; (b) a parent, step-parent or foster parent of the employee or the employee's spouse; (c) a child, step-child or foster child of the employee or the employee's spouse; (d) a child who is under legal guardianship of the employee or the employee's spouse; (e) a brother, step-brother, sister or step-sister of the employee; (f) a grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse; (g) a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee; (h) a son-in-law or daughter-in-law of the employee or the employee's spouse; and (i) any individual prescribed in the regulations as a family member for the purposes of this section. (5) T his section or a provision of it does not apply to a class of employees exempted from the application of this section by the regulations. Back to Top Employee protection 43.40 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes leave under this Part. (2) Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the leave rests with the employer. (3) An employer shall reinstate an employee at the end of his or her leave under this Part on terms and conditions that are not less beneficial than those that existed before the leave began. (4) Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave. Back to Top Regulations 43.41 (1) The Lieutenant-Governor in Council may make regulations (a) designating a communicable disease for the purposes of paragraph 43.38(c); (b) prescribing reasons related to a designated communicable disease for the purposes of paragraph 43.39(1)(g); (c) prescribing the date on which the entitlement to leave under subsection 43.39(1) starts or is considered to have started for the purposes of subsection 43.39(3); (d) prescribing family members for the purposes of paragraph 43.39(4)(i); (e) exempting a class of employees from the application of section 43.39 or any provision of it, and prescribing one or more terms or conditions of employment or one or more requirements or prohibitions respecting leave for communicable disease emergencies that shall apply to employees in the class and their employers; (f) providing that a term, condition, requirement or prohibition prescribed under paragraph (e) applies in place of, or in addition to, a provision of section 43.39; and (g) providing for any transitional matter that the Lieutenant-Governor in Council considers necessary or advisable in connection with the implementation of this Part. (2) A regulation made under this section may provide that (a) it has effect as of the date specified in the regulation; or (b) that an employee who does not perform the duties of his or her position because of a prescribed reason related to a designated communicable disease is considered to have taken leave beginning on the first day the employee does not perform the duties of his or her position on or after the date specified in the regulation. (3) Regulations made under this section may be made with retroactive effect. 2020 cC-37.03 s3 PART III RESIDENTIAL TENANCIES ACT, 2018 Back to Top SNL2018 cR-14.2 4. Section 19 of the Residential Tenancies Act, 2018 is amended by adding immediately after subsection (4) the following: (5) Notwithstanding subsection (1), where a tenant suffers a loss of income due to loss of employment or a reduction in work hours as a result of the Public Health Emergency declared in the province on March 18, 2020, the period in which the tenant is required to vacate a residential premises under subsection (1) is extended for a period of not less than 30 days after the notice is served on the tenant. (6) A tenant referred to in subsection (5) shall provide to the landlord proof of loss of income in the form of (a) written or electronic documentation from the tenant's employer confirming the loss of employment or reduction in work hours; or (b) a statutory declaration of the tenant. (7) Notwithstanding subsection (5), the Lieutenant-Governor in Council may, by order, extend the period referred to in subsection (5). (8) An order made under subsection (7) is subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act . (9) The Crown is not liable for damages caused to a person as a result of a time period extended under the authority of subsection (5) or (7). 2020 cC-37.03 s4 PART IV TEMPORARY VARIATION OF STATUTORY DEADLINES ACT Back to Top Act in Schedule 5. The Schedule to this Act shall, on the coming into force of this Act and, notwithstanding that it has been passed as part of this Act, be considered to constitute an Act of the province and shall be cited and dealt with and shall have the same force as if it had been enacted separately by the House of Assembly in legislative session convened. 2020 cC-37.03 s5 PART V COMMENCEMENT Back to Top Commencement 6. Section 3 is considered to have come into force on March 14, 2020. 2020 cC-37.03 s6 Back to Top SCHEDULE AN ACT RESPECTING THE TEMPORARY VARIATION OF DEADLINES AND TIME PERIODS PRESCRIBED IN ACTS OF THE PROVINCE Analysis 1. Short title 2. Definitions 3. Acts administered by ministers 4. Acts administered by Executive Council 5. Other Acts 6. Variation by Lieutenant-Governor in Council 7. Publication of variation 8. Compliance with variation 9. Expiry Schedule Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Temporary Variation of Statutory Deadlines Act. Back to Top Definitions 2. In this Act, "Act" includes subordinate legislation as defined in the Statutes and Subordinate Legislation Act . Back to Top Acts administered by ministers 3. A minister may, on the advice of the Attorney General, temporarily vary a deadline or time period prescribed in an Act administered by that minister for a period not exceeding 6 months. Back to Top Acts administered by Executive Council 4. The Premier may, on the advice of the Attorney General, temporarily vary a deadline or time period prescribed in an Act listed in Schedule A of the Executive Council Notice, 2019 for a period not exceeding 6 months. Back to Top Other Acts 5. (1) The Speaker of the House of Assembly may temporarily vary a deadline or time period prescribed in an Act listed in the Schedule for a period not exceeding 6 months. (2) A deadline or time period varied under subsection (1) may be varied with retroactive effect but the variation shall not have an effective date earlier than March 14, 2020. Back to Top Variation by Lieutenant-Governor in Council 6. (1) Notwithstanding sections 3 and 4, the Lieutenant-Governor in Council may by order and on the advice of the Attorney General, vary a deadline or time period prescribed in any Act of the province administered by a minister or the Executive Council for a period not exceeding 6 months. (2) A deadline or time period varied under subsection (1) may be varied with retroactive effect but the variation shall not have an effective date earlier than March 14, 2020. (3) An order made under subsection (1) is subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act . Back to Top Publication of variation 7. (1) Where a deadline or time period is varied under section 3, 4 or 6, notice of the variation shall be published (a) on a government website; and (b) in the Gazette . (2) Where a deadline or time period is varied under section 5, notice of the variation shall be published (a) on the House of Assembly website; and (b) in the Gazette. Back to Top Compliance with variation 8. Where a deadline or time period is varied under the authority of this Act, a person who complies with the varied deadline or time period is considered to have complied with the Act in which the deadline or time period is prescribed. Back to Top Expiry 9. This Act shall cease to have effect after the end of the next sitting of the House of Assembly. Back to Top SCHEDULE Auditor General Act Child and Youth Advocate Act Citizens' Representative Act Elections Act, 1991 House of Assembly Accountability, Integrity and Administration Act House of Assembly Act Seniors' Advocate Act Statutes Act 2020 cC-37.03 Sch.