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Legal Changes

Legal Changes

Changes to our working conditions during this time are possible through multiple pieces of legislation passed in recent weeks. An official State of Emergency was declared in Ontario on March 17, 2020. That has now been extended until May 12, 2020. York Region and most of the lower-tier municipalities we represent have subsequently declared municipal states of emergency. These changes allow employers limited emergency powers in order. Changes to our working conditions during this time are possible through multiple pieces of legislation passed in recent weeks. An official State of Emergency was been declared in Ontario on March 17, 2020. That has been extended until May 12, 2020. York Region and most of the lower-tier municipalities we represent have subsequently declared municipal states of emergency. These changes allow employers limited emergency powers in order to respond to this crisis. There have been additional emergency orders  passed for the sectors of Public Health, Long Term Care, and Water/Wastewater and municipalities generally. These orders have specific and limited impacts on Collective Agreements for workers in those sectors. We have also seen new regulations passed under the Ambulance Act.   


This is a quickly changing situation and can be confusing. We have provided links to current pieces of legislation and will update as changes occur. Please refer to the CUPE fact-sheets provided below for a thorough explanation of each piece of legislation and how it might impact our work. For specific details about changes to your working conditions and collective agreement please contact your steward or unit executive.  Emergency measures may be needed to combat COVID-19 but it is important to be aware of these additional measures and how our employers choose to utilize them. CUPE’s hope is that fairness, safety and especially the protection of public health are top of mind when employers and governments choose to use emergency powers.  

  • Government Resources: 
  • Declared State of Emergency – Province of Ontario – https://www.ontario.ca/laws/statute/90e09/v2 
  • Public Health: Emergency Orders –  https://www.ontario.ca/orders-in-council/oc-5182020 
  • Long Term Care: Emergency Orders –  https://www.ontario.ca/laws/regulation/200077 
  • Water and Wastewater: Emergency Orders https://www.ontario.ca/laws/regulation/200075 
  • Municipalities: Emergency Orders which may impact those working outside of Public Health, LTC, or Paramedic Services - https://www.ontario.ca/laws/regulation/200157 
  • Paramedic Services: New Regulations under Ambulance Act https://www.ontario.ca/laws/regulation/R20159 \
  • CUPE National Resources: 
  • Ontario’s State of Emergency: https://cupe.on.ca/wp-content/uploads/2020/03/Ontarios-State-of-Emergency-factsheet-EN.pdf 
  • Municipal States of Emergency: Many municipalities have declared local states of emergencies. Here is a factsheet of how that may affect working conditions: 
  • https://cupe.on.ca/wp-content/uploads/2020/03/Local-State-of-Emergency.pdf 
  • COVID-19 and Critical Municipal Services:  The Government of Ontario brought in a new regulation on April 16 that authorizes municipal governments to disregard certain collective agreement provisions so long as the action taken is a “reasonably necessary” measure “to respond to, prevent and alleviate” the outbreak of COVID-19 and its effects on “critical municipal services.” Please open this fact sheet to learn more. https://cupe.on.ca/wp-content/uploads/2020/04/Critical-Municipal-Services.pdf 
  • Declared Emergency Leave (DEL): Some employers are utilizing Declared Emergency Leave provisions from the Employment Standards Act.    
  • https://cupe.on.ca/wp-content/uploads/2020/03/Job-protected-leave-factsheet-EN.pdf 
  • Under the DEL provisions you are entitled to continue participating in your health and extended benefits, with the employer continuing their contribution as long as you also continue your portion of contributions, if applicable. You are entitled to continue participating in your pension plan as well. Please see further information from OMERS: https://www.omers.com/Members/COVID-19-Update 


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Last updated: August 24, 2021

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