On March 18, 2020, the Newfoundland and Labrador Minister of Health and Community Services declared a public health emergency under the Public Health Protection and Promotion Act to deal with COVID-19.
Under the order, businesses including bars, cinemas, theatres, gyms and arenas must close effective March 18, 2020, and gatherings of more than 50 people are not permitted. On March 19, 2020, the Minister clarified that the prohibition on gatherings of 50 or more people did not apply for workplaces that employ 50 or more people. However, imposing social distancing and introducing work-from-home arrangements are encouraged.
Travellers returning from international travel are ordered to self-isolate for 14 days.
Restaurants that are able to maintain social distancing can operate at 50 percent of their regular capacity. Takeout and delivery services are permitted to continue.
The province is also limiting acute care facility visits to patients in obstetrics, end of life and children who are admitted.
Health Minister John Haggie said individuals breaching the orders could be fined between $500 and $2,500 and could face jail sentences of up to six months. Possible fines for corporations range from $5,000 to $50,000. Each day an individual or corporation is found to be in violation of an order constitutes a separate offence under the Act. Officers, directors and agents of a corporation can be held personally liable for breach of an order under the Act and are subject to the penalties applicable to individuals.
The order is for two weeks starting March 18, 2020, but the government anticipates the order will be renewed multiple times.
On March 25, 2020, the Premier stated that the government is contemplating further penalties for non-compliance with the Chief Medical Officer of Health’s ongoing Special Measures Orders. In particular, the government will consider taking away the drivers licences of people who violate self-isolation requirements.
Effective March 26, 2020, passengers travelling on provincial ferries will be restricted to essential workers travelling to their workplace, patients travelling for medical reasons and those transporting essential goods.
On March 26, 2020, the House of Assembly convened for an urgent sitting of the legislature to discuss Bill 33 (the COVID-19 Pandemic Response Act). Various legislative amendments were introduced at the House of Assembly to respond to COVID-19. The potential amendments ensure that tenants of rental properties cannot be evicted if they cannot pay rent due to lost income related to COVID-19.
For information business closures and on employment law measures, see Employment/labour standards and HR management.
On April 1, 2020, the Minister of Health and Community Services issued a Public Health Emergency Extension Declaration. The Declaration extends the province-wide public health emergency for a period of 14 days effective April 2, 2020.
Child care services are provided at no charge to essential workers. On April 1, 2020, the Premier advised that essential workers who arrange their own child care in a “home-like” environment will be reimbursed $200 per week per child upon confirmation from the worker’s employer that the worker is an essential employee. For the purpose of this child care benefit, essential workers include all health care workers, paramedics, firefighters, police and correction workers, early childhood educators providing essential worker child care services, and other public servants required to work during the COVID-19 pandemic.
On April 6, 2020, the government temporarily amended the Shops’ Closing Regulations under the Shops’ Closing Act to allow retail stores providing certain essential services/products to open for business on Good Friday April 10, 2020. The temporary amendments to the Shops’ Closing Regulations are intended to provide individuals with more time to shop in advance of Easter Sunday and to avoid store overcrowding on Saturday, April 11, 2020. The public holiday provisions under the Labour Standards Act will apply to employees who work on Good Friday.
On April 7, 2020, the government announced that a number of tax return filing deadlines are being delayed and that interest and penalty relief will be available to support eligible businesses suffering from the impacts of the pandemic.
If a taxpayer is prevented from making a payment when due, filing a return on time, or otherwise complying with a tax obligation, they can submit a written request for remission of interest and penalties. Requests should validate how the taxpayer was prevented from complying with the requirements as a result of COVID-19 circumstances.
On April 7, 2020, Select ecological reserves and nature parks will remain closed.
Youth set to age out of a Youth Services Program will lose access to required supports during the pandemic.
On April 7, 2020, the government announced that a number of tax return filing deadlines are being delayed and that interest and penalty relief will be available to support eligible businesses suffering from the impacts of the pandemic. If a taxpayer is prevented from making a payment when due, filing a return on time, or otherwise complying with a tax obligation, they can submit a written request for remission of interest and penalties. Requests should validate how the taxpayer was prevented from complying with the requirements as a result of COVID-19 circumstances.
WorkplaceNL is deferring the collection of assessment payments from employers until June 30, 2020, and waiving interest charges or penalties.
This means that all insured employers will not have to worry about paying assessments to WorkplaceNL until July 2020. This measure is to help businesses in the province during the uncertainty created by the COVID-19 pandemic.
The deferral will be applied to all existing payment plans and post-dated cheques.
Employers will be able to revise their payroll estimates used to calculate their assessment payable prior to their payments being reinstated.
Employers with questions or wanting to reactivate their payment plan, can email [email protected] or call 709.778.1125 or 1.800.563.9000 (extension 1125).
April 9, 2020: The Minister of Children, Seniors and Social Development announced the provision of technology to facilitate virtual visits for families who, before COVID-19, were having in person visits with their children in care.
On April 13, 2020: The Minister of Health and Community Services announced, effective immediately, that all long-term care home employees are to be allocated to a single site and remain working at that site (to the exclusion of all other sites) for the duration of the COVID-19 pandemic.
On April 16, 2020: The Minister of Health and Community Services ordered the extension of the provincial public health emergency through and until the end of April 2020 as a result of the COVID-19 pandemic.
April 22, 2020: The Government of Newfoundland and Labrador declared a ban on open fires including the setting of all open fires on forest land or within 300 metres of forest land for all regions within the province.
On April 23, 2020, the Chief Medical Officer of Health issued new orders for travelers arriving in the province.
The Chief Medical Officer of Health issued the following orders:
- all travelers arriving in Newfoundland and Labrador must complete a declaration form at the point of entry, effective April 24, 2020 at 12:00 p.m. N.D.T.; and
- all travelers arriving in Newfoundland and Labrador must submit a 14-day self-isolation plan upon entry, effective April 27, 2020 at 12:00 p.m. N.D.T.
The Chief Medical Officer of Health issued the following orders effective April 27, 2020, at 12:00 p.m. N.D.T.:
- all individuals arriving in Newfoundland and Labrador from outside the province must complete a declaration form and submit it to a representative of the Government of Newfoundland and Labrador as identified at their point of entry in the province;
- all individuals arriving in Newfoundland and Labrador from outside the province must provide specifics of their plan for complying with the requirement to self-isolate for 14 days following their arrival in the province;
- all individuals arriving in Newfoundland and Labrador by motor vehicle from the province of Quebec must immediately stop at their point of entry when indicated by a representative of the Government of Newfoundland and Labrador, for the purposes of submitting the declaration form and specifics of their self-isolation plan; and
- all individuals arriving in Newfoundland and Labrador from outside the province must be available for contact with public health officials for the duration of their 14 day self-isolation period.
In addition, employers must submit a 14 day isolation plan for all workers from outside of the country such as seasonal farm workers and critical maintenance personnel effective April 27, 2020 at 12:00 p.m. N.D.T.
On April 28, 2020, the Chief Medical Officer of Health issued an amended order to operators of personal care homes and long term care facilities prohibiting them, without an exemption, from:
- permitting staff to work across multiple personal care home and long term care facility locations; and
- permitting staff to engage in any other employment while simultaneously employed at a personal care home or long term care facility.
On April 29, 2020, the Chief Medical Officer of Health issued an order applicable to all operators, staff, new clients and residents of assisted living facilities that provide care and assistance to seniors in their daily living. The order has immediate effect.
The Chief Medical Officer of Health also amended a previous order related to individuals arriving in Newfoundland and Labrador from outside the province. Effective May 4, 2020, all individuals will be prohibited from entering the province with the following exceptions:
- individuals whose primary place of residence is Newfoundland and Labrador;
- asymptomatic workers and individuals who are subject to the Updated Exemption Order issued on April 22, 2020;
- individuals permitted entry in extenuating circumstances as approved in advance by the Chief Medical Officer of Health.
The Premier announced that the government will provide compensation for private-sector employers for continuation of pay to employees who were required to self-isolate for 14-days due to COVID-19 travel restrictions. This includes individuals who are self-employed. Employers are expected to apply for any available federal funding under the federal Canada Emergency Wage Subsidy (CEWS) or the Temporary Wage Subsidy program. The maximum amount of funding under the provincial program will be $500 per week for each employee (to a combined maximum of $1,000 per week for each employee when receiving both federal and provincial funding).
On April 30, 2020, the Chief Medical Officer of Health announced Newfoundland and Labrador’s plan for living with COVID-19: ‘A Foundation for Living with COVID-19‘. The plan includes five alert levels. Depending on the alert level, public health restrictions will be gradually relaxed. The province is currently at Alert Level 5 (the highest level). Other measures for relaxing and lowering the levels are found under Governments re-opening plan and workplace issues to think of.
On May 1, 2020, the Newfoundland and Labrador Minister of Health and Community Services announced an order extending the provincial public health emergency for another 14-day period.
The Premier announced changes at the Newfoundland and Labrador Liquor Corporation that will support local businesses, including the waiver of liquor license fees for the 2020-21 fiscal year and the implementation of a wholesale pricing discount for licensees.
May 4, 2020: The Government of Newfoundland and Labrador partnered with 811 Healthline to connect individuals experiencing food insecurity with community food programs and other supports to access food during the COVID-19 public health emergency.
The Chief Medical Officer of Health’s previously-announced order restricting entry into Newfoundland and Labrador became effective May 4, 2020. Under the travel ban, the only individuals permitted to enter the province are:
- residents of Newfoundland and Labrador;
- asymptomatic workers and individuals who are subject to the Updated Exemption Order; and
- individuals who have been permitted entry to the province in extenuating circumstances, as approved in advance by the Chief Medical Officer of Health.
The government published guidance with respect to the travel ban, including information related to who is considered a “resident” of the province and what documentation is required to demonstrate residency.
On May 5, 2020, the following legislation was introduced in the Newfoundland and Labrador House of Assembly:
- Bill 34, which would amend the Liquor Control Act and the Liquor Corporation Act to give the board authority to temporarily authorize certain licensees and their employees to sell and deliver alcohol for personal consumption;
- Bill 35, which would temporarily allow lawyers to witness documents identified in the Wills Act, Notaries Public Act, Commissioners for Oaths Act and Registration of Deeds Act, 2009 using audio-visual technology;
- Bill 36, which would amend the Temporary Variation of Statutory Deadlines Act to change the expiry of the Act to September 30, 2020;
- Bill 37, which would amend the Pharmacy Act, 2012 to allow the Newfoundland and Labrador Pharmacy Board to issue emergency registrations to pharmacists and pharmacy technicians where there is an immediate need for services due to an actual or potential threat to public safety, health or welfare or where the federal Minister of Health makes a request; and
- Bill 38, which would amend the Public Health Protection and Promotion Act to:
- allow for the authorization of peace officers to enforce the Chief Medical Officer of Health’s orders during a public health emergency, including the authority to detain individuals and to convey individuals to a point of entry in the province;
- clarify the powers of inspectors; and
- allow inspectors to require an individual to stop a motor vehicle.
On May 6, 2020, the Newfoundland and Labrador Premier announced the following supports for certain eligible businesses impacted by COVID-19:
- deferral of loan payments under the Innovation and Business Investment Corporation’s Business Investment Fund has been increased to 6 months;
- the hiring maximums for commercial Research and Development (R&D) projects will be temporarily increased. Specifically, salary support for up to 6 positions may be considered for eligible commercial R&D projects. The positions may include existing employees, new employees or a combination of the two. This temporary policy applies to applications approved between April 1 and September 30, 2020;
- contribution levels have been temporarily increased for eligible project applications under R&D Commercial and Business Development Support. Eligible costs will now be covered up to 75% (up from 50%) for applications approved between April 1 and September 30, 2020.
The Chief Medical Officer of Health issued a Special Measures Order (Travel Exemption Order). The Order exempts the following individuals from the province’s current entry restrictions, provided they make a formal request to the Chief Medical Officer of Health and comply with all other Special Measures and Exemption Orders:
- individuals who have a significant injury, condition or illness and require the support of family members resident in the province;
- individuals who are visiting a family member in the province that is critically or terminally ill;
- individuals who intend to provide care for a family member who is elderly or has a disability;
- individuals who are permanently relocating to the province;
- individuals who are recently unemployed and who will be living with family members;
- individuals who intend to fulfil a short term work contract, education internship or placement;
- individuals who are returning to the province after completion of a school term out of province; and
- individuals who are required to comply with a custody, access or adoption order or agreement.
Effective May 6, 2020, amendments to the following legislation became law:
- the Liquor Control Act and the Liquor Corporation Act were amended to give the board authority to temporarily authorize certain licensees and their employees to sell and deliver alcohol for personal consumption;
- the Temporary Variation of Statutory Deadlines Act was amended to change the expiry of the Act to September 30, 2020;
- the Pharmacy Act, 2012 was amended to allow the Newfoundland and Labrador Pharmacy Board to issue emergency registrations to pharmacists and pharmacy technicians where there is an immediate need for services due to an actual or potential threat to public safety, health or welfare or where the federal Minister of Health makes a request;
- the Public Health Protection and Promotion Act was amended to:
- allow for the authorization of peace officers to enforce the Chief Medical Officer of Health’s orders during a public health emergency, including the authority to detain individuals and to convey individuals to a point of entry in the province;
- clarify the powers of inspectors; and
- allow inspectors to require an individual to stop a motor vehicle.
In addition, the new Temporary Alternate Witnessing of Documents Act became law effective May 6, 2020. The Act temporarily allow lawyers to witness documents identified in the Wills Act, Notaries Public Act, Commissioners for Oaths Act and Registration of Deeds Act, 2009 using audio-visual technology.
On May 15, 2020, the Newfoundland and Labrador Minister of Advanced Education, Skills and Labour announced $300,000 in funding to launch a new Students Supporting Communities Program. The program provides a $3,500 grant to hire students to assist seniors and other vulnerable groups. Applications from employers, including community organizations, are now being accepted.
The grant includes:
- $2,880 to hire a 30-hour-per-week position (or two 15-hour-per-week positions) for 8 weeks at $12 per hour;
- $432 for mandatory employment-related costs; and
- $188 for incidentals related to the position (e.g., gas allowance, long distance charges).
On May 16-17, 2020, the Newfoundland and Labrador Chief Medical Officer of Health issued the Special Measures Order (Self-Isolation Exemption Order). The Self-Isolation Exemption Order exempts certain individuals from the requirement to self-isolate for 14 days after arriving in the province from elsewhere in Canada while these workers are travelling to and from their home and place of work. When not working, these workers must otherwise self-isolate while in the province.
On May 22, 2020, the Newfoundland and Labrador Minister of Service announced that effective May 22, 2020, the following measures are in place:
- collection of WorkplaceNL assessments from employers has been deferred to after August 31, 2020, with no interest or penalties;
- clearance letters will continue to be provided during the payment deferral period to allow contractors that meet certain reporting criteria to continue to bid on work and operate;
- the interest-free payment deadline for workplace injury insurance is extended to March 31, 2021 to allow employers more flexibility;
- safety training certificates are extended to August 31, 2020 for confined space entry, fall protection, mine rescue, power line hazards, traffic control person, first aid and Occupational Health and Safety Committee members;
- the elimination or offer of rebates on aquaculture licence fees, and deferral of annual Crown Lands fees for aquaculture sites;
- the full rebate of base fish processor and buyer licensing fees to assist fish processing plants and fish buyers;
- licences will not be cancelled for non-application for renewals until the public health restrictions have been lifted for real estate salespersons and agents; mortgage brokers; insurance companies; insurance adjusters, agents, representatives and brokers; and prepaid funeral services;
- new licence applications will be processed for real estate salespersons and agents; mortgage brokers; insurance companies; and insurance adjusters, representatives, agents and brokers;
- businesses are eligible to have a portion of vehicle registration fees for vehicles registered to the business refunded, if they are not in use;
- commercial vehicles of 4,500 kilograms or greater are not required to have their safety inspection completed while they are not operational;
- deferral of the requirement for businesses to file yearly returns under Companies and Deeds Online (CADO) and remittance of the accompanying filing fee; and
- payment of water use charges for 2019 related to microbreweries and wineries and aquaculture due in the 2020-21 fiscal year have been waived. Payment of water use charges for all other industries will be deferred until March 31, 2021.
On May 25, 2020, the Newfoundland and Labrador Premier announced a $25-million Tourism and Hospitality Support Program, through which eligible small and medium-sized tourism operators may apply for a one-time, non-repayable working capital contribution of either $5,000 or $10,000, depending on gross sales. Program eligibility criteria will be announced in the coming days. Applications are to open June 8, 2020.
On May 29, 2020, the Newfoundland and Labrador government announced that the Compensation Grant Program for regulated child care services and the Essential Worker Child Care Program will end on June 26, 2020.
The Minister of Advanced Education, Skills and Labour also announced the following enhancements to the Provincial Student Loans Program for the 2020-21 academic year:
- increasing the weekly loan limit from $40 to $100 per week of study, bringing the combined provincial loan and grant weekly limit to $200; and
- exempting student and spousal contributions when assessing applications for provincial student aid.
On June 1, 2020, the Newfoundland and Labrador government extended the provincial public health emergency for a period of 14 days effective June 1, 2020.
On June 8, 2020, the Newfoundland and Labrador Minister of Natural Resources announced a number of immediate measures to assist the mining, mineral and quarry industries.
The Newfoundland and Labrador government also announced a further 2-month extension of tax return filing deadlines. The deadline for the following tax returns has been extended to August 20, 2020:
- Gasoline Tax;
- Carbon Tax;
- Health and Post-Secondary Education Tax;
- Insurance Companies Tax;
- Mining and Mineral Rights Tax;
- Tax on Insurance Premiums; and
- Tobacco Tax.
On June 12, 2020, the Newfoundland and Labrador government announced the following temporary amendments to the Labour Standards Act:
- the period that an employee can remain temporarily laid off is extended to 26 weeks in a period of 33 consecutive weeks (increased from 13 weeks in a period of 20 consecutive weeks); and
- the time period for making a complaint to the Director of Labour Standards is extended to 12 months (increased from 6 months).
Both extensions are retroactive to March 18, 2020 and will end on September 18, 2020.
On June 15, 2020, the Newfoundland and Labrador government released details on the Newfoundland and Labrador COVID-19 Essential Worker Support Program, which will provide a one-time payment to eligible individuals who work in professions included in the Government of Canada’s “Guidance on Essential Services and Functions in Canada During the COVID-19 Pandemic” document. Details include:
- employers can apply beginning on July 6, 2020. The application deadline is July 30, 2020;
- employers will begin to receive payments in July 2020. These payments will then be provided to employees as part of their regular payroll remittance;
- the government will provide an additional 10% of the eligible amount to employers to offset related payroll costs associated with the payments;
- recipients of the Canada Emergency Response Benefit are not eligible.
The Minister of Service announced temporary amendments to the timelines for annual meetings and tax return filings under the Corporations Act.
On June 16, 2020, the Newfoundland and Labrador Chief Medical Officer of Health extended the provincial public health emergency for a period of 14 days, effective June 16, 2020.
On June 17, 2020, the Newfoundland and Labrador Department of Advanced Education, Skills and Labour released additional information and details on the Essential Worker Support Program. The eligibility period for this program is from March 15, 2020 – July 4, 2020. Beginning July 6, 2020, employers can complete and submit an Online Application in LaMPSS. Beginning in July 2020, payments will be issued to employers.
The government announced that the expiry date for Fuel Tax Exemption Permits (which allows permit holders to purchase tax-exempt marked gasoline and light fuel oil) that were originally set to expire on March 31, 2020 have been further extended to August 31, 2020.
On June 25, 2020, the Chief Medical Officer of Health issued a Special Measures Order in respect of travel across the Labrador-Quebec border. The Order is effective as of June 25, 2020 and provides the following:
- all individuals arriving in Newfoundland and Labrador by motor vehicle from the province of Quebec must immediately stop at their point of entry when indicated by a representative of the Government of Newfoundland and Labrador;
- individuals who arrive in the province from Quebec via the Newfoundland and Labrador-Quebec border and who are exempted from the requirement to self-isolate are also exempted from the requirement to complete and submit a declaration form and a self-isolation plan when they enter the province;
- due to the interprovincial travel amongst local communities on the Newfoundland and Labrador-Quebec border and the level of social and economic integration between the communities of Labrador City, Wabush and Fermont and the Labrador Straits area of Blanc Sablon, asymptomatic individuals who are permanent residents of one of these communities and cross the Newfoundland and Labrador-Quebec border are exempted from the requirement to self-isolate for 14 days when arriving in Newfoundland and Labrador provided that:
- they have not travelled beyond the named communities in the previous 14 days;
- residents of Labrador West do not travel beyond the boundary of the community of Fermont or the Mount Wright Mining Complex turn off at Rue 389;
- residents of Fermont do not travel beyond the community boundaries of Labrador City and Wabush;
- residents of the Labrador Straits area do not travel beyond the community of Blanc Sablon; and
- residents of Blanc Sablon do not travel beyond the Labrador Straits area.
On July 2, 2020, the Newfoundland and Labrador Chief Medical Officer of Health extended the provincial public health emergency for a period of 14 days effective July 1, 2020.
On July 16, 2020, the Newfoundland and Labrador Minister of Health and Community Services extended the provincial public health emergency for a period of 14 days effective July 16, 2020.
For information on Newfoundland and Labrador’s reopening plan and measures see Governments re-opening plan and workplace issues to think of.
