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Negative Covid-19 Test Required for Airline Passengers Entering Canada

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* This article has been updated as of January 7, 2021, to reflect changes in the Government of Canada’s announcement on January 6, 2021. The Government of Canada has announced that all arriving air travellers five years of age and older will need to provide proof of a negative COVID-19 test before arriving in Canada from another country. Travellers will need to receive a negative polymerase chain reaction (PCR) or Loop-mediated Isothermal Amplification (LAMP) test within 72 hours before the traveller’s scheduled departure to Canada. Documentation showing a negative test must be presented to the airline prior to boarding a flight to... Read More

Federal Court Lacks Jurisdiction Over Class Action on COVID-19 Airfare Refunds

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Overview The Federal Court of Canada decided this week that it lacks jurisdiction over a proposed class action on COVID-19 airfare refunds. This news came on Thursday, November 26, 2020, when the Federal Court of Canada released the decision of Donaldson v  Swoop Inc.  et al, 2020 FC 1089. In this proposed class action, passengers sought refunds as a result of having their flights cancelled (or voluntarily cancelling their flights) due to the COVID-19 pandemic. The Plaintiff sought to certify a global class action against Swoop, WestJet, Air Canada, Air Transat, and Sunwing. The heart of the Plaintiff’s claim was that the... Read More

COVID-19 Considerations for Personal Representatives and Attorneys

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Note: After this blog post was published, the provincial government released an Order in Council stating that the suspension of limitation periods (mentioned in Part 4 of this post) would end on March 25, 2021, instead of 90 days after the end of the provincial state of emergency. In our last blog post, we discussed factors relating to the COVID-19 pandemic to consider when making a Representation Agreement. Relatedly, this post discusses factors to consider when acting as a personal representative (of an estate) or as an attorney (named in a power of attorney instrument) in light of the pandemic. 1.... Read More

COVID-19: Evolving Measures to Promote Safer Skies

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Since the outbreak of COVID-19, the federal government, public health authorities, and those involved in the aviation industry have responded to health concerns in an effort to support safe air travel. Over time, as the skies have opened up, measures have been taken to reduce the spread of the virus and protect both the travelling public and those who provide air travel. On September 15, 2020, the Minister of Transport issued Interim Order No. 8, providing the latest requirements for civil aviation due to COVID-19. Under this order, air carriers operating a flight within Canada or to Canada from any... Read More

COVID-19 Considerations for a Representation Agreement

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A Representation Agreement is an instrument by which an adult can appoint someone (a “Representative”) to help them make decisions about their health care (e.g. major surgeries and immunizations), their personal care (e.g. diet and living arrangements), and in some cases, their routine financial affairs (e.g. paying bills and disposing of investments). Generally, a Representative can continue to make these types of decisions on behalf of the adult if the adult becomes incapable. When making (or revising) a Representation Agreement, there are certain additional factors relating to the COVID-19 pandemic that an adult may wish to consider. Examples of these... Read More

Ensuring the Validity of Wills Sworn During the COVID-19 Pandemic

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It has been a long-standing requirement that in order to create a valid Will, the will-maker must sign the Will in front of two independent witnesses. Since March 2020, the execution of Wills and other estate planning documents has become more complicated as a result of the COVID-19 pandemic. Social distancing guidelines and concerns about the risks of meeting in person may make it difficult for a will-maker and the two required witnesses to all sign a Will in each other’s physical presence. On May 19, 2020, temporary Ministerial Order No. M161 came into effect, allowing Wills to be validly... Read More

Expiry of COVID-19 Temporary Layoffs in BC

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August 30, 2020 marks an important deadline for provincially regulated employers in British Columbia who have had to lay off employees as a result of COVID-19 but still intend to return the workers to employment. The Provincial Government amended the Employment Standards Regulation to extend the maximum length of a temporary layoff from employment due to COVID-19 to a maximum of 24 weeks in a period of 28 consecutive weeks (previously the layoff could only last for 13 of the last 20 weeks). To fall within the provisions of this amendment, the temporary layoff must have started before June 1,... Read More

Accessible Travel Put on Hold by COVID-19

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The Accessible Transportation for Persons with Disabilities Regulations (the “Regulations”) were published on June 25, 2019, with the majority of its provisions slated to come into force on June 25, 2020. The Regulations apply to large airlines (defined as airlines transporting at least 1,000,000 passengers in each of the two preceding years) operating within Canada, from Canada to a destination in a foreign country, or from a destination in a foreign country to Canada. The Regulations also apply to operators of Canadian airports where at least 200,000 passengers emplaned and deplaned during each of the two preceding years or are... Read More