Connect 2021 - Fall Edition

PLANTING SEEDS FOR

RESILIENCY AND GROWTH

PG 7

Preparing for a Post-Pandemic Boom: It’s Up to All of Us

PG 4

Message from the Chair: On New Beginnings

PG 22

Nurturing Core Competencies to Achieve Long-term Growth

RETHINK THE FUTURE OF YOUR BUSINESS. Need employees who are agile, creative and resilient?

Sheridan students are taught to think critically, collaboratively and differently — skills that can help your business navigate the future.

hirecoop.sheridancollege.ca

CONTENTS ARTICLES

VOLUME 16 ISSUE 4 | FALL 2021

G SEEDS FOR

WSIB Reimbursement for

Covid-19 Related Time-Off

10

Why Co-Op Opportunities are More Important Today than Ever Before

18

Short Term Support Becomes Home

>

22 Nurturing Core Competencies

to Achieve Long-Term Growth

24

Cultural Inclusion Workshop for Leaders & Canadian Newcomers

26

The Legality of Covid-Related Layoffs is Still Unclear

33

Building Permits and Sprinkler Systems

34

2 Keys to Business Success

in a Changing World

36

Renewal of a Commercial Lease - A Landlord’s Silence Does Not Amount to Bad Faith

LIENCY GROWTH

a Post-Pandemic Boom: f Us

8

>

the Chair: nings

e Competencies to term Growth

< PLANTING SEEDS FOR RESILIENCY AND GROWTH IN THIS

ISSUE

4

Chair’s Message

29

Events Re-Cap

7

President’s Message

31

Upcoming Events

12

The Political Round Up

38

MBOT Referal Program

38

New Members

FROM OUR CHAIR

On New

Beginnings As the Chair of a Board, the transition of CEOs is one of the most challenging and important roles that we can be asked to take on. When the person that you are replacing is David Wojcik, the challenge becomes greater still. As I reflect on David’s outstanding leadership, I think about how he came to MBOT when it was in a less than optimal financial position. Steadfastly, David crafted a strategic plan focused on generating new revenue streams, developing the advocacy and public relations profile

and, of course, co-leading the drive to launch the Mississauga Economic Recovery Group (MERG) during the depths of the pandemic.

With MBOT, David has certainly put an exclamation point behind an already stellar business career. As the president and CEO of MBOT, David has also more than met his lofty promises – to leave the organization financially secure, and seamlessly transition it to an equally capable set of hands.

KEN TENCER

2021 MBOT Chair SpyderWorks Inc. CEO

I must also take my hat off to and welcome Trevor McPherson as the “new” President and CEO of the Mississauga Board of Trade. As Chair of MBOT, one of the largest boards in the country, being tasked with leading the search for an individual who understands business, emerging to established, multiple levels of government, community, and stakeholder relations was a defining challenge for me and the search committee.

The recruitment process was certainly a journey for those who put forward their names. The search committee initially screened nearly 100 applicants, ultimately narrowing the field through a series of interviews with different teams of interviewers drawn from the MBOT Board. It was Trevor’s stellar reputation built through his years in economic development and with the Ontario Chamber of Commerce that made him the perfect candidate for this role, and this role the perfect fit for his skillset, demeanor, and drive.

I would like to take this opportunity to publicly thank the members of the search committee, each of the candidates and, of course, Trevor who was ultimately offered the position. We are certainly putting MBOT into very capable hands.

Again, one last heartfelt thank you to David and another warm, welcoming congratulations to Trevor. 

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CONNECT | 2021 ISSUE 4

FROM OUR CHAIR

CONNECT | 2021 ISSUE 4

5

FROM OUR CHAIR

2021

BOARD OF DIRECTORS

THE VOICE OF BUSINESS IN MISSISSAUGA

EXECUTIVE COMMITTEE: • • • • • • • •

Ken Tencer, Spyderworks | Chair Lucie Shaw, Nurse Next Door | Vice-Chair Steve Rhone, Weston Forest Products | Vice-Chair Susanne Balpataky, Speigel Nichols Fox LLP | Past Chair Jim Molyneux, MNP | Treasurer Ellen McGregor, Fielding Environmental Amy Delisle, Keyser Mason Ball, LLP Trevor McPherson, MBOT-President & CEO (Ex-officio)

DIRECTORS: • • • • • • • • • • • •

France Dube, AstraZeneca Steve D’Agostino, Avega Mary Ann Wenzler-Wiebe, BDC Parveen Dhupar, BTI Brand Innovations Inc. Sameer Sharma, Crown Hotels Adam Nowak, Gallagher Insurance Eileen Waechter, Greater Toronto Airport Authority Linda Kern, Kern Group Janet Wardle, MHI Canada Crystal Reedie, RBC Wade Hall, Sheridan College Andrew Stelmacovich, University of Toronto Mississauga

ADVERTISING INQUIRIES:

Solange Barcena - sbarcena@mbot.com

EDITORIAL INQUIRIES:

Kelsey Lusk - klusk@mbot.com

6

PUBLISHER: Trevor McPherson President & CEO ceo@mbot.com EDITOR: Kelsey Lusk Digital Asset Manager klusk@mbot.com DESIGN & LAYOUT: Katika Integrated Communications Inc. www.katika.com ADVERTISING INQUIRES: advertising@mbot.com PRINTING: Katika Integrated Communications Inc. www.katika.com DISTRIBUTION: Katika Integrated Communications Inc. www.katika.com Globe and Mail PHOTO CREDIT: John Goldstein, Andrea Marchant

ADVERTISERS INDEX Achēv Bateman MacKay bdc Canon Gold Media Insuranceland KMB Law

Established in 1961, Mississauga Board of Trade proudly serves as a the Chamber of Commerce for the sixth largest city in Canada – the third largest city in Ontario. Mississauga Board of Trade represents all businesses in Mississauga. MBOT’s large, diverse and active membership has made us one of the most vibrant business associations in Canada. As the “Voice of Business” we advocate on policy issues that impact local business at all levels of government, and are influential in helping to shape policy decisions. MBOT also offers a wide variety of valuable business services and professional development programs, networking events and marketing opportunities, to help business grow, prosper, and get connected.

25 9 35 5 19 28 15

MERG Pallett Valo LLP Parkland Lifestyle Residences Sheridan Spyder Works Inc. Square One TAP

20 37 19 2 39 40 21

701-77 City Centre Drive Mississauga, ON L5B 1M5 T: (905) 273 6151 E: info@mbot.com W: www.mbot.com

mbotontario © 2021. All rights reserved. No part of this publication may be reproduced or copied in part or as a whole, without the prior written permission of the Mississauga Board of Trade (MBOT). Advertising content and the comments, views and opinions expressed CONNECT | 2021 ISSUE 4 herein are those of contributors and do not necessarily constitute endorsement by MBOT. Publication Agreement Number 40012444.

FROM OUR PRESIDENT

PREPARING FOR A POST-PANDEMIC BOOM: It’s Up to

All of Us TREVOR McPHERSON President & CEO Mississauga Board of Trade

It was March 11, 2020, when Dr. Tedros Adhanom Ghebreyesus stepped up to the microphone for the World Health Organization’s media briefing and declared that the COVID-19 outbreak that his team had been monitoring had reached the level at which it could be classified as a pandemic. At the time, there were more than 118,000 cases in 114 countries, and 4291 people had lost their lives to the virus. It truly seems like a lifetime ago. We are all aware of the significant impact that the virus has had on all of us. Most of us could not have anticipated that we would still be in the battle against this invisible foe some nineteen months later.

For businesses across Mississauga, particularly small businesses and those in close contact industries, the impact has been devastating.

From the beginning of the crisis, the Mississauga Board of Trade (MBOT) has been focused on advocating for muchneeded government supports, fair and evidence-based mitigation efforts, and on providing our members with timely information and resources to help them through. In short, we have been CONNECT | 2021 ISSUE 4

appropriately focused on the “here and now”. While these efforts will continue for MBOT, we must think about our economy and our community in the context of a post-pandemic world.

Many have talked about the prospect of a “post-pandemic boom”. Those jurisdictions that are best prepared for new growth opportunities while building the resilience required to withstand future economic shocks will have the most to gain. We can’t be in the locker room while everyone else is on the field; The stakes are simply too high, and the competition will be fierce.

To be successful, we need to come together as “Team Mississauga” and build on the incredible assets we have in our city. Mississauga is home to globally competitive, knowledgebased industries from life sciences to advanced manufacturing, top-notch educational institutions, a highly educated and diverse talent pool, and a superior quality of life. Our potential is unlimited if we align our efforts. The pandemic itself has taught us what is possible when we come together for common purpose. Let’s not lose

this valuable lesson, but rather let it inform our efforts moving forward.

Together, we have a unique opportunity to strengthen our interconnectivity and shape a post-pandemic future that benefits everyone.

At MBOT, some of this work has already begun. For well over a year, MBOT has been convening leading employers through the Mississauga Economic Recovery Group (MERG) with a view to developing innovative solutions to address talent shortages and protect supply chains from disruption, to cite just a couple of examples. This coming December, MBOT’s Board of Directors will embark on a strategic planning process to inform our priorities for the next 3-5 years. There will be opportunities for our members and community stakeholders to be engaged.

As the new President and CEO of MBOT, I’m excited for the future of Mississauga.

While COVID-19 is not yet in the rearview mirror, the time to chart our future path is now. It’s up to all of us. 

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MEMBER TALKS

WSIB REIMBURSEMENT FOR

COVID-19 Related

Time-Off

OSCAR TORRES CPA, CA, LPA

Assurance and Advisory Partner Bateman MacKay

Employers may now submit Workplace Safety and Insurance Board (“WSIB”) claims to get reimbursed up to $200 per employee, per sick day used under the Ontario COVID-19 Worker Income Protection Benefit.

On April 29, 2021, an amendment made to the Employment Standards Act, 2000 (“ESA”) required employers to provide employees with up to three days of paid Infectious Disease Emergency Leave (“IDEL”) for certain reasons related to COVID-19. Under this program, employers are generally required to pay employees wages they would have earned, up to $200 a day, for up to three days. Eligible employers may now apply for reimbursement for the IDEL pay paid to their employees, up to $200 per employee per calendar day taken. This reimbursement is only for IDEL pay, and employers are not entitled to be reimbursed for vacation pay.

ELIGIBILITY FOR REIMBURSEMENT Employer eligibility depends on employee rights. Generally, an employer is only eligible if the employee had less than three remaining paid sick days, the paid sick days pay less than the wages they would have earned while working, or if their contract is more restrictive than the ESA.

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CONNECT | 2021 ISSUE 4

MEMBER TALKS

1. An employee used some paid leave in their employment contract

3. An employment contract is more restrictive than the ESA

a.

a.

Ex. The employee used all three of their three days of paid leave prior to April 19, 2021. The employee would be entitled to three days of paid leave and the employer could apply for reimbursement for these three days.

2. An employment contract provided less pay than the ESA entitlement a.

Ex. An employee’s paid leave under their contract provides $100 for the day but the wages they would have been paid under the ESA are $150. If the employee takes paid IDEL, the employer can apply for reimbursement of $150.

CONNECT | 2021 ISSUE 4

Ex. An employment contract requires a doctor’s note for sick days and the employee is sick with COVID-19. Under the ESA, an employee is not required to provide a doctor’s note for paid IDEL. If the employee takes paid IDEL, the employer would be eligible for reimbursement.

An employer is excluded from reimbursement if the employee received WSIB benefits for the same day of leave or the employer cancelled or rescinded the paid leave offered to their employees as part of an employment contract on or after April 19, 2021.

APPLYING Applications for reimbursement of paid IDEL must be made within 120 days of the date the employer paid the employee and can be made here https:// bit.ly/38BaTlF For more information about receiving reimbursement for IDEL pay, visit the Ontario Government Worker Income Protection Benefit website. If you have further questions about any other COVID-19 support program please reach out to Bateman MacKay. 

9

MEMBER TALKS

WHY CO-OP OPPORTUNITIES ARE

MORE IMPORTANT TODAY THAN EVER BEFORE

MATTHEW REMPEL

Director, Career-Integrated Learning Sheridan College

It’s hard to imagine what a post-COVID business model looks like.

For the past 18 months, companies have been forced to uproot traditional business practices, focusing their energy on being nimble and adaptable in response to unprecedented change.

But how can business owners innovate, take on new projects, or fill any gaps in resources as they move forward?

In the face of a challenging economy, student talent has become more essential than ever before. The pandemic has taught all of us that remote work can be successful, and the resiliency and fortitude of students over the past year has proven their ability to transition seamlessly between working on-site or remotely. As small and mid-sized businesses begin to recover, the enthusiasm, fresh insights and flexible mindsets from students could prove key to encouraging an economic turnaround.

With the effects of the COVID-19 pandemic lingering, the provincial and federal government continue to assist students and employers by issuing wage subsidies to hire students. Employers may be eligible for wage subsidies and tax credits that could cover the majority of student wages.

This government support shows that, even in times of crisis, getting students involved remains a smart way to support community innovation.

Over the last decade, more than 5,000 companies have hired Sheridan co-op students. We’ve seen, firsthand, companies develop a talent pipeline through co-ops and internships, honing the skills and experiences in students that lead them 10

on a path to becoming valued employees after graduation.

Mississauga-based PointClickCare, for example, has been a strong supporter of Sheridan’s co-op programs. Positioned at the nexus of healthcare and technology, students have had the opportunity to make meaningful contributions in addressing global challenges, while laying the groundwork for their future careers.

But for small-and-medium-sized companies who’ve had to adapt and deploy new technology and processes, students aren’t only a potential asset – they’re poised to lead the charge in helping your business transition into a new digital age.

We’re already setting students up to thrive in the global economy at Sheridan, teaching them the skills they need to be part of the solution. When navigating how you want your business to move forward, consider how post-secondary students may help you achieve your business goals – while also shaping the talent of tomorrow. 

Fall internships and co-op opportunities are still available for students across several programs. Email sheridanworkscoop@sheridancollege.ca to learn more about becoming a co-op employer.

CONNECT | 2021 ISSUE 4

MEMBER TALKS

F.A.S.T. is a FREE easy to use, easy to understand toolkit for businesses who wish to provide antigen screening to protect their employees.

FREE DOWNLOAD

WWW.MBOT.COM/MERG/FAST

CONNECT | 2021 ISSUE 4

11

The

THE POLITICAL ROUND UP

political

ROUND UP

Local & Regional THE MISSISSAUGA BOARD OF TRADE IS THE VOICE OF BUSINESS AT THE CITY OF MISSISSAUGA AND REGION OF PEEL LEVELS OF GOVERNMENT.

COVID-19 RESPONSE Both the City of Mississauga and Region of Peel governments have established support programs and services for business because of the COVID19 pandemic.

The City of Mississauga, predominantly through the Mississauga Economic Development Office, has a dedicated portal for business support. Their programs include promotion of the Digital Main Street program, development of economic recovery plans in various sectors of the economy, health, safety and reopenings measures and sector specific resources to assist in business reopenings.

12

Mississauga By-law Enforcement continues active inspections of businesses and workplaces and although they are adopting a public education approach first, fines are being laid when deemed appropriate. Most offences continue to be community gatherings although workplace outbreaks of COVID have been reported in businesses like manufacturing and warehouse operations.

The Region of Peel, which has specific responsibility for public health, has the responsibility for acting on public health directives established by the Province of Ontario.

Peel Public Health has been the main

operator and coordinator of Mass Vaccinations Clinics throughout the Region and more than 75% of Peel’s adult population 12+ are now fully vaccinated. It has also participated in supporting several workplace vaccination sites which MBOT advocated for to ensure workers can get easy access to vaccines.

On June 3, 2021, Peel Public Health issued and updated Class Order under Section 22 under the Health Protection and Promotion Act to help enforce COVID-19 requirements within workplaces.

Under the Order, workplaces must send home anyone who has COVID-19 or symptoms of COVID-19, is awaiting CONNECT | 2021 ISSUE 4

THE POLITICAL ROUND UP

their COVID-19 test results, or is a close contact of someone with COVID-19. These people must self-isolate.

Workplaces must implement measures outlined through Ontario regulation, the advice of the Chief Medical Officer of Health of Ontario, and sector-specific guidance documents such as screening, physical distancing, limiting non-essential visitors etc.

If 2 or more cases of COVID-19 are identified in connection with a workplace premises within a period of 14 days, the workplace must appropriately report the positive cases and gather information about close contacts in the workplace.

Workplaces are required to implement any necessary interventions as directed by Peel Public Health during outbreak investigations, including closure.

Workplaces that fail to comply with the Order may be liable for a fine of up to $5,000 and a corporation may be liable, on conviction, to a fine of not more than $25,000, each for every day or part of each day on which the offence occurs or continues.

MANDATORY FACE COVERING BY-LAW The City of Mississauga continues to have an indoor mandatory face covering by-law which lasts until September 30, 2021.

Recently the Medical Officer of Health for Peel wrote to the three municipalities of Mississauga, Brampton and Caledon requesting the by-law be extended until March 31, 2022. It is likely that Mississauga City Council will extend the face covering by-law until at least the end of 2021.

OUTDOOR BUSINESS OPERATIONS, PATIOS & SIGNS The City of Mississauga has approved outdoor business sales and temporary patios until December 31, 2021 for those businesses requiring them. Portable signs and sidewalk signs are also permitted to promote businesses until December 31, 2021.

BUSINESS LICENSING FEES Mississauga City Council has approved fee reductions in 2021 for business hardest hit by the COVID pandemic.

MBOT had advocated for the fees to be fully waived in 2021 given the significant economic impact to these businesses.

renewal fees will be reduced by 25% with a cap of $300 for: Taxi, Limousine and Airport Transportations Services and Tow Truck Services.

PEEL PUBLIC HEALTH DIRECTIVE FOR BUSINESS Peel Public Health has issued a strong recommendation that all employers in Peel review and update their COVID-19 workplace safety plans, which are required under the Reopening Ontario Act, to:

• Consider the promotion of COVID-19 vaccination to workers,

• Outline actions for unvaccinated workers, as necessary and

• Speak to identifying workers’ vaccination status for outbreak prevention and control.

Workplace safety policies should also include:

• An assessment of risk of COVID-19 exposure in the workplace and whether vaccination may be necessary based on identified risk.

• Measures that workers must take, where the need for vaccination is identified, including requiring:

• Proof of a complete vaccination series approved by Health Canada or the World Health Organization; or

• If unvaccinated, written proof of a medical reason, from either a physician or nurse practitioner, that also includes whether the reason is permanent or time limited.

• Measures that the business will employ to protect the privacy of employees if using employee vaccination status to take actions to mitigate COVID-19 risk.

• Specific measures that the business may implement during an outbreak in the workplace, which may depend on vaccination status.

•

Specific plans for additional infection prevention and control measures to prevent COVID-19 transmission for unvaccinated workers.

These may include COVID-19 testing, strict adherence to and enforcement of masks/ personal protective equipment, physical distancing, and appropriate ventilation.

Business licences renewal fees will be reduced by 50% for 2021 with a cap of $300 for: Personal Services, Body Rub Parlours, Adult Entertainment, Driving School Services, Restaurants and Related Food Service and

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13

THE POLITICAL ROUND UP

provincial government MBOT WORKS VERY CLOSELY WITH OUR PARTNERS AT THE ONTARIO CHAMBER OF COMMERCE (OCC) ON ISSUES WITH THE ONTARIO GOVERNMENT. OUR COMMITTEES WORK HARD LOOKING AT RESOLUTIONS, POLICY DOCUMENTS, GOVERNMENT ANNOUNCEMENTS ON CONSULTATIONS TO ENSURE THE VOICE OF MISSISSAUGA BUSINESSES IS ADVANCED ON PROVINCIAL ISSUES. MEMBERS OF MBOT ARE AUTOMATIC MEMBERS OF THE ONTARIO CHAMBER OF COMMERCE. FOR MORE INFORMATION ON THE OCC, PLEASE VISIT WWW.OCC.CA.

ONTARIO’S ROADMAP TO RE-OPEN The Government of Ontario has announced the Roadmap to Re-Open which is a Three Step Process to gradually re-opening businesses and activities throughout the Province. The new program came into effect after the Stay-at-Home Order expired on June 2, 2021.

Ontario is to remain in Step 3 of the Re-opening indefinitely as the Government continues to monitor COVID19 cases and hospitalization in the hopes of avoiding another lockdown.

STEP 3 OPENINGS Vaccination rate plus key public health and health care indicators Step 3 70-80% Adults with one dose 25% Fully vaccinated Permit with restrictions

Additional indoor services with larger numbers of people and restrictions in place:

• Outdoor social gatherings and organized public events for up to 100 people

• Indoor social gatherings and organized public events for up to 25 people

• Indoor dining with no limits to the number of patrons per table

• Retail with capacity limited to ensure physical distancing

• Indoor religious services, rites, or ceremony gatherings with physical distancing

• Indoor sports and recreational fitness facilities with capacity limits

• Personal care services with capacity limited to ensure physical distancing

• Museums, casinos, and bingo halls with capacity limits

• Cinemas, concert, theatres, and other performing arts venues with capacity limits

PROOF OF VACCINATION PROGRAM IN ONTARIO As of September 22, 2021, Ontarians will need to be fully vaccinated (two doses plus 14 days) and provide their proof of vaccination along with photo ID to access certain public settings and facilities. This approach focuses on higher-risk indoor public settings where face coverings cannot always be worn and includes:

• Restaurants and bars (excluding outdoor patios, as well as delivery and takeout);

• Nightclubs (including outdoor areas of the establishment);

• Meeting and event spaces, such as banquet halls and conference/convention centres;

• Facilities used for sports and fitness activities and personal fitness training, such as gyms, fitness and recreational facilities with the exception of youth recreational sport;

• Sporting events;

• Casinos, bingo halls and gaming establishments;

• Concerts, music festivals, theatres and cinemas;

• Strip clubs, bathhouses and sex clubs;

• Racing venues (e.g., horse racing).

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CONNECT | 2021 ISSUE 4

THE POLITICAL ROUND UP

These mandatory requirements do not apply to outdoor settings where the risk of transmission is lower, including patios, with the exception of outdoor nightclub spaces given the risk associated with the setting. In addition, these requirements will not apply to settings where people receive medical care, food from grocery stores, medical supplies and the like. Aligned with public health measures currently in place, indoor masking policies will continue to remain in place.

WORKER INCOME PROTECTION BENEFIT The Ontario Government created a program to allow for workers to take up to three paid sick days during the COVID pandemic which would be re-

CONNECT | 2021 ISSUE 4

imbursed to the employer through the WSIB. To participate in the program, go to Ontario COVID-19 Worker Income Protection Benefit | Ontario.ca.

NEW BUSINESS REGISTRY COMING TO ONTARIO Ontario is launching a new Ontario Business Registry on October 19, 2021, making it easier, simpler, and more affordable for millions of businesses and not-for-profit corporations to interact with the government. The new online registry will replace outdated technology, providing people across the province with direct access to government services 24 hours a day, 365 days a year for the first time ever.

Businesses will now be able to complete over 90 transactions through the new online registry, including registering a new business and dissolving an existing one. Registrations or filings that were previously submitted by mail or fax, taking four to six weeks to complete, can now be done instantly through the online registry. When online transactions are completed, users will receive automatic email notices with electronic attachments instead of paper documents. The migration of annual return filings that were previously completed through the Canada Revenue Agency will be available through the Ontario Business Registry, allowing businesses to keep all their important filings in one place.

Ontario businesses and not-forprofit corporations can consult www. ontario.ca/BusinessRegistry for more information about the new system.

15

THE POLITICAL ROUND UP

federal government MBOT MEMBERS ARE ALSO MEMBERS OF THE CANADIAN CHAMBER OF COMMERCE (CCC) WHICH IS THE NATIONAL VOICE OF BUSINESS TO THE FEDERAL GOVERNMENT. MBOT STAFF AND COMMITTEES EXAMINE ISSUES AND RESOLUTIONS OF THE CCC AND PROVIDE MISSISSAUGA’S INPUT. MORE INFORMATION ON THE CCC IS AT WWW.CHAMBER.CA.

COVID19 FEDERAL RESPONSE The Government of Canada has established and renewed several support programs for both businesses and workers to provide financial assistance. The programs most relevant to business are detailed below.

Access to the programs is available at www.canada.ca.

CANADA RECOVERY HIRING PROGRAM This program provides a subsidy of up to 50% of eligible salary or wages. It would be available to eligible employers who have experienced qualifying revenue declines so they can hire more workers, increase workers’ hours, or increase wages. This support affords businesses with certainty that they can take on the extra costs needed to rehire and be ready to return to growth.

The Hiring Program is designed to interact with the Wage Subsidy. The programs overlap so that, as Wage Subsidy rates gradually decline, eligible employers would still be able to receive the maximum support from the Hiring Program this summer if they hire more workers or increase workers’ hours or wages. This will make it easy for businesses to quickly hire new workers and do so at a pace that works best for them, as different jurisdictions reopen their economies at different paces.

This program is November 20, 2021.

available

until

CANADA EMERGENCY WAGE SUBSIDY The CEWS is a program designed to cover up to 75% of wages for employees to a maximum of $847 per week and has now been extended to October 23, 2021.

However, the amount of the subsidy will continue to decrease until the program is ended.

CANADA EMERGENCY RENT SUBSIDY The CERS is a tenant-driven rent supplement program that has also been extended until October 23, 2021.

The new program provides up to 65% of rent eligible expenses and another 25% for businesses in lockdown regions but will also decline in support until the program expires.

HIGHLY AFFECTED SECTORS CREDIT AVAILABILITY PROGRAM This is a program designed for the hardest hit businesses, including those in sectors like tourism, hospitality, hotels, arts, and entertainment. This stream will provide 100% government guaranteed financing for heavily impacted businesses and provide lowinterest loans of up to $1 million over extended terms of up to ten years.

It has been extended until December 31, 2021. 

10 MINUTES - EXPERT GUESTS DAILY PODCASTS COVERING BUSINESS AND POLITICS

SPONSORS:

HOSTED BY CSO

DAVID WOJCIK

MBOT.COM / MBOT-RADIO 16

CONNECT | 2021 ISSUE 4

EDITORIAL

ORDER AT MBOT.COM

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17

EDITORIAL

Short Term Support

Becomes Home

At Parkland, we are proud to be a resource for seniors and their families.

In addition to permanent stays, Parkland offers respite and short term stay options to provide seniors and their loved ones with peace of mind, with the comfort of knowing support is available in times of need.

For Jeanette Belanger, after being hospitalized with COVID-19 for over three months, that peace of mind and support was a top priority.

“After I was sent home from the hospital, I realized I needed some support,” says Jeanette. It was at that time she started looking for a short term housing option that provided respite care.

Parkland on the Glen was top of mind for Jeanette because her sister-inlaw has happily lived in the community

18

for over six years. Jeanette says she admired the beautiful building, delicious meals, relaxed, friendly atmosphere and the care they can provide.

“I like having safety features here and transportation to doctors and hospitals and all of the social events,” says Jeanette. She moved in June and within a few weeks she made the decision to make Parkland on the Glen her permanent home and encourages anyone thinking about senior living to try it out with a short term stay.

“It was such a good fit for me,” says Jeanette. “With short term stays you can experience daily living by participating each day. And all your chores and health stresses are looked after so you can enjoy things more, relax and have a social life,” says Jeanette.

Discover Parkland on the Glen Perfect for those who need of respite care, selling their home, temporarily displaced or unsure if now is the right time, short term stay residents not only enjoy beautiful, accessible suites, they also have access to Parkland’s signature Harmony Wellness Program, exceptional dining experiences and vibrant community.

To learn more about short or long term stays at Parkland on the Glen, please contact Grace at 905-820-8210 or visit experienceparkland.com 

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EDITORIAL

Live your best life, together.

Parkland on the Glen's Lifestyle Residences are designed to let you choose your level of carefree living with flexible packages to meet your dining, housekeeping and transportation needs. With a variety of lifestyle options including short-term stays in beautifully furnished suites, Parkland is where you can live your best life. Our dedicated team members are ready to explore all that Parkland has to offer you and your loved ones.

Call Grace today 905-820-8210

1665 The Collegeway, Mississauga experienceparkland.com/ontheglen

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19

EDITORIAL

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CONNECT | 2021 ISSUE 2

EDITORIAL

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For more information, or to understand if your company qualifies, please contact the TAP team: tap@bot.com

CONNECT | 2021 ISSUE 4

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MEMBER TALKS

Nurturing Core Competencies TO

Achieve LONG-TERM GROWTH Take a moment to think about a business you love. Now ask yourself, what are their core competencies—the resources or capabilities that comprise their strategic advantage? For me, a few come to mind.

McDonald’s has standardization. It serves nine million pounds of French fries every day, and every one of them has precisely the same taste and texture.

Apple has design. The intuitiveness of its devices and their interfaces gives them an edge over other competitors.

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Google has powerful algorithms, high-end software engineering, and an amazing office culture with a drive to innovate.

Walmart has buying power. The sheer size of its buying operation gives it the ability to buy cheap and undersell competitors.

And when you think about it, almost every successful company has at least one core competency that helps it stand out from the rest. Netflix is the prime streaming service because it has prioritized the development of content. While its competitors are releasing a new show every week or month, Netflix is releasing one almost every day!

Put simply, a core competency explains what a business can do better than anyone else, and why.

It can be a product, process, service and more.

To live up to its name, a core competency must accomplish three things:

• It must provide superior value or benefits to the consumer.

• It must be sustainable long-term and fit into the overall strategy of the company.

• It must be difficult or cost prohibitive for a competitor to replicate.

According to C. K. Prahalad and Gary Hamel, the academics that introduced the idea of core competence to business, core competencies lead to collective learning and an organization’s ability to coordinate and integrate multiple parts of the company.

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CONNECT | 2021 ISSUE 4

MEMBER TALKS

Through my own experience championing growth within multinational and entrepreneurial businesses internationally, I have identified three key actions an organization can adopt in order to achieve sustainable growth and surpass their competition: define, cultivate and monetize.

Define Quite possibly the most important step, defining your core competencies will inform everything else you do. A core competency should deliver superior value to the consumers, employees, and all other stakeholders of your company. It is strategic, meaning it has a long-term impact on your business, and ownable, meaning you have a competitive advantage—you can execute it better than anybody else. It should also be sustainable and built to last.

Cultivate This step in the process is focused on practicing your core competencies and

CONNECT | 2021 ISSUE 4

integrating them into your business model until they become part of the “muscle memory” of your organization.

At this stage, you should strive to develop, improve, and protect your core competencies. Development and improvement are driven by feedback received from those within and outside of the business. Protecting your core competencies involves retaining both talent and intellectual property within your organization.

Monetize This final step focuses on three stakeholders that are affected by your core competencies: customers, vendors and employees. For customers, your core competencies allow them to distinguish your products and services from “the pack,” often enabling you to charge a premium for them. With vendors, you can often negotiate better terms and pricing based on the uniqueness of the product and the quantities that you are ordering. For employees, your core competencies can become a source of pride and passion.

Taking advantage of your core competencies is a wholly forwardthinking approach that can encourage your company to experiment with new ideas and foster innovation.

Understanding them will provide you with new insights into how and what needs improvement, while also paving a clearer path forward for your company.

One of the greatest advantages of a core competency is its resiliency during hard times. A company that has welldefined core competencies has a clear sense of the value it can provide, even during uncertainty.

Do be cautious, however: missing the mark when identifying core competencies can mean that you waste time, resources and money focused on the wrong thing. And while core competencies can be built over time, if they are not nurtured, they can just as well wane.

At the end of the day, this key element of your business should contribute to the process of continuous improvement you aim to realize for your company. 

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MEMBER TALKS

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MEMBER TALKS

THE LEGALITY OF COVID-RELATED LAYOFFS

IS STILL UNCLEAR

LJUBICA DURLOVSKA, LL.B. & SARAH MILLS, J.D. Employment & Labour KMB Law

COVID-19 hit Ontario businesses hard. Forced closures and capacity limitations forced employers to face a roster of employees that no longer matched reduced business needs and lowered customer demand for products and services. Employers had no choice but to temporarily cut hours and reduce wages in order to stay afloat.

Although we are currently in the final stages of Ontario’s reopening scheme, some industries continue to see lasting and devastating effects and have yet to recall employees from temporary layoffs.

Background The common law (being the judgemade law) on layoffs is simple: employers do not have an automatic right to lay off employees. To gain the right to layoff employees in accordance with the rules of Ontario’s Employment Standards Act (“ESA”), companies need their employees’ agreement, in writing. Laying off an employee without a written agreement constitutes a constructive dismissal at common

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law. A constructive dismissal is a type of wrongful termination wherein the employee is forced to resign from their job as a result of their employer’s actions.

The Government’s Solution – IDEL Layoffs In May 2020, in acknowledgement of the difficulties faced by employers, the Ontario government augmented the ESA by way of Regulation 228/20 (the “Regulation”) which aimed at helping companies face their employee challenges by introducing the new Infectious Disease Emergency Leave (“IDEL”). IDEL is a job-protected leave of absence which can be taken under certain, COVID-related, circumstances.

Importantly, the Regulation allows employers to effectively lay off employees without repercussions by deeming them to be automatically on IDEL for the duration of the Regulation.

The Regulation is clear: a temporary reduction or elimination of an employee’s work hours and/or wages

due to COVID-19 does not constitute constructive dismissal under the ESA. The Regulation applies retroactively from March 1, 2020 and will last until September 25, 2021, subject to any government extensions.

The Problem Caused by IDEL Layoffs Employers with and without contracts allowing for layoffs were relying on the Regulation and IDEL layoffs to temporarily reduce or eliminate hours.

But, while it was clear that employers with written layoff agreements were protected under the Regulation, it remained unclear whether the Regulation also protected employers laying off employees without prior written agreement.

In April 2021, the Ontario Superior Court of Justice in Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (“Coutinho”) determined that an IDEL layoff, even though allowed under the ESA, still constituted a dismissal at common law.

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MEMBER TALKS

The employer, who attempted to rely on the Regulation to temporarily lay off their employee, was found guilty of constructive dismissal and ultimately owing termination costs.

Then, in June 2021, the same court came to the exact opposite decision in Taylor v. Hanley Hospitality Inc., 2021 ONSC 3135 (“Taylor”) where it was found that Coutinho was wrongly decided. The Court in Taylor determined that the IDEL Regulation displaces the common law.

As such, employees who were placed on IDEL without written agreement were not constructively dismissed at common law. The Court reasoned that to rule otherwise would make the ESA amendments irrelevant, as it would not protect employers from lawsuits. The Court held,

“The employee cannot be on a leave of absence for ESA purposes and yet terminated by constructive dismissal for common law purposes. That is an absurd result.”

On the heels of Taylor, the Superior Court released yet another contradictory decision in Fogelman v.

IFG, 2021 ONSC 4042 (“Fogelman”). In contrast to Taylor, and in accordance with Coutinho, it held that IDEL layoffs do constitute constructive dismissals under the common law. Further, the court awarded $25,000 in punitive damages, serving as yet another warning to employers that IDEL layoffs may be fraught with significant liability if not handled with care.

The Coutinho decision is currently being appealed, and is scheduled to be heard by the Divisional Court in September, 2021. The Taylor and Fogelman decisions will also likely be appealed in short order.

Employer Takeaways We now have three conflicting decisions on the very same issue, creating uncertainty as to whether employers will be liable at common law for constructive dismissal in relation to

layoffs under the Regulation. Employers seeking to rely on the decision in Taylor must proceed with caution, as it will not be the last word on the matter. In the circumstances, it is likely that the Ontario Court of Appeal (and possibly the Supreme Court of Canada) will need to weigh in to clear up the current uncertainty in the law.

We will be monitoring this situation closely and will continue to advise employers about these very important changes to Ontario employment law.

In the meantime, we recommend employers focus on eliminating future liability by updating their existing employment contracts and policy manuals to ensure their rights to layoff, among other things, are protected by agreement.

Employers seeking to make significant unilateral changes to their employee’s jobs, due to COVID or otherwise, should contact an employment lawyer for advice. 

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EDITORIAL

BUILDING PERMITS

and Sprinkler Systems With fall approaching and construction projects on the horizon, the installation of sprinkler systems is common practice for new builds when taking possession of new property and for sellers according to the Ontario Building Code (mandated legislation).

Before sprinkler installation process takes place, there are a few important documents that are part of the City of Mississauga’s permit submission process that building owners and managers should be aware of and abide by.

What is a sprinkler system?

A sprinkler system is designed to control or extinguish fires in the early stages. Having a system in place makes it easier and safer for building occupants to exit the building during a fire emergency and for firefighters to extinguish any fire that remains.

Applying for a permit If a building permit application includes sprinkler systems, the applicant will need to provide all the following information in order to expedite the permit process: • A signed copy of the owner’s certificate, in addition to the Letter of Use. •

CONNECT | 2021 ISSUE 4

For major alterations and new systems, fully detailed sprinkler drawings and hydraulic calculations (conducted within 12 months) that

meet the ‘Plans and Calculations’ chapter of NFPA 13 (National Fire Protection Association – the standard for the installation of sprinkler systems).

•

For minor alterations, enough detail of the existing systems to make all conditions clear. This includes the location of new, relocated and deleted sprinkler heads and associated piping (depending on the scope of the changes, hydraulic calculations may still be required).

•

For new tenants in existing buildings, details of the new operations and existing sprinkler system design criteria.

•

When altering storage in an existing building, full details on what’s being stored with floorplan indicating the location, configuration and height. Identify design criteria of the existing sprinkler system.

• Provide notice if flexible hoses or flexible sprinkler drops are to be used (the use of flexible hoses or sprinkler drops in place of hard piping will require hydraulic calculations).

For more information on the City’s permit application process for the installation of sprinkler systems, visit mississauga.ca/services-andprograms/building-and-renovating/ building-permits/ or call 3-1-1 (905-615-4311, if outside City limits). 

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MEMBER TALKS

2 keys to business success IN A CHANGING WORLD

ALI LAJEVARDI & CHRISTOPHER SKLAD BDC Advisory Services

“Never let a good crisis go to waste.”

– Winston Churchill

It’s hard to think of a more relevant quote for today’s world than Winston Churchill’s famous words about finding opportunity in crisis. Rapid disruption has turned society upside down during the pandemic. Some businesses have had to drastically revise their business models. Others are so swamped with orders they can barely keep up. Still others are struggling to survive. Some have even experienced all of these conditions one after the other.

We at BDC have had the privilege of supporting business owners and seeing first-hand their perseverance and creativity. Those who have weathered the pandemic well and are finding opportunity often do two key things.

1) Proactively review business strategies These entrepreneurs are carefully updating their strategic planning. Instead of bobbing about on the seas of change, they proactively prioritize opportunities, then develop strategies and an action plan to achieve their goals. Good planning answers these questions:

•

What should we focus on more?

•

What should we stop doing?

•

How can we align teams, partners and clients with expected changes?

Planning also involves studying new trends and opportunities, including changing consumption patterns, a highly informed customer base, distributed work environments, climate sustainability, and diversity and inclusion.

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2) Adopt innovative new business models Entrepreneurs are also finding ways to build new technologycentric business models. In the age of Zoom and remote work, the big story of course is technology. Digitization has moved from the sidelines to the core of strategies and innovative business models.

We advise businesses to review how they use digital technology in three crucial areas: • Customers: What systems can you use to make it easier for customers to do business with you?

• Employees: How can technology help you boost employee productivity and engagement and reduce wasted effort and resources?

• Data: How do you harness and protect business and client data?

The same kind of rethinking and repositioning is happening right now at organizations at every scale worldwide. To seize the opportunities in today’s changing landscape, it’s well worth doing the same thing in your business.

Ali Lajevardi is Regional Director of BDC Advisory Services in Ontario. Christopher Sklad is Senior Client Partner, BDC Advisory Services in Mississauga. See bdc.ca for free resources on strategic planning and business model innovation. 

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MEMBER TALKS

RENEWAL OF A COMMERCIAL LEASE – A LANDLORD’S SILENCE DOES NOT AMOUNT TO BAD FAITH When it comes to renewing commercial leases, courts are adamant that deadlines must be strictly met. If a tenant is required to exercise its option to renew by a certain date, the right will be lost if it’s not exercised on time. In a recent decision from the Ontario Court of Appeal, it was affirmed that this rule remains true regardless of whether the landlord cooperates with the tenant in informing them of when the right to renew must be exercised.

DAN WALDMAN Partner Pallett Valo LLP.

and authorization of their accuracy and our reliance”. The letter was not answered by the landlord and Subway sent numerous follow-up letters, which also went unanswered.

Subway ended up exercising its option to renew outside of the deadline, which was not accepted by the landlord.

In Subway Franchise Restaurants of Canada Ltd. v. BMO Life Assurance Company, a Subway location was required to renew its lease at least between nine months and one year prior to the expiration of the term. Subway signed its lease with a previous landlord, which was later taken over by BMO. When BMO assumed the lease, Subway acknowledged that it was required to exercise its renewal option between August 24, 2017 and November 23, 2017.

Subway then commenced an application seeking relief from forfeiture of its lease. It contended that, by ignoring its requests for confirmation about the renewal date, the Landlord failed to act in good faith. It was held that the landlord’s conduct did not amount to bad faith, specifically because the landlord did not knowingly mislead Subway or create any sort of false impression regarding the renewal of its lease. Although BMO did not respond to Subway’s inquiries regarding the renewal date, its silence did not amount to bad faith. Subway was therefore denied relief from forfeiture of its lease.

In early 2017, Subway sent a letter to the landlord and asked it to confirm the deadline to exercise the renewal option. The letter stated that “in the event that any of these dates differ from your records, please contact us in writing immediately as your silence will be an acknowledgement

This decision confirms that the duty of good faith has its limits. In order to breach the duty, there has to be an intention to knowingly mislead, which must be demonstrated by a party’s acts. Merely staying silent and not taking positive action will not amount to bad faith.

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CONNECT | 2021 ISSUE 4

MEMBER TALKS

The Right Fit Matters We provide forward-thinking legal counsel designed to respond to each client’s unique legal challenges. At Pallett Valo, the right fit matters. That’s what we call Right-sized Thinking®.

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