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COVID-19 Developments in the Northwest Territories and Nunavut

04-Jun-20

by the McLennan Ross Labour & Employment Team

NORTHWEST TERRITORIES

Public Health

Effective June 8, 2020, airline passengers traveling to the Northwest Territories are required to wear a mask on their flight. Passengers must supply their own non-medical mask. (More details)
The Government of the Northwest Territories (the “GNWT”) and the Government of Nunavut (the “GN”) are considering establishing a travel bubble between the two territories. This would allow NWT and Nunavut residents to travel freely between the territories. (More details)
The NWT may enter into Phase 2 of the Emerging Wisely Plan on June 12th. (More details)
Under Phase 2 of the Emerging Wisely Plan, the following would be permitted in addition to the activities already permitted under Phase 1:
- Opening of movie theatres, dine-in restaurants, and fitness classes with restrictions.
- Personal outdoor gatherings of 50 people or less.
- Indoor sports and day programming.
- Opening of community and youth centres.
- Opening of campgrounds with restrictions.
- Some government offices may open to the public.
Currently, Phase 1 is in force pursuant to a Public Health Order, which allows the following:
- Certain businesses are permitted to be open with restrictions, such as personal service establishments (chiropractors, massage therapists, hair salons, etc.), museums, bottle depots, and personal training at fitness centres.
- Up to 5 people who do not live in a household are permitted to visit, with a maximum of 10 people in the home at a time.
- Personal outdoor gatherings of 25 people or less are permitted.
- Other types of outdoor gatherings are permitted with restrictions, including farmers’ markets, campgrounds, recreational facilities, libraries, golf courses, beaches, boat launches, outdoor fields, and playgrounds.
Still in effect: Public Health Order – Travel Restrictions and Self-Isolation Protocol
- Everyone is prohibited from entering the Territory, with some exceptions:
  - NWT residents returning home;
  - Workers importing/exporting goods or providing supply chain services;
  - Flight crews;
  - Essential services workers or supporting workers (see Order for complete list);
  - Persons providing child and dependent care to essential service workers;
  - Medical travelers from Nunavut;
  - Transient workers in the mineral and petroleum resources industry;
  - Workers involved in the construction of public and Indigenous infrastructure projects, including attendance at remote work camps and open, non-remote workplaces; and
  - Persons traveling through the NWT in transit to another jurisdiction.
- NWT residents must self-isolate for 14 days upon their return to the NWT in either Yellowknife, Inuvik, Hay River, or Fort Smith. A self-isolation plan must be completed and approved by a Public Health Officer.
- Import/export, supply chain, and flight crew workers who will be in the NWT for:
  - less than 36 hours must self-monitor and abide by social distancing guidelines established by the Chief Public Health Officer. These workers must immediately self-isolate and contact a Public Health Officer if they exhibits symptoms; or
  - more than 36 hours must submit a worker self-isolation plan and self-isolate when not working. They must also abide by social distancing when not working or wear a face mask.
- Persons in transit who will be in the NWT for:
  - less than 12 hours must practice social distancing and immediately self-isolate; or
  - more than 12 hours must self-isolate and report to a Public Health Officer.
- Essential services workers, non-remote infrastructure workers, and support workers must self-isolate for 14 days upon their return to the NWT in either Yellowknife, Inuvik, Hay River, or Fort Smith. A worker self-isolation plan must be completed and approved by a Public Health Officer.
  - Employers can request exemptions from this requirement from the Chief Public Health Officer.
  - Exempted employees must practice social distancing or wear a face mask, including during travel. They must also self-isolate when not working.
  - Employers are responsible for ensuring that employees arriving from outside the NWT comply with these requirements.
  - Employers must also ensure that social distancing protocols are put into place that are consistent with workplace risk and field level risk assessments.
- More details for travelers
- More details on worker exemptions
Still in effect: Public Health Order – Mineral and Petroleum Industry
- Workers must:
  - complete 14 days of social distancing in accordance with guidelines prior to traveling to camp;
  - complete a health screening with temperature check and COVID-19 symptom inquiry prior to traveling to camp;
  - complete an additional health screening, including COVID-19 symptom inquiry, prior to the start of each shift;
  - comply with social distancing measures while on shift;
  - report symptoms and then self-isolate in a designated part of the workplace; and
  - comply with disinfection procedures.
- Employers must:
  - complete a workplace risk assessment prior to permitting workers to travel to camp;
  - establish workplace social distancing protocols consistent with the risk assessment;
  - have at the workplace the minimum number of staff necessary to maintain operations;
  - notify the Chief Public Health Officer if any employees display symptoms;
  - establish disinfection procedures satisfactory to the Chief Public Health Officer for certain areas and facilities; and
  - cease operation of self-serve buffets and mess halls.

Government Support for Businesses

The GNWT has increased funding for the Community Futures Program.
The Business Development and Investment Corporation (“BDIC”) is offering qualified small businesses in the NWT with Working Capital Loans of up to $25,000 (or more) at a rate of 1.75%. Loans will be amortized for up to five years with options for payment deferment. Applications can be submitted at any time.
Current clients of BDIC may apply for reduced or deferred payments of up to three months without penalty or additional interest.

Government

The majority of GNWT employees will work from home for the foreseeable future.
Some offices will reopen to the public in Phase 2 of the Emerging Wisely Plan, which may be implemented on June 12th.
A full list of programs and services availability can be accessed here.
Land Titles Office, Corporate Registries, and Personal Property Registry are only available online until further notice. Documents can be dropped off for filing during certain hours.

Schools and Childcare

All schools in the Northwest Territories will be closed for the remainder of the 2019/2020 academic year. (More details)
Early learning and childcare programs will remain open, where possible. (More details)

Courts

Court of Appeal for the Northwest Territories
- Counsel will be advised of the accommodations available for the June 16th sittings.
- More details

Supreme Court of the Northwest Territories
- Regular Civil Chambers will proceed by way of teleconference only until further notice.
- Special Civil Chambers scheduled between now and June 30th that do not have testimony may proceed by telephone.
- All case management conferences will proceed by teleconference until further notice.
- All matters will proceed in Courtroom 201. Members of the public are not permitted to attend court until further notice.
- The Registry remains open for filing of documents.
- More details

Territorial Court of the Northwest Territories
- All lawyers are to be appear by telephone only until further notice.
- All civil proceedings outside Yellowknife are cancelled until July 5th. Matters will be automatically rescheduled.
- All non-urgent civil proceedings in Yellowknife will be automatically adjourned to a date after July 5th.
- Only urgent interlocutory matters may proceed before July 6th.
- All civil mediations scheduled prior to July 6th will be rescheduled after July 5th, unless parties wish to proceed by way of teleconference.
- All matters will proceed in Courtroom 202. Members of the public are not permitted to attend court until further notice.
- The Registry remains open for filing of documents.
- More details

NUNAVUT

Public Health

The GN has released Nunavut’s Path, which sets out the GN’s plan to move forward during COVID-19.
The Minister of Health has extended the Public Health Emergency to June 11, 2020.
Social distancing restrictions remain in place through a Public Health Order.
- Businesses may operate as long as social distancing can be implemented.
- Only 5 customers are permitted in a business at one time. This restriction does not apply to larger businesses, such as grocery stores, pharmacies, banks, and gas stations. Certain public organizations and buildings are also exempt.
- Public parks and playgrounds are open for outdoor activities.
- Outdoor gatherings are limited to 25 people. Indoor gatherings are limited to 5 people.
Still in effect: Travel Restriction Order
- The Nunavut border is closed to everyone except:
  - Nunavut residents with a letter of authorization from the Chief Public Health Officer;
  - Import/export and supply chain workers;
  - Flight and vessel crewmembers;
  - Critical service workers and their support workers;
  - Indigenous people exercising hunting rights;
  - Transient workers traveling directly to camp and never entering communities;
  - Temporary Foreign Workers entitled to enter Canada;
  - Medical travelers; and
  - Anyone else authorized by the Chief Public Health Officer to enter the territory.
- Anyone traveling into Nunavut must self-isolate for 14 days in either Ottawa, Winnipeg, Edmonton, or Yellowknife before boarding the plane. A clearance letter from the Chief Public Health Officer is required.
- Import/export and supply chain workers must practice social distancing and self-monitor for symptoms.
- Critical workers must self-monitor and undergo a risk assessment by a Medical Health Officer.
- Flight and vessel crewmembers must report to the Chief Public Health Officer within one hour of arriving and cannot leave the port of entry until directed.
- All Nunavut residents who leave the territory voluntarily will be required to pay $2,100 per individual and $1,050 per each additional family member to the Government of Nunavut to cover the cost of staying at an approved hotel for the mandatory 14-day isolation period in either Ottawa, Winnipeg, Edmonton, or Yellowknife prior to their return to the territory. (More details)
Effective April 20, 2020, airline passengers traveling to Nunavut are required to wear a mask on their flight. Passengers must supply their own non-medical mask. (More details)

Government

All non-essential GN personnel will work from home.
Residents should call and make appointments for services before attending in-person.
Labour Standards Office is available to provide services.

Schools and Daycares

All schools in Nunavut will be closed for the rest of the 2019/2020 academic year.
Daycares are permitted to open up for regular business.
More details

Courts

Nunavut Court of Justice
- Regular court operations will remain suspended until July 3, 2020. All satellite court operations remain closed. (More details)
- All civil matters have been adjourned sine die. Only emergency matters may proceed.
- Some limited in-person criminal court appearances may proceed on June 1st with restrictions. (More details)
- Telephone conferencing will be encouraged.
- The Registry remains open for the filing of electronic documents only.

Nunavut Sheriff’s Office
- The Nunavut Sheriff’s Office will be suspending all document service (current and new) for the time being.