PUBLICATIONS
COVID-19 Developments in the Northwest Territories and Nunavut
04-Jun-20by 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
- Everyone is prohibited from entering the Territory, with some exceptions:
- 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.
- Workers must:
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)
- The Nunavut border is closed to everyone except:
- 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.