Mandatory Vaccine in Canada? We Cover Off Vaccination Mandates with Law Firm Sherrard Kuzz: A Must Read

The idea of a mandatory vaccine in Canada, including a vaccine policy and mandating that employees be vaccinated, continues to be an issue that is top of mind for Canadian employers. Companies have been forced to make difficult choices.

In September of 2021, we held a chat on the topic of vaccine policy. The talk was led by employment and labour lawyers Matthew Badrov and Natasha Zervoudakis of Sherrard Kuzz, a well-known Canadian law firm that specializes in Employment and Labour Law.

The agenda covered:

• Vaccinations – Considerations:
  • Bona Fide Occupational Requirements (BFORs) and accommodations
  • Privacy considerations
  • Mandatory vs. non-mandatory
  • Unionized vs. non-unionized workplaces
• Vaccination liability
• IDEL
• Masking and social distancing
• Passports and more

The video of the full chat can be viewed here:

Since this is a topic that is evolving and somewhat of a moving target we decided to follow-up with Matthew and Natasha to share subsequent developments on the topic.

Have there been any updates since your chat on this topic a couple of months back?

As more organizations implement workplace COVID-19 vaccination policies, Service Canada has provided guidance to organizations on how to code an employee’s absence or departure from employment where they have refused to comply with a vaccine mandate. Information on the Service Canada codes can be found here. 

In addition, many organizations that have implemented a mandatory vaccination policy have had employees claim they cannot be vaccinated for a reason protected by the Ontario Human Rights Code, specifically a medical or religious exemption to vaccination. On September 14, 2021, the Ontario Ministry of Health released a guidance document (found here) for doctors and registered nurses in the extended class to summarize the limited circumstances or adverse events that may support a medical exemption to vaccination. Significantly, the document notes, “In general, there are very few actual contraindications to available COVID-19 vaccines that would qualify as medical exemptions and most individuals can safely receive COVID-19 vaccines.” This is a helpful tool for any employer that has implemented a workplace vaccination policy. If an employee claims they cannot comply with the requirements of the policy due to a medical condition, and requests accommodation under human rights legislation, an employer is well-advised to include the guidance document with any request for medical information from the employee’s physician.

Similarly, the Ontario Human Rights Commission has released a policy statement on COVID-19 vaccination on September 22, 2021 (found here) that provides some helpful guidance on the interplay between vaccination and human right protections. 

These can be tricky topics to navigate for any organization and members should always feel free to reach out to Sherrard Kuzz for assistance addressing exemptions to vaccination requests.

Is there anything new you anticipate or are aware of in the near future that companies should be considering now?

With most Canadians now fully vaccinated against COVID-19, the discussion seems to be turning to booster shots – when they may be required, for whom, etc. Any organization that has implemented a vaccination policy should review whether its policy addresses an obligation to obtain a booster shot to ensure continued protection against COVID-19. If the policy does not require an employee to get any necessary booster, an organization should consider whether it wishes to include this requirement and amend its policies now to cover this potential, but likely, situation.

As the topic of vaccine policy and mandatory vaccinations in Canada continues to evolve, we will continue to post blog updates on those developments and keep you apprised of the most current and relevant information.

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