Federal Government Announces COVID-19 Vaccination Requirement for Federally Regulated Workplaces
Date: December 8, 2021
On December 7, 2021, the federal government announced that it will propose regulations under Part II of the Canada Labour Code to make vaccination against COVID-19 mandatory in all federally regulated workplaces. The government stated that it will be consulting with key stakeholders on these new regulations, which it anticipates will come into force in early 2022.
As we reported in our FTR Now of October 7, 2021, the government had previously announced that employees in the federally regulated air, rail and marine transportation sectors, as well as federal public servants, would be subject to mandatory vaccination policies. In this most recent announcement, the government has signaled its intention to implement a vaccine mandate that would apply to all other federally regulated industries, such as road transportation, telecommunications, and banking.
As it outlines in the Consultation Paper: COVID-19 Vaccination Regulations, the government expects that the regulations will impose a number of responsibilities on employers to ensure proper implementation of the new requirements. The government expects that such responsibilities would include, among other things, obtaining proof of vaccination from all employees (with the exception of employees being accommodated based on a prohibited ground under the Canadian Human Rights Act), conducting workplace assessments to identify additional measures necessary to prevent the transmission of COVID-19 before exempted employees may attend at the workplace, and maintaining appropriate records.
We will continue to monitor developments related to the federal government’s announcement and will provide a further update when the new regulations are made available. Should you have questions or require more information, please contact your regular Hicks Morley lawyer.
Editor’s Note on June 16, 2022: The government is no longer proceeding with its plan to introduce regulations to make vaccination mandatory in all federally regulated workplaces. For more information, see our Human Resources Legislative Update of June 15, 2022.
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