Earlier this week, the Ontario government amended the provincial regulation governing businesses and organizations at Step 3 and the “Roadmap Exit Step” of its Roadmap to Reopen Plan. It is important to note that, at present, Ontario remains at Step 3, having yet to reach the Roadmap Exit Step.
The new amendments address vaccination policies. Specifically, Ontario employers are required to follow “any advice, recommendations and instructions” issued by the Office of the Medical Officer of Health, or by a medical officer of health (as defined in ss. 1(1) of the Health Protection and Promotion Act) after consultation with the Office of the Medical Officer of Health:
Requiring the employer to establish, implement and ensure compliance with a COVID-19 vaccination policy; or
Setting out the precautions and procedures that the employer must include in its COVID-19 vaccination policy.
While the provincial government has already mandated the establishment, and implementation, of COVID-19 vaccination policies in “high risk” workplace settings (such as hospitals, schools, retirement homes, and post-secondary institutions), similar requirements have yet to be introduced more broadly. As such, the new requirements serve as a notice to Ontario employers to ‘watch this space’ and be ready to respond to evolving vaccination policy requirements based on the latest advice from provincial medical professionals.
A number of Ontario employers have already introduced policies to address vaccination requirements in the workplace. Employers planning to do likewise (ahead of any provincial mandate) should proceed carefully, balancing their obligation to provide a healthy and safe workplace with both employee privacy considerations and their duty to accommodate under provincial human rights law.
The government’s response to COVID-19 continues to evolve and change, which presents challenges for Ontario employers as they look to continue their operations. In order to minimize any potential disruption, or risk of liability, employers should continue to closely follow shifting provincial requirements and seek legal advice from an experienced employment lawyer when establishing and implementing new workplace requirements.
Vey Willetts LLP is an Ottawa-based employment and labour law firm that provides timely and cost-effective legal advice to help employees and employers resolve workplace issues in Ottawa and across Ontario. To speak with an employment lawyer, contact us at: 613-238-4430 or info@vwlawyers.ca.