On September 22, 2021, the Ontario Human Rights Commission (“OHRC”) released a policy statement on COVID-19 vaccines mandates and proof of vaccine certificates.
Starting on September 22, 2021, Ontarians will need to be fully vaccinated and provide proof of vaccination and photo ID to access certain businesses and settings. The OHRC reviewed Ontario’s COVID-19 mandatory vaccination and proof of vaccine regime for compliance with Ontario’s Human Rights Code (“Code”) and has provided the following guidance.
Vaccination requirements are generally permissible
The OHRC believes that mandating vaccinations at work and requiring proof of vaccination to access high-risk businesses and settings is compliant with the Code, subject to the following:
- There are protections in place so individuals who cannot be vaccinated due to Code-related reasons can be reasonably Organizations must be mindful of their duty to accommodate under the Code;
- Proof of vaccination and vaccination mandate policies should only be in place for the shortest length of time These policies may only be justifiable during the pandemic; and
- All policies should comply with privacy legislation related to the appropriate use and handling of personal health
The OHRC notes that employers have a duty to accommodate for medical or disability reasons when it is demonstrated that taking the vaccine would significantly interfere with people’s health and safety.
Employees or patrons will need to provide a written document from a medical doctor or nurse practitioner that demonstrates they are unable to receive the COVID-19 vaccination
The main takeaway is that employers must always consider their duty to accommodate and, if possible, may wish to consider alternatives to a mandatory vaccination policy, such as regular COVID-19 testing, as a way accommodate.
Personal preferences and singular beliefs are not protected by the Code
The OHRC has provided a clear statement that it does not believe that a refusal to be vaccinated for personal preferences attracts the Code’s protection. The OHRC notes it “is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code.” Accordingly, those who attempt to characterize their anti-vaccination beliefs as a creed under the Code will very likely be unsuccessful.
The Hum Law Firm continues to monitor legal developments related to COVID-19. We encourage you to contact us immediately for legal assistance.
Call us at (416)214-2329 or email info@thehumlawfirm.ca
[…] Businesses, employees, and patrons alike have expressed concern about Ontario removing the passport program. However, businesses still retain the right to require proof of vaccination if they do not refuse service on discriminatory grounds under Ontario’s Human Rights Code (“Code”). Vaccination status is not a protected ground, but the reason someone is unvaccinated, for example due to a medical disability, could be a protected ground. While some patrons may attempt to make this claim, the Ontario Human Rights Committee has stated these exemptions are few and far between. […]
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