September 1, 2021
Ontario vaccination ‘passports’ and policy implications for businesses in Ontario generally and Toronto specifically
As anticipated, the government of Ontario announced today that it will require people to be fully vaccinated and provide proof of their vaccination status to access certain businesses and settings starting September 22, 2021.
I have provided a top line summary here and the full text of the announcement below.
The definition of fully vaccinated is “two doses plus 14 days” and people will be required to provide their proof of vaccination along with photo ID to access higher-risk indoor public settings and facilities including:
- Restaurants and bars (excluding outdoor patios, as well as delivery and takeout);
- Nightclubs (including outdoor areas of the establishment);
- Meeting and event spaces, such as banquet halls and conference/convention centres;
- Facilities used for sports and fitness activities and personal fitness training, such as gyms, fitness and recreational facilities with the exception of youth recreational sport;
- Sporting events;
- Casinos, bingo halls and gaming establishments;
- Concerts, music festivals, theatres and cinemas;
- Strip clubs, bathhouses and sex clubs;
- Racing venues (e.g., horse racing).
Both paper and electronic versions of the certificate will be available.
These mandatory requirements would not apply to outdoor settings where the risk of transmission is lower and in general will not apply to settings where people receive medical care, food from grocery stores, medical supplies and the like. Indoor masking and other public health policies will continue to remain in place.
The focus of the announcement was on the situations where vaccination proof will be required and it is unclear at this time what onus will lie on the owners and employees of those businesses to enforce the requirement and request vaccination proof.
Vaccination policies in Ontario businesses
I know the subject of vaccination in the workplace and the necessity or advisability of a Vaccination Policy for employers has been a subject on the minds of many clients. Unfortunately this announcement does not address that topic specifically or provide any additional information or guidance.
Webinar and video on the subject of Vaccination Policies
In an earlier email I advised that I participated in a webinar with the Ontario Non-Profit Network (ONN) and also compiled a supplementary Question and Answer video available on my website. If you have not seen these yet, you may find them helpful in considering a vaccination policy.
The ONN webinar was presented on August 11 with Kirstin Grant, Director of People & Wellness for the Canadian Mental Health Association, Ontario Division, and moderator Sarah Matsushita of the ONN.
Link: attendee.gotowebinar.com/recording/4331891512450891522
You will be required to submit your name and email address to view the webinar.
The LeNoury Law Q and A video with key questions and updates as of August 30, 2021 can be found on my website:
lenourylaw.com/2021/08/29/video-your-vaccination-policy-what-to-consider
Toronto: Medical Officer of Health strongly recommends employers institute a vaccination policy
Some sources have positioned this recommendation from Toronto Public Health on August 26 as a mandate requiring employers in the city to prepare and publish a vaccination policy.
It is a strong recommendation rather than a mandate, although some have argued that it acquires a compulsory nature when read in the context of some aspects of the provincial government’s Reopening Ontario (A Flexible Response to COVID-19) Act. The full statement from the city can be accessed through »» this link.
My own advice is that a written policy is always preferable to unwritten guidelines in that it eliminates confusion and is a consistent, non-arbitrary reference point should there be any disagreement with any employee at any time.
The City provides guidelines for preparing a Vaccination Policy which can be referenced on the City of Toronto website.
I have also prepared a basic template you may find useful. If you would like to receive a copy, please contact me. I should advise that it will almost certainly require additional information in order to be appropriate for your organization’s individual requirements.
I hope you find this information helpful and and informative and that you, your fellow workers and employees, families and loved ones stay safe and healthy in the coming weeks as the back-to-school season arrives.
NEWS RELEASE
Ontario to Require Proof of Vaccination in Select Settings
Province to launch enhanced vaccine certificate and verification app to stop the spread of COVID-19
September 1, 2021
TORONTO — To further protect Ontarians as the province continues to confront the Delta-driven fourth wave of the COVID-19, the government, in consultation with the Chief Medical Officer of Health, will require people to be fully vaccinated and provide proof of their vaccination status to access certain businesses and settings starting September 22, 2021. Requiring proof of vaccination in these settings reduces risk and is an important step to encourage every last eligible Ontarian to get their shot, which is critical to protecting the province’s hospital capacity, while also supporting businesses with the tools they need to keep customers safe, stay open and minimize disruptions.
Click »» to read complete News Release on government of Ontario website