On October 6, 2021, the federal government confirmed that it has implemented or will soon implement COVID-19 vaccination requirements across the federal public service and federally regulated air, rail, and marine transportation sectors.
In particular, as of October 30, 2021, employers operating in the federally regulated transportation sectors are required to establish vaccination policies for their employees. Travellers departing from Canadian airports and certain trains must also be required to be vaccinated against COVID-19 to travel.
Additionally, as of October 6, 2021, federal public servants in the Core Public Administration, including members of the Royal Canadian Mounted Police (“RCMP”), will be required to confirm their vaccination status by October 29, 2021. Those who are unwilling to disclose their vaccination status or to be fully vaccinated will be placed on administrative leave without pay as early as November 15, 2021.
Vaccination Requirements Applicable to Federally Regulated Transportation Sectors
Employees and Employers
As of October 30, 2021, the following organizations must establish COVID-19 vaccination policies:
- airlines and airports, and other organizations who have employees who enter restricted areas of airports, such as concession and hospitality workers;
- federally regulated railways, and their rail crew and track employees; and
- marine operators with Canadian vessels that operate with 12 or more crew.
Employers in the federally regulated air, rail, and marine transportation sectors are required to implement a vaccination policy which must:
- include a provision for employee attestation or declaration of their vaccination status;
- include a description of consequences for employees who do not comply or who falsify information; and
- meet standards consistent with the approach taken by the Government of Canada for the Core Public Administration.
These employers will have a short phase-in period for the vaccination policy, after which they will be required to guarantee that employees are fully vaccinated, or they will be unable to work.
Travellers
As of October 30, 2021, the following travellers who are 12 years of age or older must be vaccinated against COVID-19 in order to travel:
- air passengers flying on domestic, transborder or international flights departing from airports in Canada;
- rail passengers on VIA Rail and Rocky Mountaineer trains; and
- marine passengers on non-essential passenger vessels, such as cruise ships, on voyages of 24 hours or more.
Travellers who are in the process of being fully vaccinated against COVID-19 will be allowed a short transition period where they can travel if they provide proof of a valid COVID-19 molecular test within 72 hours of travel. By November 30, 2021, all travellers must be fully vaccinated unless they qualify for a medical exemption or other limited exception, such as emergency travel.
Enforcement
Those who falsify information or otherwise fail to comply with the requirements may be subject to the following fines:
- in the rail sector, railway companies could be fined up to $250,000 per violation per day, under the Railway Safety Act;
- in the air sector, travellers or employees could be fined up to $5,000 per violation under the Aeronautics Act, and operators could be fined up to $25,000 per violation; and
- in the marine sector, employees, operators, travellers could be fined up to $250,000 per violation, per day.
Vaccination Requirements for Core Federal Public Servants
As of October 6, 2021, per the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police, federal public servants and members and reservists of the RCMP must attest to their vaccination status through a secure online system by October 29, 2021.
Employees who are unwilling to be fully vaccinated or to disclose their vaccination status by November 15, 2021 must attend an online training session on COVID-19 vaccination, and will be placed on administrative leave without pay.
Employees may request an accommodation based on a certified medical contraindication, religion, or another prohibited ground for discrimination under the Canadian Human Rights Act.
The collection of all personal information from employees must be done in accordance with all applicable privacy legislation, including the Privacy Act, the Policy on Privacy Protection.
We will continue to monitor for further information regarding COVID-19 that is relevant to employers and will promptly provide updates on our Resource Centre so that you remain In the Know.
This blog is provided as an information service and summary of workplace legal issues.
This information is not intended as legal advice.