News & Analysis as of

Canada Health and Safety Vaccinations

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Bennett Jones LLP

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

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The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

Blake, Cassels & Graydon LLP

La Cour suprême de la C.-B. confirme le droit des employeurs d’imposer la vaccination contre la COVID-19

Dans le cadre d’une récente décision portant sur la vaccination obligatoire contre la COVID-19 en milieu de travail (Parmar v. Tribe Management Inc.), la Cour suprême de la Colombie-Britannique (la « CSCB ») a statué qu’un...more

Blake, Cassels & Graydon LLP

B.C. Supreme Court Upholds Employers’ Right to Implement COVID-19 Vaccine Mandates

In a recent decision on COVID-19 vaccine mandates in the workplace (Parmar v. Tribe Management Inc.), the Supreme Court of British Columbia (Court) held that an employer is entitled to place an employee on unpaid leave of...more

Littler

Canada Suspends Mandatory Vaccines for Most Travel, Federally Regulated Transportation Workers, and Federal Government Employees

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On June 14, 2002, Canada announced that, due to the country’s improved public health situation, certain vaccination requirements are suspended as of June 20. Federally Regulated Travel Sector...more

Littler

Canada: Key Trends in Arbitration Awards Pertaining to Mandatory COVID-19 Vaccination Policies

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Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the unionized workplace. In this...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Littler

Ontario, Canada: Mandatory Vaccination Policy Upheld Despite Government’s Reduction of COVID-19 Restrictions

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On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable...more

Stikeman Elliott LLP

Québec to Delay Eliminating Mandatory Masking to End of April as COVID-19 Cases Rise

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With the recent rise in COVID-19 cases and hospitalizations, the interim Québec National Director of Public Health announced on April 5, 2022 that the wearing of masks in public places indoors (scheduled to be eliminated...more

Littler

Canada: Pre-entry COVID-19 Testing Will Soon Not Be Required for Fully Vaccinated Travellers

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Fully Vaccinated Travellers - On March 17, 2022, Canada announced that, effective April 1, 2022, fully vaccinated travellers will no longer be required to provide a pre-entry COVID-19 test result to enter Canada....more

Bennett Jones LLP

Ontario to Lift Additional COVID-19 Safety Measures on March 21, 2022

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Ontario's Chief Medical Officer of Health announced on March 9, 2022 the Province's plan for lifting the majority of the remaining COVID-19 related public health and workplace safety measures. This announcements comes just a...more

American Conference Institute (ACI)

[Event] Law of Policing Conference, Eastern Edition - May 4th - 5th, Toronto, ON, Canada

The Canadian Institute’s 13th Annual Law of Policing Conference, Eastern Edition is returning to Toronto on May 4 – 5, 2022. For 2 days, chiefs of police, in-house counsel, and a wide-variety of government and civilian...more

Stikeman Elliott LLP

Enforceability of Vaccination Policies Boosted by Recent Arbitration Decision

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Since we last wrote on the topic of COVID-19 vaccination policies, another vaccination policy was upheld at arbitration, this time, requiring employees to receive a third “booster” shot against COVID-19. ...more

Stikeman Elliott LLP

Alberta Government Announces a Phased Approach to Lifting All COVID-19 Health Restrictions, Immediately Ending the Restrictions...

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On February 8, 2022, the Government of Alberta announced that effective immediately, it would begin lifting COVID-19 restrictions, including the mandatory vaccination requirements under the Restrictions Exemption Program (the...more

International Lawyers Network

Vaccine Requirements – Canada: Montréal

Canada’s Constitution makes it such that the presumptive and preeminent jurisdiction in matters of employment, labour relations writ large, privacy and health and safety at work is provincial, not federal. This is in marked...more

Stikeman Elliott LLP

Québec Loosening Certain Restrictions: Releases Schedule for Reopening Restaurants, Cinemas and Other Venues at Half Capacity Over...

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Recap - In December, 2021, the Québec Government ordered a number of businesses to suspend their activities (including restaurant dining rooms), imposed capacity limits on businesses permitted to remain open, required...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

Littler

Ontario, Canada: Another Arbitrator Upholds a Mandatory COVID-19 Vaccination Policy

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175 (Bunge), Arbitrator Robert J. Herman dismissed a union grievance challenging the employer’s mandatory COVID-19 vaccination...more

Stikeman Elliott LLP

Québec Modifies Restrictions as of January 17 and 24, 2022: No Curfew, No Sunday Closures but Vaccine Passport extended to SAQs,...

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Recap - In December, 2021, Québec ordered a number of businesses to suspend their activities (including restaurant dining rooms), imposed capacity limits on businesses permitted to remain open, forbade non-essential stores...more

Blake, Cassels & Graydon LLP

Passeport vaccinal COVID-19 et protection des renseignements personnels numériques

La pandémie de COVID-19 a donné lieu à une série de mesures sanitaires mises en place par les divers paliers de gouvernement, dont la création d’un passeport vaccinal, lequel soulève bien des questions relatives à la...more

Blake, Cassels & Graydon LLP

COVID-19 Vaccination Passports and Digital Privacy

The COVID-19 pandemic has brought about a wave of government-led public health measures including vaccine passport regimes with implications for digital privacy, as identified by Canada’s Federal, Provincial and Territorial...more

Littler

Ontario, Canada Issues Guidance on Proof of Vaccination Status for Patrons of Restaurants and Other Select Businesses and...

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On September 14, 2021, Ontario released Regulation 645/21 and a guidance document, which provide support to businesses and organizations in the implementation of their vaccination requirements, which will commence on...more

Dickinson Wright

Recent Developments in Ontario Employment Law

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On August 20, 2021 the Medical Officer of Health for Toronto issued a “strong recommendation” that every local business implements a COVID-19 vaccination policy.  The City of Toronto has also provided guidance on the key...more

Littler

Canada: Proof of Vaccination Will be Required to Access Some Events, Services and Businesses in British Columbia

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On August 23, 2021, the British Columbia government announced that by order of the Provincial Health Officer, proof of vaccination will be required to access some events, services and businesses in the province. Patrons must...more

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