Federal Government to require vaccinations for federal public servants and on certain travel

On August 13, 2021, the Federal Government of Canada announced its plan to require all members of the federal public service and employees in the federally regulated air, rail, and marine transportation sectors to be vaccinated. The Federal Government has also stated that it will encourage and work with federally regulated employers in other sectors to implement similar employee requirements.

In addition, Minister Omar Alghabra, Minister of Transport, stated that the vaccine requirement will extend to travellers in three categories:

• Passengers on all commercial flights;
• Passengers on interprovincial trains; and
• Passengers on large marine vessels with overnight accommodations, including cruise ships.

These measures are expected to be implemented in the fall of 2021 and by no later than the end of October. In the meantime, the Federal Government will be working with key stakeholders, including unions and bargaining agents, to build the details of this plan.

In our previous bulletin on employer obligations surrounding COVID-19 vaccination policies we discussed how the Federal Government and federally regulated employers are subject to the requirements of privacy legislation and human rights law, including a duty to accommodate those who are unable to be vaccinated on a protected ground.

It is yet to be seen how the Federal Government will address the collection, use, retention and disclosure of employee personal information, specifically an employee’s vaccination status.

With respect to those who cannot be vaccinated for medical reasons, the Federal Government has stated that they will be accommodated on a case-by-case basis.

The Federal Government’s announcement does not apply to provincially regulated employees, however, the Federal Government has indicated that it is calling on organizations beyond the federally regulated sector to put in place their own vaccination strategies based on advice from public health authorities and the Canadian Centre for Occupational Health and Safety.

For further information about the impact of COVID-19 on the Canadian workplace, please contact any of the members of the DLA Piper Canadian Employment and Labour Law Service Group listed here.

This article provides only general information about legal issues and developments, and is not intended to provide specific legal advice. Please see our disclaimer for more details.