Ontario releases Directive for implementation of vaccination policies in certain sectors

On August 17, 2021, the Ontario Chief Medical Officer of Health issued Directive #6 for COVID-19 Vaccination Policy in Health Settings (the “Directive”) and paused the province’s exit from the Roadmap to Reopen, leaving the province in Stage 3.

The new Directive, which becomes effective on September 7, 2021, requires certain health care and community services organizations (“Covered Organizations”) to implement and comply with a vaccination policy for their employees, staff, contractors, volunteers and students.

The health care organizations covered by the Directive include:

1. Public hospitals under the Public Hospitals Act, 1990 as well any businesses or entities operating on the hospital site.


2. Service providers under the Home and Community Care Act, 1994 who are providing community services to which that Act applies, including: home care, community support services, assisted living services and services for people with acquired brain injury. This includes Local Health Integration Networks operating as Home and Community Care Support Services in the provision of community services.


3. Local Health Integration Networks under the Local Health System Integration Act, 2006 that are operating as Home and Community Care Support Services and providing community services and long-term care home placement services.


4. Ambulance Services under the Ambulance Act, 1990 with respect to paramedics (excluding back office staff and centralized ambulance communications centre staff).

Where the Covered Organization is a public hospital, the public hospital’s vaccination policy also applies to any businesses or entities operating on the hospital site.

The Directive as currently drafted does not apply to schools, post-secondary institutions, licensed daycares and other settings. The Ontario government has indicated that vaccination policies will be implemented in other higher-risk settings such as post-secondary institutions, licensed retirement homes, women’s shelters, congregate group homes and day programs for adults with developmental disabilities, children’s treatment centres and other services for children with special needs, and licensed children’s residential settings. However, at the time of writing, a similar Directive has yet to be issued in respect of these higher-risk settings.

The Directive mandates that, at minimum, affected individuals must provide Covered Organizations with one of the following:

1. Proof of full vaccination against COVID-19; or


2. Documentation from a physician or registered nurse that sets out a documented medical reason for not being fully vaccinated against COVID-19, and the effective time-period for the medical reason; or


3. Proof of completing an educational session approved by the Covered Organization about the benefits of COVID-19 vaccination prior to declining vaccination for any reason other than a medical reason. The approved session must, at a minimum address: how COVID-19 vaccines work; vaccine safety related to the development of the COVID-19 vaccines; the benefits of vaccination against COVID-19; risks of not being vaccinated against COVID-19; and possible side effects of COVID-19 vaccination.

Those individuals who are affected by the Directive and choose not to show proof of full vaccination will be required to submit to regular antigen testing and demonstrate a negative result at intervals to be determined by the Covered Organization, which must be a minimum of once every seven days. Covered Organizations also have discretion to determine the manner in which verification of negative results will be provided by affected individuals.

The Directive does not bar Covered Organizations from implementing stricter vaccination policies. In fact, the Directive permits Covered Organizations to remove the option available to affected individuals to provide proof of completing an educational session (as opposed to proof of vaccination or proof of a medical exemption),‎ so long as the organization makes available to employees, staff, contractors, volunteers and students an educational session that satisfies the requirements for approved sessions listed above.

The Directive also mandates that each Covered Organization must collect, maintain and disclose non-identifiable information regarding the number of affected individuals who have shown proof of either, full vaccination, a medical reason to not be vaccinated, or completion of an educational session about the benefits of COVID-19. This information may be disclosed to the Ministry of Health upon request of the Chief Medical Officer of Health, and the Ministry may further disclose it and make it publicly available.

In light of this Directive, Covered Organizations should develop, implement or update COVID-19 vaccination policies that are compliant with the Directive. This includes developing educational sessions and implementing methods to collect and maintain the required statistical information. The Ontario Chief Medical Officer has released a Resource Guide with additional information on methods of proof and educational session required, which also includes a sample policy for Covered Organizations.

For further information, advice, and to have a vaccination policy prepared for your Ontario workplace, please contact any of the members of the DLA Piper Canadian Employment and Labour Law Service Group listed here.

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