During the second week of the campaign, mandatory vaccination policies continued to be a topic of frequent discussion. Provincial and municipal governments have built on the federal government's August 13 announcement that it will require all federal public servants to be fully vaccinated by the end of September. The governments of Ontario, British-Columbia, Québec and Toronto have announced that they are following the federal government's example.

This week, more private sector employers than ever before have announced that they have adopted a policy requiring proof of full vaccination, proof of a negative COVID test, a similar requirement or other requirements to manage the consequences of the COVID-19 pandemic. Key organisations that made such announcements this week include the Toronto International Film Festival, the Blue Jays, Canada Life, TD Place, the Vancouver Canucks, the Oilers Entertainment Group, London Drugs, and the Bluesfest Festival.

There is no doubt that vaccination policies are on the rise in Canada. While employers are starting to have a solid understanding of the occupational health and safety and the human rights concerns related to adopting a mandatory vaccination policy, questions relating to privacy concerns remain common.

The adoption of a mandatory vaccination policy necessarily includes the collection of personal information. Specifically, there are likely three types of personal information that may potentially be collected as a result of a mandatory vaccination policy: (1) the fact that an employee will be getting or is vaccinated; (2) an employee's proof of vaccination; and (3) an employee's reasons regarding why they cannot or will not get the vaccine.

If employers are collecting information on their employee's vaccination status, they should:

  • consider how the information will be collected, used, secured, kept, and disclosed;
  • limit who will have access to the personal information;
  • refrain from making copies of the employee's proof of vaccination;
  • limit the information recorded to essential information only; and
  • take appropriate physical, organizational and technological measures to protect their employee's personal information.

While the situation in Afghanistan, climate change, and housing affordability have been other key issues addressed by candidates during the campaign, pandemic recovery will continue to define Canada's 44th election. Employers should be ready to adapt to new changes as employees begin returning to the workplace.

We are continuing to monitor issues related to the pandemic and the election closely. If you have questions about workplace issues arising from vaccination, please contact the author or your regular Fasken lawyer. If you have any questions regarding #Election44, please contact us at: election44@fasken.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.