Condition-of-service policy | Area of law | ||
---|---|---|---|
Employment law | Human rights codes | Canadian Charter of Rights and Freedoms | |
May not work during facility outbreak* | In all but one case, policies are lawful | No relevant cases | Where applicable§, cases have been divided on whether such policies violate the right to liberty and security of person (section 7) |
Vaccinate or mask† | Policies are lawful | Lawful if the policy provides exemptions for creed and disability | Where applicable§:
|
Vaccination required‡ | Policies are lawful | Lawful if the policy provides exemptions for creed (no cases related to disability) | No relevant cases |
↵* “May not work during facility outbreak” policies require workers who are not vaccinated against influenza to not work in a health care facility during a declared facility outbreak of influenza (decisions42–46).
↵† Vaccinate-or-mask policies require unvaccinated health care workers to wear a mask while in areas where patient care is provided or patients may be present during the winter or influenza season (single decision47).
↵‡ Vaccination-required policies require that workers be vaccinated against influenza annually if they wish to work for the facility or agency (3 decisions48–50).
↵§ The charter applies to government policies. Whether the charter applies to health care facility and/or agency policies is a complex legal question and is addressed in the main text.
↵¶ Section 1 of the charter specifies that charter rights may be limited if it can be shown that the breach is reasonable and demonstrably justified.