Can my employer force me to take a COVID-19 vaccine in Ontario?

As COVID-19 case numbers steadily increase throughout Ontario, anticipation continues to grow for the eventual release of a COVID-19 vaccine. In the workplace, a safe and effective COVID-19 vaccine will aim to protect employees and help to reduce the transmission of infection. As such, many employees have questions concerning mandatory vaccinations in the workplace.

Can employers require employees to get a COVID-19 vaccine in Ontario?

In the context of COVID-19 prevention and management, an employer will not be permitted to make a COVID-19 vaccine mandatory as a condition of employment. Although mandatory vaccination would not be permitted, many employers could strongly suggest that their employees get vaccinated for COVID-19, to decrease the spread of COVID-19 in the workplace.

In Ontario, employees have a right to safety in the workplace. According to the Occupational Health and Safety Act, employers have a duty to protect employees from work-related illness or injury. To fulfill this duty, employers often take precautions to meet reasonable health and safety standards, which can include the introduction of policies and guidelines to limit the spread of infectious diseases in the workplace.

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Despite this, an employer’s duty to protect an employee in the workplace has reasonable limitations.

Can my employer fire me if I refuse to get a COVID-19 vaccine?

It is very unlikely that an employer would have grounds to terminate an employee based on their refusal to get a COVID-19 vaccine currently. However, if a COVID-19 vaccine was readily available and an employee refused to get the vaccine, the employer could potentially require the employee to be removed from the workplace until the COVID-19 pandemic is contained.

Under Ontario’s Immunization of School Pupils Act, for example, children can be exempted from immunization for medical reasons or due to conscience or religious belief. Children who are not immunized, however, are at an increased risk of disease and may be removed from school during an outbreak.

In order to be exempted from immunization, under the Immunization of School Pupils Act, the requirements for a valid exemption are as follows:

• Medical Reasons: A Statement of Medical Exemption form must be completed, signed by a doctor or nurse practitioner, and submitted to a local public health unit. The reason for the exemption must be indicated, such as a medical condition that prevents the child from receiving the vaccine.
• Conscience or Religious Belief: An education session must be completed at the local public health unit that covers basic information about immunization, vaccine safety, immunization and community health, and immunization law in Ontario. A Statement of Conscience or Religious Belief form must be completed, signed by a commissioner for taking affidavits in Ontario, and submitted to the local public health unit.

If an employer terminates an employee who refuses to get a COVID-19 vaccine for a valid reason, such as a medical reason or religious belief, the termination could amount to a human rights violation. An employee who is let go for this reason should contact our employment law team immediately.

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Until a safe and efficient COVID-19 vaccine becomes readily available, employers should continue to educate and promote safe practices in the workplace, and employees should continue to implement those practices on a daily basis to protect against and limit the spread of COVID-19.