Feds to implement mandatory vaccination for all federally regulated workplaces

On Tuesday, December 7, 2021, the federal government issued a news release indicating that new regulations will be proposed under the Canada Labour Code. The regulations would have the effect of making vaccinations against COVID-19 mandatory for all federally regulated employers and companies.  It is expected that the new regulations would come into effect in early 2022 following government consultation with key stakeholders.

While the announcement came as a surprise to some, given the existing mandate in the federally regulated air, rail, and marine transport sectors as well as the federal public sector, there was ample foreshadowing that it was less a matter of ‘if’ and more a matter of ‘when’ other federally regulated industries would follow suit.

Who does this impact?

The introduction of this policy will not impact most people, as the vast majority of businesses fall under the scope of provincial frameworks.

However, if you work in the banking, radio or television broadcasting, telecommunications, or road transportation industries, among others, then the incoming policy means that your employer may have broader authority to place you on an unpaid leave, or terminate your employment, if you are not yet vaccinated.

What if I’ve already been terminated or placed on an unpaid leave of absence?

All that has been provided by the federal government thus far is a press release – no legislation has been passed, nor has a policy been put in place.

Absent a mandate from the applicable level of government, employers do not have the right to penalize employees for refusing to get vaccinated, including placing them on an unpaid leave of absence (i.e., a layoff) or terminating for cause.

As such, regardless of whether your employer is federally or provincially regulated, if you have already been terminated or placed on an unpaid leave of absence, you should reach out to the team at Samfiru Tumarkin LLP as soon as possible, as you are likely entitled to severance pay and it is in your best interest to act before the legislation and/or policy has been implemented.