Federally Regulated Employees and Mandatory COVID-19 Vaccination Policies

This page identifies COVID-19 vaccination mandates for federally regulated industries in Canada (as determined by the federal government/Government of Canada) and what implications those policies have for non-unionized employees. Please refer to our other resources for information about employment rights and vaccination requirements in Ontario, Alberta, and British Columbia.

Please note that this page only addresses non-unionized employees. Our main page about mandatory vaccinations explains why we can’t help unionized employees.

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Has the Government of Canada mandated COVID-19 vaccinations for all federal workplaces?

The Government of Canada no longer has a mandate in place for federal public servants or employees at federally regulated companies. Continue reading to learn about previous mandates for:

• Federally regulated air, rail and marine transportation sectors
• Other federally regulated workplaces
• Federal public servants

Absent mandate from the government, employers don’t have the ability to impose a policy on its workers that penalizes them for refusing to vaccinate, including an unpaid leave of absence and termination for cause. Any policy that attempts to do so could be illegal.

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Federally regulated air, rail and marine transportation and vaccination policy

Federally regulated transport (air, rail and marine) sector employers no longer need to have mandatory vaccine policies in place for its federally regulated employees. The Government of Canada lifted its mandate on June 20, 2022 following an announcement on June 14, 2022. According to the press release, employees placed on unpaid leave due to their vaccination status may return to work.

On October 6, 2021 the Government of Canada had announced COVID-19 vaccine requirements for some federally regulated industries (before those requirements were lifted on June 20, 2022):

• Air and Rail Transportation Sectors: Employers had to have policies in place by October 30, 2021. Federally regulated employees who were not fully vaccinated after a short phase-in period were not able to work.
• Marine Transportation Sector: Employers in this sector had to have policies in place by November 1, 2021. Federally regulated employees who were not fully vaccinated after a short phase-in period were not able to work.

Can transportation sector employees on unpaid leave get their job back?

The federal government claims that employees on unpaid leave due to their COVID-19 vaccination status can resume their duties after the government mandate was lifted on June 20, 2022. If a federally regulated employee in the transportation industry is not offered their job back, they are owed full severance pay.

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Mandate for bank, telecommunications employees

There are no vaccine mandates for federally regulated employees working in sectors outside of the transportation industry. On December 7, 2021, the federal government announced that they would eventually enact a mandate requiring all federally regulated employees, including bank and telecommunications workers. The government failed to make any further announcements on the matter.

Can a federally regulated employee be put on unpaid leave for failing to get vaccinated?

A federally regulated worker that isn’t covered by by a government mandate for vaccinations does not have to accept an unpaid leave of absence. Instead of waiting to be called back to your job, you can treat the significant change to your job as a constructive dismissal and depart with a severance package through help from your employment lawyer at Samfiru Tumarkin LLP.

Can a federally regulated company fire an employee for refusing to vaccinate?

Until a mandate from the federal government comes into effect, federally regulated employers outside of the air, rail and marine transportation sector do not have the legal ability to fire a non-unionized employee “for cause” if they refuse to get the shot. The worker will likely be owed a full severance package. Severance is based on factors that include age, length of service and position, and can be as much as 24 months’ pay. The individual would also be entitled to Employment Insurance (EI).

If you are let go from your job with a federally regulated business before the deadline to be vaccinated, connect with the employment lawyers at Samfiru Tumarkin LLP as quickly as possible to learn about the compensation you could be owed.

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Federal public servants and vaccination policy

There is no longer a requirement from the Government of Canada for federal public servants to be vaccinated against COVID-19 as a condition of employment. The rule that public servants be fully vaccinated as of October 29, 2021 was lifted on June 20, 2022 following an announcement by the government. According to a press release, employees placed on unpaid leave due to their vaccination status may return to work. Before the mandate was ended, employees who failed to receive two shots could be put on an unpaid leave of absence.

This mandate covered 267,000 federal workers, including the RCMP, as well as full-time employees and casual workers for federal departments, agencies and offices. It did not apply to members of the Canadian Armed Forces members.

Can a non-unionized federal public servant be placed on unpaid leave for refusing to vaccinate?

The federal government can no longer place non-unionized employees on an unpaid leave of absence if they fail to get fully vaccinated against COVID-19. Because there is no longer a government mandate in place, an employee can file a claim for constructive dismissal if their employer places them on an unpaid leave or terminates their employment.

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What are my rights if my employer creates a vaccine policy, but there is no federal mandate in effect yet?

Since the federal government (Government of Canada) has said it will move ahead with a mandated vaccination policy for all sectors of federally regulated businesses but has yet to impose a deadline, your employer can’t legally fire you for cause if you refuse to get the vaccine. This means that you are likely owed full severance pay if you are let go before the deadline to get the vaccine. It is considered a wrongful dismissal if you are let go without cause, and fail to receive the proper amount of severance pay – in some cases that could be as much as 24 months’ pay. An employee may also be owed human rights damages if they are let go under these circumstances.

If you lose your federally regulated job due to your employer’s vaccine mandate, contact the employment lawyers at Samfiru Tumarkin LLP immediately to find out about the compensation you could be owed.

Additionally, your employer can’t place you on an unpaid leave of absence if you don’t get a COVID-19 jab. You may be able to treat this change as a constructive dismissal, allowing you to exit your job with a severance package.

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Additional Information

If you have additional questions about employers requiring proof of vaccination, testing, or masking, please see our FAQ on the mandatory vaccination page.

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Disclaimer and Contact Information

Samfiru Tumarkin LLP believes that vaccinations are an effective tool in the fight against COVID-19, and urges eligible Canadians to fully vaccinate to protect themselves and those around them. However, the fact remains that there are various legal realities and considerations that must be observed and enforced where workplace policies are concerned, including mandatory vaccinations, human rights, terminations and severance entitlements.

If you work in Ontario, Alberta or B.C. and still have questions about your rights on this matter but haven’t been fired, connect with an experienced employment lawyer via email. If you are fired or let go by your employer, call us at 1-855-821-5900, Help@EmploymentLawyer.ca, or fill out an online form.

As Canada’s most positively reviewed employment law firm, we are ready to give you the advice you need, the compensation you deserve.