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Employer Mandates › Canada

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

Ontario, Canada Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable in Long-Term Care Homes

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In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy) requiring employees in...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Faegre Drinker Biddle & Reath LLP

Employers Adjust as COVID-19 Restrictions and Regulations Are Rolled Back Globally

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On February 21, Britain’s Prime Minister, Boris Johnson, announced that all of England’s COVID-19 regulations and restrictions would be revoked in coming weeks. Shortly thereafter, countries across the globe began to follow...more

Stikeman Elliott LLP

Alberta Labour Relations Board Ices Union Complaint Against Vaccination Policy

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Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period. In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta...more

International Lawyers Network

Vaccine Requirements – Canada: Montréal

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Canada’s Constitution makes it such that the presumptive and preeminent jurisdiction in matters of employment, labour relations writ large, privacy and health and safety at work is provincial, not federal. This is in marked...more

Littler

Littler Global Guide - Canada - Q4 2021

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British Columbia: Eligible Workers Entitled to Five Days of Paid Sick Leave Beginning January 1, 2022 - New Legislation Enacted - British Columbia announced that beginning January 1, 2022, workers covered by the...more

Littler

Ontario, Canada Arbitrator Denies Union’s Cease and Desist Application Regarding Employer’s Mandatory COVID-19 Vaccination Policy

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In Canada Post Corporation and Canadian Union of Postal Workers (CUPW), Arbitrator Kevin Burkett denied CUPW’s cease and desist application filed under the collective agreement (CA), which arose when the employer imposed a...more

Littler

24 Key Developments in Canadian Labour and Employment Law in 2021

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In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of key 2021 developments, with links to more detailed...more

Bennett Jones LLP

Responding to Requests for Religious Exemptions to Vaccination Policies

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In an effort to mitigate the spread of COVID-19 in the workplace, many employers are implementing vaccination requirements for employees. Vaccination policies are employer specific and vary widely in terms of their particular...more

Littler

Ontario, Canada Court Confirms Unions Must Challenge Mandatory Vaccination Policies Before Labour Arbitrators Rather than Courts

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On November 19, 2021, in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission and National Organized Workers Union v. Sinai Health System, 2021 ONSC 7658 (TTC/Sinai Decision), the Ontario Superior Court...more

Cozen O'Connor

Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies

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Today we have insights from Norm Keith , a management-side employment and labor lawyer for KPMG. The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada. Tens of thousands of...more

Bennett Jones LLP

Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing

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There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law...more

Littler

Ontario, Canada: Arbitration Award Considers Issues Pertaining to “Vaccinate or Test” Policies

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On November 12, 2021, in Ontario Power Generation and The Power Worker Union (OPG), Arbitrator John C. Murray considered issues relating to a Vaccinate or Test Policy (Policy) that provided, among other things, that if...more

Miller Canfield

CANADA: Are Mandatory COVID-19 Vaccination Policies Enforceable? Maybe, Maybe Not.

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Since the release of government-approved vaccines to help fight the COVID-19 pandemic, employers have been wrestling with how to implement vaccination policies in the workplace. For those employers who have implemented a...more

Littler

Ontario, Canada Arbitrator Deems Employer’s Mandatory COVID-19 Vaccination Policy Unreasonable

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On November 11, 2021, only two days after Arbitrator Von Veh upheld a mandatory vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Stout struck...more

Littler

Ontario, Canada: Arbitrator Upholds Mandatory COVID-19 Vaccination Policy

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On November 9, 2021, in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon), Arbitrator Von Veh in Ontario dismissed a union’s policy grievance and upheld a mandatory COVID-19...more

Littler

Ontario, Canada Court Ends Injunction Staying Termination of Unvaccinated Employees under Mandatory COVID-19 Vaccination Policy on...

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On October 29, 2021, in Blake v. University Health Network, 2021 ONSC 7139 (Blake), the Ontario Superior Court of Justice discontinued an interim injunction that it had issued on October 22, 2021, staying the terminations of...more

Littler

Canada Mandates COVID-19 Vaccination for Federal Public Servants, Employees in Federally Regulated Transportation Sectors, and...

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On October 6, 2021, the Canadian federal government announced that federal public servants in the Core Public Administration (CPA) as well as employees in the federally regulated air, rail and marine transportation sectors...more

Littler

Ontario, Canada Announces Mandatory COVID-19 Vaccination and Testing Requirements for Long-term Care Homes

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With the Delta variant putting residents and staff in long-term care homes at risk of contracting COVID-19, on October 1, 2021, Ontario announced certain mandatory vaccination and randomized testing requirements....more

Littler

Ontario, Canada Human Rights Commission Releases Policy that Provides Guidance on Proof of Vaccination Policies

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Ontario’s proof of vaccine requirement for patrons of certain indoor public settings commenced on September 22, 2021. In response to this new regime, as well as to the recent trend among employers to implement vaccination...more

Littler

Ontario, Canada’s Ministry of Health Releases Guidelines on COVID-19 Vaccination Medical Exemptions

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On September 14, 2021, Ontario’s Ministry of Health released Version 1.0 of Medical Exemptions to COVID-19 Vaccination (Guidelines).  The purpose of the Guidelines is to assist physicians/specialists and nurse practitioners...more

Littler

Ontario, Canada: COVID-19 Vaccination Policies Mandated in High-Risk Settings

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On August 17, 2021, Ontario announced that COVID-19 vaccination policies would be mandatory in high-risk settings, and the province’s exit from the Roadmap to Reopen would be put on hold. Therefore, until further notice,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Canada Implements Significant Reforms to Basic Federal Employment Standards

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Canadian employers subject to federal regulation will want to take note of changes to the Canada Labour Code that came into force on September 1, 2019. These reforms apply to a large number of minimum employment standards...more

Littler

Ontario, Canada Mandatory Policies, Training and Postings—Are You In Compliance? March 2019

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Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more

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