By Barry W. Kwasniewski, Adriel N. Clayton and Martin U. Wissmath

We are in the midst of an unprecedented situation for employment law in Ontario as the COVID-19 pandemic continues, and public health guidance recommends vaccination policies for workplaces. Charities and not-for-profits in the province must consider the legal responsibilities for employers to manage the workplace, the rights of employees and the risks involved when implementing vaccination policies for COVID-19. From the outset, we must remind readers that this Carters’ Bulletin is not a legal opinion and involves a discussion that is largely untested in courts and tribunals, with laws that are still to be interpreted and are likely to change in the near future. We cannot be certain where things are headed, but there are “signposts” that indicate a likely direction. As mandatory COVID-19 “vaccine passports” are implemented province-wide and employers institute vaccine policies in the workplace, it is important to be aware of the interacting issues to be able to make informed decisions. This Bulletin offers a high-level overview of the legal areas that are engaged by COVID-19 vaccination policies and discusses the broad implications for charities and not-for-profits to consider in the employment context.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 503.

Read the September 2021 Charity & NFP Law Update

Ontario COVID-19 Vaccination Policies: Important Legal Issues for Employers
Sept 2021 Charity & NFP Law Update
Published on September 29, 2021

By Barry W. Kwasniewski, Adriel N. Clayton and Martin U. Wissmath

We are in the midst of an unprecedented situation for employment law in Ontario as the COVID-19 pandemic continues, and public health guidance recommends vaccination policies for workplaces. Charities and not-for-profits in the province must consider the legal responsibilities for employers to manage the workplace, the rights of employees and the risks involved when implementing vaccination policies for COVID-19. From the outset, we must remind readers that this Carters’ Bulletin is not a legal opinion and involves a discussion that is largely untested in courts and tribunals, with laws that are still to be interpreted and are likely to change in the near future. We cannot be certain where things are headed, but there are “signposts” that indicate a likely direction. As mandatory COVID-19 “vaccine passports” are implemented province-wide and employers institute vaccine policies in the workplace, it is important to be aware of the interacting issues to be able to make informed decisions. This Bulletin offers a high-level overview of the legal areas that are engaged by COVID-19 vaccination policies and discusses the broad implications for charities and not-for-profits to consider in the employment context.

For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 503.

Read the September 2021 Charity & NFP Law Update