441-00166 (Civil and human rights)

As the country’s largest employer, the Government of Canada is leading by example to further protect the health and safety of public servants. Having a fully vaccinated workforce means that not only are worksites safer – so are the communities where this large population lives and works. It also means better protection for Canadians accessing government services in person.

On October 6, 2021, the Treasury Board of Canada announced its Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police. The Policy is compliant with legislation, including the Privacy Act, the Canadian Human Rights Act, the Canadian Charter of Rights and Freedoms, and collective agreements. The Policy provides for addressing requests for accommodation based on any prohibited ground of discrimination as defined under the Canadian Human Rights Act, on a case-by-case basis.

The Government of Canada was expecting Court challenges and grievances from the small number of public servants who are unwilling to get vaccinated, and who are strongly opposed to this public health measure. To date, the Government of Canada has been successful in defending the Policy against both interim and interlocutory injunctions challenges filed in the Federal Court.

On October 21, 2021, the Canadian Human Rights Commission published a guide on vaccination policies and human rights, which states that “Rights are not absolute. […] Requiring that an individual be vaccinated to work or travel is not a discriminatory practice under the Canadian Human Rights Act. Vaccination requirements are not a discriminatory practice because they are intended (and are necessary) to protect public health and safety.”

The Government of Canada thanks the petitioners for their engagement on this issue.

Since the beginning of the pandemic, keeping Canadians safe and healthy has been the top priority of the Government of Canada. Canada’s best economic policy continues to be finishing the fight against COVID-19. Millions of Canadians have been doing their part by getting vaccinated, following public health guidelines, and delivering essential services. But work remains to end the pandemic.

Vaccines are our best line of defence against COVID-19 and widespread vaccination has helped our economy reopen and helped many people return to work. Scientists have developed safe vaccines that have proven to be very effective at preventing severe cases of COVID-19, including preventing hospitalization and death. By getting our shots, we are protecting our loved ones, vulnerable people, those who can’t get vaccinated—and preventing further lockdowns.

On December 7, 2021, the Government of Canada announced its intention to develop regulations under Part II (Occupational Health and Safety) of the Canada Labour Code to make vaccination mandatory in federally regulated workplaces. Consultations with federally regulated stakeholders, including employer and employee representatives, were held in December 2021. At this time, no regulations have been enacted.

The Government of Canada continues to encourage Canadians to get vaccinated against COVID-19 and to follow public health recommendations and preventative measures to protect themselves and others in their communities.