441-00636 (Civil and human rights)

In recognition of the critical nature of the transportation sector for Canadians and for the economy, the Government of Canada has been committed to keeping it safe and secure since the onset of the pandemic.

Throughout the pandemic, Transport Canada has worked closely with federal partners, provinces and territories and the transportation industry to implement a comprehensive set of targeted and calibrated measures to help mitigate the spread of COVID-19, to help keep Canadian travellers safe, and ensure the safety and resiliency of the Canadian transportation system.

The public health and safety measures that the Government of Canada has implemented have been and will continue to be based on the best public health advice and science available. As the COVID-19 pandemic has evolved, so too have public health measures and advice. The Government of Canada will continue to evaluate measures and will not hesitate to make adjustments based on the latest public health advice and science to keep Canadians and the transportation system safe and secure.

Vaccination continues to be one of the most effective tools to protect Canadians, including younger Canadians, the healthcare system and economy. Everyone in Canada needs to keep up to date with recommended COVID-19 vaccines, including booster doses to get ready for the fall. The Government of Canada will continue to work with provinces and territories to help even more Canadians get the shots they are eligible for.

Vaccine Mandate in the Transportation Sector

In August 2021, the Government of Canada announced mandatory vaccination requirements for the federal workforce, federally regulated transportation sector, and certain travellers. These requirements, which came into effect on October 30, 2021, made vaccination against COVID-19 a requirement to board a plane, train or certain vessels in Canada, and required federally regulated transport sector employers to put in place mandatory vaccination policies for their employees. To support the safe resumption of cruise ship travel, which began in April 2022, travellers and crew on cruise ships are also required to be fully vaccinated.

On June 20, 2022, the Government of Canada suspended vaccination requirements for domestic and outbound travel and for federally regulated transportation sectors; vaccination is no longer a requirement to board a plane or train in Canada. Other public health measures, such as wearing a mask, continue to apply and will be enforced throughout a traveller’s journey on a plane or train. This change does not affect border measures that require all travellers entering Canada to continue following entry requirements, including vaccination.

The Government of Canada’s decision to suspend the mandatory vaccination requirement for the domestic transportation sector was informed by key indicators, including the evolution of the virus; the epidemiologic situation and modelling (stabilization of infection and hospitalizations across the country); vaccine science; and high levels of vaccination in Canada against COVID-19.

Federally regulated transportation sector employers: As of June 20, 2022, employers in the federally regulated air, rail, and marine sectors no longer need to have mandatory vaccination policies in place for employees. Employers will be responsible for establishing return-to-work practices.

Cruise Travel: Given the unique nature of cruise ships, including the fact that passengers are in close contact with each other for extended periods of time, and Canada’s border requirements, vaccination against COVID-19 is still required for passengers and crew on cruise ships operating in Canadian waters. Adherence to strict public health requirements on cruise ships will still be required.

Border Measures

Early in the pandemic, it was recognized that truckers and other workers performed services that were essential to keeping goods and services flowing, and they were allowed exemptions from strict border requirements put in place for most cross-border travellers.

In January 2022, the Minister of Health, using the Quarantine Act, implemented vaccination requirements for some foreign national essential workers entering Canada, including Canadian and foreign national commercial truck drivers. The United States implemented similar measures in January as well, affecting foreign nationals.

While the suspension of domestic vaccine mandates reflects an improved public health situation in Canada, the COVID-19 virus continues to evolve and circulate in Canada and globally. Given this context, and because vaccination rates and virus control in other countries varies significantly, current vaccination requirements at the border continue to remain in effect. This will reduce the potential impact of international travel on the health care system and serve as added protection against any future variant. 

The Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police was implemented in the fall of 2021 when vaccination provided a high degree of protection against infection and transmission of COVID-19 viruses. This approach served as an effective public health measure to protect public servants and the communities they worked in.  All employees have had access to Public Health Agency of Canada/Health Canada information about vaccines and how they work so they could understand how vaccination helps protect them and their workplaces against COVID-19.

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. 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 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.

Based on the evolving nature of the pandemic and the scientific data, the Government of Canada announced on June 14^th, 2022 that it would suspend vaccination requirements for federal government employees, and effective June 20, 2022, employees of the core public administration would no longer be required to be vaccinated as a condition of employment. Consequently, employees who had been placed on administrative leave without pay as per the Policy, could be reinstated as early as June 20, 2022.

The decision to suspend the Policy is based on the latest scientific evidence related to vaccine effectiveness against transmission and infection with evolving COVID-19 variants. Suspending the Policy allows the Government to easily reinstate it as needed, based on science and public health risk, in the future. 

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

Throughout the pandemic, the Government of Canada’s response has been informed by expert advice and sound science and research. As the COVID-19 pandemic has evolved, so too have public health measures and advice, which includes vaccination requirements that were always meant to be a temporary measure.

As of June 20, 2022, the Government of Canada has suspended vaccination requirements for domestic and outbound travel, federally regulated transportation sectors and federal government employees. Furthermore, the Government has announced that it is no longer moving forward with proposed regulations under Part II (Occupational Health and Safety) of the Canada Labour Code to make vaccination mandatory in all federally regulated workplaces.

While the suspension of vaccine mandates reflects an improved public health situation in Canada, the COVID-19 virus continues to evolve and circulate in Canada and globally. Given this context, and because vaccination rates and virus control in other countries vary significantly, current vaccination requirements at the border will remain in effect. This will reduce the potential impact of international travel on our health care system and serve as added protection against any future variant. Other public health measures, such as wearing a mask, continue to apply and will be enforced throughout a traveller’s journey on a plane or train.

Vaccination continues to be one of the most effective tools to protect Canadians, including younger Canadians, our health care system and our economy. Everyone in Canada needs to keep up to date with recommended COVID-19 vaccines, including booster doses to get ready for the fall. The Government of Canada will continue to work with provinces and territories to help even more Canadians get the shots for which they are eligible.

The Government of Canada will not hesitate to make adjustments based on the latest public health advice and science to keep Canadians safe. This could include an up-to-date vaccination mandate at the border, the reimposition of public service and transport vaccination mandates, and the introduction of vaccination mandates in federally regulated workplaces in the fall, if needed.