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COVID-19 vaccination mandates in Canada

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COVID-19 vaccination mandates in Canada are the responsibility of provinces, territories, and municipalities, and in the case of federal public services and federally-regulated transportation industries, the federal government. COVID-19 vaccines are taxpayer funded in Canada and made available free of charge through the public health care system. The federal government is responsible for procurement and distribution of the vaccines to provincial and territorial authorities; provincial and territorial governments are responsible for administering vaccinations to people in their respective jurisdictions.[1] Mass vaccination efforts began across Canada on December 14, 2020. As the second vaccinations became more widely available in June 2021, Manitoba became the first province in Canada to offer a voluntary vaccine passport.[2]

As Canada was emerging from the fourth wave in mid-August—which had been dominated by the highly contagious SARS-CoV-2 Delta variant,[3] governments at different levels were considering the use of vaccine mandates.

At the international level, Canada was in dialogue with other member nations of the Group of Seven, with the World Health Organization and the International Civil Aviation Organization to discuss "proof of vaccination for international travel".[4] These "reliable and secure" "proof of vaccination credentials"[4] were often referred to as vaccine passports.

During this same period, at the domestic level an emerging "patchwork" system of vaccine mandates began to be introduced across Canada.[5][6][7] In August 2021, a number of public and private entities nationwide began to consider implementing vaccination mandates.[8][9][10][11]

With healthcare capacity spread "too thin" during the "rising fifth wave driven by the Omicron variant" in early January 2022, federal Health Minister Jean-Yves Duclos suggested that provinces implement mandatory COVID-19 vaccinations.[12][13]

There have been protests against public health restrictions all across Canada. In early 2022, protests against mandates increasingly involved anti-government sentiments, with a blockade and occupation of Parliament Hill occurring in late January and lasting for nearly a month. The protest led to tens of millions in economic costs, including trade and supply chain interruptions, policing costs, business closures, and temporary lay-offs of over a thousand workers.[14] In response, the federal government invoked the Emergencies Act on February 14 for the first time in Canadian history, giving police and other government agencies extraordinary powers to handle the ongoing protests.[15][16] In January 2024, a Canadian court found that the Trudeau government’s use of the “Emergencies Act” was not justified, and violated the Canadian Constitution.[17][18]

Overview

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During the fourth wave of the pandemic, dominated by the highly contagious SARS-CoV-2 Delta variant, known as "Delta",[3] the first vaccine mandates were introduced in Canada. By mid-August 2021, as Canada was facing a potential surge during the fourth wave of the highly infectious and dangerous Delta variant, vaccinations were available to most adult Canadians, and many Canadians had been vaccinated. As borders were reopening and school terms beginning in the near future, experts called for vaccine mandates.[5][19] The federal government imposed mandatory vaccinations on federal public servants.[20][21] By November 2021, with the second winter with COVID-19, health agencies attempted to reach more vaccine-hesitant Canadians.[19]

The Public Health Agency of Canada (PHAC) announced that the number of new Omicron infections had peaked in January 2022.[22] As the fourth wave ended, Canada's Chief Public Health Officer Dr. Theresa Tam said that the world will be grappling with future waves of SARS-CoV-2 virus variants in the "months and years to come"—some of which that "will be quite severe and disruptive."[22] The CPHO said that in the coming weeks "all existing public health policies"—including "provincial vaccine passports"— would have to be "revisited", to avoid being in a "crisis mode" all the time and to address future waves in a "longer-term" "more sustainable way" that will include "capacity building."[22] Sweden—which unlike Canada, has a very high rate of booster vaccinations—will remove all vaccine passports by February 9. While the percentage of Canadians with two vaccinations was quite high, only 50% have received the booster, which limited the effects of COVID-19 complications.[22]

Federal public service

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On August 13, 2021, Minister of Intergovernmental Affairs Dominic LeBlanc and Transport Minister Omar Alghabra announced that the federal government plans to mandate the vaccination of all federal public servants, employees in federally-regulated transport industries, and passengers of commercial air travel, interprovincial rail service, and large marine vessels with overnight accommodations (e.g. cruise ships). The government will also "expect" the vaccination of all employees in industries regulated by the Canada Labour Code.[20][21] That day, the Government of Canada estimated that there were approximately 19,000 employers and 1,235,000 employees (8% of all workers in Canada) subject to the vaccine mandate.[23]

Since October 29, proof of vaccination has been mandatory for employees of federal public services and federally regulated industries, including banking.[13] By early January, in these public sectors, those "without proof, or an exemption on medical or religious grounds, have been put on unpaid leave".[13] A January 27, 2022 CTV News explainer provided an update on current "vaccine mandates and public health restrictions" across Canada. These mandates and restrictions "fall under provincial and territorial jurisdiction" and most are "not federal responsibilities."[24]

Federal travel

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The federal government has been in dialogue along with other members of the Group of Seven nations, with the World Health Organization and the International Civil Aviation Organization and others to discuss international issues related to the global pandemic. This includes dialogue on "proof of vaccination for international travel".[4] As Canada was emerging from the fourth wave in mid-August, in order to "support the re-opening of societies and economies" while also reducing the "risk of spread and importation of COVID-19", Canadians needed a "reliable and secure" "proof of vaccination credentials" required by both Canadian and foreign border officials.[4] The ArriveCAN app was introduced for travellers arriving in Canada.[4] The Canada Border Services Agency (CBSA) says that the ArriveCan app has "set the stage" for a new system with technological changes to speed up entry to Canada at the border, starting with major airports.[25] In order to be "eligible for the exemption from quarantine and post-arrival testing requirements", travellers need to submit their proof of vaccination" which includes the option of uploading it to ArriveCAN.[4] By the summer of 2022, the app had become controversial, with border mayors calling for it to be scrapped.[26]

Domestic

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As of November 30, 2021, Canadians who wish to travel domestically on airplanes, cruise ships or by VIA Rail trains have been required to prove they are fully vaccinated against COVID-19 [13]

Cross-border

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In October 2021, new United States Department of Homeland Security regulations were released regarding cross-border travel between the Canada and the United States based on guidance from the Centers for Disease Control and Prevention. To prevent supply chain disruptions, the DHS allowed for a window of four months—until January 22, 2022—for Canadian truckers to get fully vaccinated against COVID-19.[27][28]

On November 19, 2021, the Public Health Agency of Canada announced upcoming adjustments to Canada's border measures.[29] Included in the announced adjustments was the requirement for essential service providers, including truck drivers, to be fully vaccinated after January 15, 2022. The announcement clarified that unvaccinated or partially vaccinated foreign national truck drivers would be prohibited from entering Canada after that date. According to the Canadian Press and CBC, as of January 22, the mandates would impact an estimated 26,000 unvaccinated truckers of the 160,000 truck drivers in both the United States and Canada who regularly cross the border.[30]

Provinces and territories

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An October 21, 2021 federal briefing said that the provinces and territories—who hold all of the vaccination information—are responsible for providing the vaccine passport that Canadians need to travel internationally, using "existing provincial proof of vaccination systems".[31] By 2022, all provinces and territories had "vaccine passports with the QR code that meets the recommended Canadian standard for domestic and international travel".[32]

Alberta

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Under the Premiership of Jason Kenney, the province removed the "power of mandatory vaccination from the provinces Public Health Act, to ensure there could not be a vaccine mandate.[12] In May 2021, Premier Kenney promised Albertans the "best summer ever" and on June 18, he announced the government's plans to reopen with a prediction that the pandemic was ending.[33] On July 28 Alberta Chief Medical Officer of Health, Deena Hinshaw, announced sweeping changes during her COVID-19 pandemic update.[34] Hinshaw explained that the increased uptake of vaccinations was one of the factors influencing her decision to gradual remove all restrictions; to decrease testing; and shorten the quarantine period.[34] Kenney took a lengthy holiday overseas in August while cases increased.[33] In mid-September, as Alberta was reaching the peak of daily cases during the fourth wave, the number of active cases reached 20,614[35]—representing the first time the number was greater than 20,000;[35] the daily case count exceeded 1,600, the number of hospitalization was over 1,130. The number of active cases on September 20 was "far more than twice as many as any other province or territory."[35] In mid-September facing criticism on all sides, Premier Kenney introduced his Restrictions Exemption Program (REP)—described by many as a vaccine passport—along with "sweeping new measures to combat the COVID-19 surge."[36] If businesses require their adult patrons to "show proof of vaccination or recent negative test result", they can forego certain other restrictions.[37] By early October 2021, CBC News was citing Alberta as a "cautionary tale for the rest of Canada". The province had made a series of "bad policy decisions"; vaccination rates were low; and the government did nothing.[38][35] By October 1, a November 30, 2021 deadline had been set by Premier Kenney for approximately "25,500 public service employees" to get vaccinated.[39] In January 2022, Kenney refused to introduce a mandate.[12]

British Columbia

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In an October 5, 2021 update, Provincial Health Officer for British Columbia, Dr. Bonnie Henry and health minister, Adrian Dix, announced a vaccine mandate for public service employees and visitors to many health-care settings. This includes long-term and assisted care.[7][5][6]

Ontario

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The Ontario government announced a COVID-19 vaccine certification system that came into effect on 22 September.[40] It was met with protests.[40]

On October 28, 2021, Chief Medical Officer of Health of Ontario Kieran Moore said that Ontario will not integrate a COVID-19 vaccine requirement into the Immunization of School Pupils Act (ISPA) "at present".[41]

On February 10, 2022, the Chief Medical Officer of Health of Ontario, Dr. Kieran Moore, said that there was a "remarkable improvement" in "all of key metrics" in the province that will lead to a review of all COVID-19 "public health measures" which includes "mask mandates and proof of vaccination."[42]

On March 1, 2022, Ontario's COVID-19 vaccine certification system was lifted.[43]

Manitoba

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On June 8, 2021, Manitoba Premier Brian Pallister announced that the province would be providing secure vaccination cards in digital and paper form linked to the provincial health card to be used for proof of vaccination status. Users of this vaccine passport, the first in Canada, faced fewer COVID-19 public health restrictions.[2] By early July, the demand for the paper vaccine passports temporarily overwhelmed the system. At the same time, the province reached a new "marker in the pandemic"—the COVID-19 vaccines supply exceeded "demand on a daily basis."[2][44]

By early August at the beginning of the fourth wave, case numbers and test positivity rates were declining in Manitoba in spite of the increase in the proportion of cases of Delta. On August 7, 2021, with a majority of eligible Manitobans vaccinated—with 71.4% fully vaccinated, and 80% with the first dose of the vaccine, Premier Pallister introduced his +4-3-2-One Great Summer plan to re-open by lifting restrictions, including the mask mandate.[45]

Quebec

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See also: COVID-19 vaccination in Quebec

On August 17, 2021, Premier François Legault announced that healthcare workers in Quebec, both in the private sector and the public sector, would have to be fully vaccinated by October 1, 2021.[46] Workers who do not comply would face suspension without pay and, if applicable, would have their licenses to practice revoked by their provincial medical organization.[47][48] On September 7, the Minister of Health and Social Services, Christian Dubé, moved the date to October 15.[49] Two days before the mandate was meant to come into effect, the Quebec government again delayed the date by a month, to November 15, 2021, fearing a staffing shortage in Quebec's already strained healthcare system; approximately 17,140 healthcare workers would be at risk of suspension, 5,000 of which were likely to be in direct contact with patients, according to Minister Dubé.[50] Finally, on November 3, the mandate was abandoned altogether. New hires in the healthcare system would still have to be fully vaccinated.[51]

On September 1, 2021, a vaccine passport in the form of a QR code came into effect in Quebec, requiring patrons to be adequately vaccinated in order to gain entry to certain places deemed to be high-risk, including gyms, restaurants, bars, and indoor venues.[52][53] During the Omicron wave, the passport was expanded to provincial alcohol stores (SAQ), provincial cannabis stores (SQDC).[54] and big-box stores, including Walmart, Costco, and Canadian Tire.[55]

On March 12, 2022, Quebec's vaccine passport system was lifted.[56]

Private companies and public schools

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As early as April 2021, nationwide public colleges and universities,[8] private companies,[9][10] and for-profit long-term care facilities[11] began to consider vaccine mandates.

Protests

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There have been a number of protests over responses to the COVID-19 pandemic across Canada. Vaccine mandates and passports became increasingly controversial as the pandemic entered its third year. The largest and most disruptive series of protests, linked with the Canada convoy protest, was originally called the "Freedom Convoy" by its organizers. After protesters had demonstrated for nineteen days on Parliament Hill, in Ottawa, Canada's capital, the three levels of government—municipal, provincial, and national—had invoked three states of emergency for the city.[57] In January 2024, a Canadian Federal court ruled that the government’s use of the “Emergencies Act” to shut down the protest was unreasonable and had violated the Canadian Constitution [58]

See also

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Further reading

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Notes

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  • "Mandatory COVID-19 vaccination requirements for federally regulated transportation employees and travellers". Transport Canada. October 6, 2021. Archived from the original on January 29, 2022. Retrieved February 4, 2022.

References

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  1. ^ PHAC 2020.
  2. ^ a b c Global News via CP 2021.
  3. ^ a b Pelley 2021.
  4. ^ a b c d e f TC 2021.
  5. ^ a b c Miller 2021.
  6. ^ a b Government of British Columbia 2021.
  7. ^ a b Roffel 2021.
  8. ^ a b Trosow & Lowe 2021.
  9. ^ a b Kerr 2021.
  10. ^ a b Lao 2021.
  11. ^ a b CBC & CP 2021.
  12. ^ a b c Amato 2022.
  13. ^ a b c d Bensadoun 2022.
  14. ^ Aiello, Rachel (February 15, 2022). "Emergencies Act: Feds outline next steps". CTV News. Retrieved February 16, 2022.
  15. ^ Tunney, Catharine (February 14, 2022). "Federal government invokes Emergencies Act for first time ever in response to protests". CBC News. Retrieved February 14, 2022.
  16. ^ Gallant, Jacques (February 14, 2022). "The Emergencies Act has been invoked. What does that mean?". The Star. Retrieved February 14, 2022.
  17. ^ https://www.ctvnews.ca/politics/federal-court-rules-emergencies-act-invocation-not-justified-1.6738624
  18. ^ https://www.publicsafety.gc.ca/cnt/trnsprnc/brfng-mtrls/prlmntry-bndrs/20240626/09-en.aspx
  19. ^ a b Trepanier 2021.
  20. ^ a b Tasker 2021.
  21. ^ a b Turnbull 2021.
  22. ^ a b c d Tasker 2022.
  23. ^ TBCS 2021.
  24. ^ Lee 2022.
  25. ^ Thompson 2022.
  26. ^ Thompson, Elizabeth. "Border mayors call on federal government to scrap the ArriveCAN app". CBC. Retrieved June 15, 2022.
  27. ^ DHS 2021.
  28. ^ DHS 2022.
  29. ^ GC 2021.
  30. ^ CBC & CP 2022.
  31. ^ Aiello 2021.
  32. ^ Immigration Canada 2021.
  33. ^ a b Anderson 2021.
  34. ^ a b Herring 2021.
  35. ^ a b c d CBC News 2021.
  36. ^ Kost 2021.
  37. ^ GA 2021.
  38. ^ Miller 2021a.
  39. ^ Tilo 2021.
  40. ^ a b Rocca 2021.
  41. ^ "Ontario won't include COVID-19 on list of mandatory immunizations, top doctor confirms". CBC News. October 28, 2021. Archived from the original on November 2, 2021. Retrieved November 2, 2021.
  42. ^ Rocca, Ryan (February 10, 2022). "Timeline to lift all COVID-19 measures in Ontario coming soon, top doctor says". Global News. Retrieved February 10, 2022.
  43. ^ "Ontario lifts vaccine certificate system, remaining capacity limits in all indoor settings". CBC News. March 1, 2022. Retrieved April 30, 2022.
  44. ^ Aldrich 2021.
  45. ^ McKendrick 2021.
  46. ^ "Les travailleurs de la santé du Québec devront obligatoirement se faire vacciner" (in French). Radio-Canada. August 17, 2021. Retrieved August 17, 2021.
  47. ^ "Vaccination obligatoire : l'Ordre des pharmaciens du Québec appliquera le décret". Radio-Canada (in French). October 12, 2021. Retrieved October 14, 2021.
  48. ^ "Unvaccinated nurses won't be allowed to practise in Quebec, order confirms". CBC News. October 12, 2021. Archived from the original on October 15, 2021. Retrieved October 14, 2021.
  49. ^ Lecomte, Anne Marie (September 7, 2021). "Québec confirme la vaccination obligatoire des travailleurs de la santé à la mi-octobre" [Quebec confirms the obligatory vaccination of healthcare workers by mid-October]. Radio-Canada (in French).
  50. ^ Jonas, Sabrina (October 13, 2021). "Quebec delays vaccine mandate for health-care workers by one month, fearing staffing crisis". CBC News. Retrieved October 14, 2021.
  51. ^ "Quebec backs down again on mandatory vaccination in health network". CBC News. November 3, 2021. Retrieved November 3, 2021.
  52. ^ Cabrera & Olson 2021.
  53. ^ Gouvernement du Québec 2021.
  54. ^ Nerestant 2022.
  55. ^ Stevenson 2022.
  56. ^ Laframboise, Kalina (March 12, 2022). "COVID-19: What you need know as Quebec lifts vaccine passport system, other measures". Global News. Retrieved April 30, 2022.
  57. ^ Kirkup, Kristy; Walsh, Marieke; Carbert, Michelle (February 15, 2022). "Ottawa Police Chief Peter Sloly resigns amid criticism of how vaccine-mandate protests were handled". Retrieved February 15, 2022.
  58. ^ https://www.publicsafety.gc.ca/cnt/trnsprnc/brfng-mtrls/prlmntry-bndrs/20240626/09-en.aspx

Sources

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