COVID-19 Tests Are Not Genetic Tests For The Purpose Of The Canada Labour Code

A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to the Board.

Background

The complainant was a full-time driver for DHL Express (Canada) Ltd. (DHL). In response to the COVID-19 pandemic, DHL implemented a COVID-19 vaccination policy that required employees, in order to work in DHL's facilities, either to be fully vaccinated or take a COVID-19 test of their choice and provide evidence of a negative COVID-19 test result twice a week.