With the distribution of the COVID-19 vaccine well underway,
many Canadian employers are thinking about introducing vaccination
policies into their workplace… raising the question
“Are mandatory vaccination policies even legal?” The
simple answer is “yes”, but there is more to the answer
than just that.
The Law
There is currently no federal or provincial legislation in
Canada requiring mandatory COVID-19 vaccination
for all employees, nor is any such legislation expected.
Occupational health and safety legislation at both the federal
and provincial levels, however, does require that employers protect
their workers from health and safety risks in the workplace. If
vaccination can be shown to effectively minimize the transmission
of COVID-19, mandatory vaccination policies may be argued to be one
way to satisfy this obligation.
