THE EMPLOYERS' EDGE
ONTARIO MANDATES VACCINATION AND VACCINE POLICIES IN LONG-TERM CARE HOMES
Ontario announced on May 31, 2021 that staff at long-term-care homes across Ontario will have to either prove they’ve had a COVID-19 vaccine, or attend an educational session about the risks of opting out, if they don’t have a medically documented reason for declining the shot. It will also be mandatory for homes to have an immunization policy, and track and report on its implementation, including staff vaccination rates. The government announced that these policies must be in place by July 1, 2021.
Mandatory Immunization Policy
Ontario is the first province in Canada to issue a directive making it mandatory for long-term care homes to have COVID-19 immunization policies for staff.
Under the immunization policies to be put in place at all long-term care homes in the province, each staff member must do one of the following:
- Provide proof of vaccination of each dose;
- Provide a documented medical reason for not being vaccinated; or
- Participate in an educational program about the benefits of vaccination and the risks of not being vaccinated.
The new directive applies to all staff, placement students, and volunteers regardless of the frequency with which they attend the home and regardless of the duration of any period of time they attend the home.
Homes will be required to track and report on the implementation of their policies, including overall staff immunization rates. The immunization status of individual staff members will not be shared with the province.
Every long-term care home must ensure that their vaccination policy clearly sets out the consequences for individuals who do not provide proof of vaccination, exemption, or education program. Such consequences must be in accordance with the home’s human resources policies, collective agreements and any applicable legislation, directives and policies.
Proof Required
Vaccinated Individuals
If the individual has only received the first dose of a two-dose COVID-19 series approved by Health Canada, they need to provide proof that the first dose was administered and, as soon as reasonably possible, proof of administration of the second dose.
If the individual has received the total required number of doses of a COVID-19 vaccine approved by Health Canada, they need to provide proof of all required doses.
Medically Exempt
If the individual is medically exempt from receiving a COVID-19 vaccine, they need to provide proof of a medical reason, provided by either a physician or registered nurse that sets out:
- That the person cannot be vaccinated against COVID-19; and
- The effective time period for the medical reason.
Educational Program
If the individual elects not to receive a COVID-19 vaccine, they are required to submit proof that they have completed an educational program approved by the home that addresses, at a minimum, the following:
- how COVID-19 vaccines work;
- vaccine safety related to the development of the COVID-19 vaccines;
- the benefits of vaccination against COVID-19;
- risks of not being vaccinated against COVID-19; and
- possible side effects of COVID-19 vaccination.
Contact the legal experts at CCPartners for more information about vaccine policies and for assistance in drafting a policy that is compliant with all current legislation.