September 23, 2021

As you are aware, employers in Ontario are required to maintain a safe workplace under the Occupational Health & Safety Act (OHSA) while also having a duty to accommodate employees’ medical conditions under the Human Rights Code (HRC).

With the province continuing to reopen for business and vaccine regulations coming into effect, the rules for balancing these obligations have been far from clear.

In the past week there has been welcomed clarification from the Ontario Ministry of Health and the Ontario Human Rights Commission (OHRC) on two key issues:

• Medical exemptions and;
• Accommodation for those people – particularly visitors to a business – who choose not to be vaccinated because of personal preference.

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Medical exemptions
On September 14, 2021, the Ontario Ministry of Health released a short list of conditions which may warrant an exemption from COVID-19 vaccination. The Ministry’s list is intended to assist medical professionals in evaluating requests for exemptions from the COVID-19 vaccine. 

The list of exemptions is restricted to:

• severe allergic reactions or anaphylaxis to a component of a COVID-19 vaccine,
• a reaction to a dose of the vaccine, 
• a history of inflammation of the heart muscle (Myocarditis) for those aged 12 to 17, 
• a history of four conditions specific to those receiving the Vaxzervia (AstraZeneca) vaccine, and 
• those actively receiving two specific types of therapies for the treatment or prevention of COVID-19. 

Click here »» to download a .pdf of the complete list of exemptions.

This guidance is in addition and complementary to the Frequently Asked Questions document provided to Ontario physicians on September 1, 2021 by the College of Physicians and Surgeons of Ontario (CPSO).

The FAQ page states that there are very few acceptable medical exemptions to COVID-19 vaccination. The CPSO also stresses that physicians may decline to write notes and complete forms when the patient does not clearly fall within an approved exemption.

Duty to accommodate – OHRC
On September 22, 2021 the OHRC released a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates, noting that “a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation” under the Human Rights Code.

The OHRC noted that while the Code “prohibits discrimination based on creed, personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.”

It also states that “The OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code”

Click here »» to read the full statement on the OHRC website. 

I trust you will find these clarifications helpful. Please contact me if you have additional questions, would like advice on the specifics of your workplace and employees or for assistance working through any of your staffing matters.