Guide on returning to the office

In preparing for a safe reopening of the workplace, it is important to consider which stakeholders should be consulted in developing workplace policies and procedures and ensuring their compliance.

One of the first items on an employer’s checklist when preparing workplace policies and procedures is to draft a detailed list of risks and safety issues that need to be addressed in the workplace.

To achieve this, employers may have to conduct a physical walkthrough of the workplace to identify health and safety risks relating to people, equipment, surfaces, training and suppliers. It is often workers themselves or their immediate managers who are in the best position to identify health and safety risks that threaten their day-to-day activities. As workers return to the physical workplace in larger numbers, employers may wish to consult workers and their managers about novel health and safety risks that may not have existed prior to the pandemic. These may include issues relating to unlearning of skills and protocols, lower fitness levels, mental health considerations, familiarity with exists and building exists and safety plans, as well as COVID-19 transmission risks.

From a health and safety perspective, stakeholders may include:

• the joint occupational health and safety committee;
• human resources managers;
• union representatives;
• a supervisor or manager from each department;
• third-party consultants or industry advisors; or
• individual workers.

Specific consultation obligations may vary between jurisdictions. For example, in Ontario, employers should work in consultation with the joint health and safety committee or health and safety representative. For unionized employers, the workplace reopening should be planned in consultation with the trade unions or representatives. Employers should also be mindful of public health orders currently in force in their jurisdiction, which can limit the return of workers to only those who are necessary at the physical workplace and who cannot otherwise perform their duties remotely.

Practical Tips

Consulting with and soliciting feedback from employees

Engaging employees by keeping them up to date on developing health and safety measures and reopening plans can also be beneficial to employers, based on a number of considerations.

Firstly, for many employers reopening, work refusals are a central concern. In Canada, workers generally have the right to refuse dangerous or unduly hazardous work if they have legitimate health and safety concerns. Generally, after an employee refuses to work on the basis that work is dangerous, the work cannot continue until an investigation is carried out and determines if the refusal is justified or not. In some jurisdictions, the legislation expressly requires the employer to pay the refusing employee, and ensure he or she is in a safe place while the investigation is ongoing.

To mitigate this risk, employers should involve workers in certain reopening or returning conversations, and address any legitimate safety-related concerns raised in that context. In practice, this could take the form of consultations with an employee or a union representative. Soliciting employee feedback could also be encouraged by implementing a confidential and voluntary employee reporting or feedback program that allows employees to raise any concerns they may have regarding workplace safety.

Moreover, for some employees, the stresses and fatigue of the pandemic may have had a significant and lasting toll on their mental health. Ensuring that employees are involved in the reopening process could help to mitigate these challenges, and could work to create a sense of reassurance and ease among the workers.

Some jurisdictions have published specific guidance on communicating COVID-19-related information to employees. For example, in Alberta, the provincial government has recommended that employers keep in constant communications with employees on developments related to COVID-19, including steps taken to prevent the spread of COVID-19 at the workplace, and the employees’ role in the furtherance of that objective.

Refer to the links at the end of the Canadian chapter of this guide for more information on jurisdiction-specific requirements.

What can the prudent employer do to ensure physical distancing in terms of the work space?

Gatherings and physical distancing in the workplace

Federal, provincial, and municipal governments in Canada have issued orders governing workplace gatherings. The specific rules that apply to your business depend on a host of factors, such as the location of your business, your industry, and the scope of products or services you offer to the public. Gathering rules in one jurisdiction are not necessarily applicable in others. In most jurisdictions, even if orders requiring physical distancing in the workplace have been removed, they often impose a broad duty on employers to take reasonable measures to protect the health and safety of workers and distancing is an effective means. Businesses should pay particular attention to larger gatherings and events, such as meetings, conferences, or training sessions. While these gatherings may take place in the workplace, in many provinces, they are restricted in size. Finally, personal protective equipment is either required or recommended in most provinces where physical distancing is not possible.

Practical Tips

Practical tips for gatherings and distancing in Canada include:

• maintaining a two-metre distance (i.e. install floor markers to indicate this distance or employ staff to manage this distance in lineups or among members of the workplace);
• erecting plexiglass barriers when two metres cannot be maintained between workers, or workers and the public;
• re-arranging where staff are assigned to work;
• reducing the number of passengers on elevators and avoiding crowding in stairwells and other tight spaces;
• implementing a system for virtual and/or telephone/video consultations, and allowing workers to work from home where possible until state of emergencies are lifted;
• postponing non-essential, face-to-face appointments;
• depending on the jurisdiction, requiring or encouraging workers to wear masks or face coverings;
• suspending all group activities and gatherings;
• holding meetings in outdoor spaces, where permissible;
• directing traffic flow within the business (e.g. establishing one-way shopping aisles and using arrows on floors);
• installing a physical barrier, such as a cubicle, partition or window, to separate workers, volunteers and patrons;
• increasing separation between desks and workstations;
• eliminating or re-structuring non-essential gatherings (e.g. meetings and training sessions) of workers, patrons, and volunteers, such as moving in-person meetings to virtual media platforms such as teleconferences;
• implementing contact-free modes of patron interaction such as home delivery of goods or curb-side pickup;
• removing chairs from spaces.

Although the measures discussed above are not exhaustive, they provide some insight into how employers can think creatively to ensure their workplaces reopen in a legally compliant manner.

In addition to the measures discussed in the response to the previous question, governments in Canada have recommended a number of measures to ensure social distancing in the workplace.

Practical Tips:

Governments in Canada have recommended the following to promote social distancing in temporal terms:

• having staff work from home whenever possible;
• staggering start times, breaks and lunches;
• reducing the numbers of people in the workplace (e.g. ceasing non-essential work; staggered, shorter work hours, or admitting customers in limited numbers);
• restricting the number of employees, volunteers, and patrons in a business at any one time;
• limiting the number of people in shared spaces (such as lunchrooms) or staggering break periods;
• limiting hours of operation or setting specific hours for at-risk patrons; and
• wearing a mask in public indoor spaces, where possible.

It should be noted that, in many respects, some of the recommended measures may require support from human resources and other departments, as well as heightened supervision from management. It will therefore be important to regularly communicate with all managers and supervisors, as well as with employees, to the extent possible.

For more information on jurisdiction-specific requirements and governmental guidance, please note that we have included references to the most important government resources in all of Canada’s jurisdictions.

Practical Tips:

Across Canada, many government authorities have recommended a number of additional protections to protect against COVID-19. While some provinces have lifted their state of emergencies and many public health orders relating to COVID-19, the measures below are often recommended to reduce the risk of outbreaks:

• ensure all high-touch tools and surfaces are cleaned regularly;
• provide workers with more opportunities to keep their hands clean, for example by providing soap and water or hand sanitizer if soap is not available;
• ensure workers are using any required personal protective equipment appropriately;
• remind workers to stay home if they are sick;
• consider what screening measures can be implemented for employees and customers;
• maintain bathrooms and showers and any associated amenities in a clean and sanitary condition;
• screening employees, where appropriate to do so;
• some jurisdictions now require or recommend that employers post business or health and safety plans for returning employees;
• in some provinces, employers are encouraged to partake in awareness initiatives. In Quebec, employers can sign the province’s Charte d’engagement à combattre le coronavirus en milieu de travail, which, though merely a symbolic gesture, promotes alertness and compliance with the province’s pandemic-related requirements in the workplace.

For more information on jurisdiction-specific requirements and governmental guidance, we have included references to the most important government resources in all of Canada’s jurisdictions.

For workplaces with lower risk levels, reasonable control measures may include posting signage for proper respiratory etiquette and hand hygiene, providing sanitization facilities, frequently cleaning and disinfecting commonly used spaces in the workplace, increasing distance between workstations, and making sure employees are aware of the steps to take if they experience any symptoms of COVID-19.

For workplaces with higher risk levels, such as those engaged in health care, food services, manufacturing, etc., more extensive control measures may be justified. In these workplaces, it may be reasonable for high-risk workplaces to implement mandatory screening and/or testing (including self-declarations, reporting programs, and temperature testing) prior to admitting entrance to the workplace. This would also likely be justified where there is evidence of an outbreak in either a high- or low-risk workplace.

However, in some jurisdictions, occupational health and safety legislation provides employers with the right to establish a medical surveillance program or provide for safety-related medical examinations and tests. These measures are only permitted in certain circumstances, as prescribed by law. It will be important to consult legal counsel before implementing screening procedures.

An employer’s occupational health and safety obligations in these circumstances must be weighed against the protections afforded to an individual’s privacy and human rights. As will be noted, in light of the COVID-19 pandemic, a balancing of interests approach would likely favour the health and safety of the workplace and public over the employee’s individual rights.

In some jurisdictions, such as Ontario, human rights bodies have taken the position that conducting a medical assessment to verify or determine an employee’s fitness to perform his or her work, such as taking an employee’s temperature, may be permissible. However, employers should only collect information from medical testing that is reasonably necessary to assess the employee’s fitness to perform on the job and any restrictions that may limit this ability, while excluding information that may identify a disability. Most jurisdictions that allow or require screening also require employers to destroy records and personal information obtained following screening tests within a specified period of time.

Practical Tips:

If it is deemed that screening employees is required, which might no longer be the case as provinces begin to ease public health restrictions, the following best practices should be considered:

• Employees should be provided with advanced notice in writing of the testing measures being implemented for entrance to the workplace prior to their arrival at the premises. This notice should state the purpose of the testing, explain the methods being used, and provide information on the steps that will be taken based on the outcome of the test;
• Any testing should be performed by a qualified medical professional, such as a nurse, who is able and qualified to properly administer the tests and interpret the results;
• Testing must be conducted in the least intrusive manner (i.e. using no contact devices or methods) and be performed in a space that protects the employee’s privacy, such as in a private, low-traffic area;
• Testing should be conducted in a safe manner that does not place the employees or the medical professional conducting the test at risk. For example, the testing area should be frequently cleaned and disinfected, hand sanitizer or washing stations should be provided and the medical professionals should wear the proper personal protective equipment while performing the tests;
• Where a test result reveals that an employee’s temperature is above the prescribed level, the employee should be instructed to leave the workplace immediately. If available, it is recommended that the employee complete a self-assessment online and call his public health authority. For example, in Ontario, this would mean completing the online self-assessment, or calling either Telehealth at 1-866-797-0000 or asking the employee to contact his or her primary care provider. Federally, this would include reporting a potential infection via Canada COVID-19 Support App. The employer should have a system in place where the employee can leave the workplace safely and discreetly so as to ensure no contact is made with other employees and to preserve the employee’s privacy and dignity;
• If medical information is obtained by the employer, it must be handled in accordance with applicable privacy legislation;
• Where the testing is performed in a unionized workplace, the employer should ensure that testing is performed in accordance with the applicable collective agreement. Where the testing is not permitted under an applicable management rights clause, the employer should consult with the union prior to implementing the testing.

Any mandatory testing program should regularly be reviewed and re-evaluated to ensure compliance with evolving public health guidance.

The Government of Canada has advised that all non-essential travel abroad should be avoided at this time, including to the United States, subject to certain exceptions, such as those applicable to immediate family members of Canadian citizens and permanent residents. As of July 5, 2021, the federal government eased international travel restrictions and quarantine requirements for certain travellers who have received two doses of a recognized vaccine, although these largely apply to individuals with certain ties to Canada, such as permanent residents, and not necessarily for recreational or business travel. Canada expects that, going forward, international travel restrictions will ease as the COVID-19 situation in Canada improves, and the easing of restrictions will likely be tied to a traveller's vaccination history. The Government of Canada also introduced testing requirements for all international travellers into Canada by land and air, as well as mandatory hotel self-isolation upon arrival, both of which can impose significant costs for travellers and their employers.

As a result, employers should, as a best practice, cancel all non-essential travel of their employees at this time, and encourage those who will be required to travel to be fully vaccinated.

Practical Tips

Monitor changes in Canada's federal travel restrictions here.

Traveling to or from the office

Workers should follow local and provincial health guidance when travelling to or from the workplace. While some provinces, for example, require face coverings to be worn on public transit and in company vehicles, others have largely lifted mandatory health restrictions.

Practical Tips

Government health measures and recommendations when traveling or commuting may include:

• respecting all physical distancing rules;
• cleaning hands properly;
• wearing a face covering;
• considering travel during off-peak hours or limiting transit;
• reminding employees to stay home if they are sick;
• discussing with employees steps they can take to mitigate the risk of transmission in non-work settings such as during commute to and from work.

For more information on jurisdiction-specific requirements and governmental guidance, we have included additional references to the most important government resources in all of Canada’s jurisdictions at the end of the Canadian portion of this guide.

How does the prudent employer decide which employees should return to the workplace?

Deciding who can, should and must return to the workplace is an exercise that will depend on the nature of the employer’s business and the resources required to keep the physical workplace open. While some provinces have lifted their state of emergencies, and given employers significant discretion in inviting workers back to the workplace, other provinces, such as Ontario, Manitoba, and Quebec, recommend that workers who are not necessary in the physical workplace continue to work remotely. In short, the decision to invite workers back to the workplace will depend on the provincial and municipal orders and guidance in your jurisdiction.

Practical Tips

Although specific requirements and needs may differ from employer to employer, there are a number of best practices that can be considered across the board, including:

• reminding workers to stay home if they are sick;
• considering making the return to the workplace voluntary for some of the workforce as part of a gradual integration;
• minimizing the number of employees working at the workplace at any one time, to the extent possible;
• limiting the employees returning to work to those critical for the operation of the business or whose duties cannot be performed at home;
• remaining mindful of all obligations under applicable human rights and occupational health and safety legislation, which prohibit discrimination, harassment and violence in the workplace;
• considering issues of discrimination that could arise in the workplace, whether based on disability, race, ethnicity or national origin. Under human rights legislation, employers have a duty to accommodate employees, including those with a disability or family care-giving responsibilities. See our updates here and here on accommodating family care responsibilities in the context of COVID-19;
• facilitating the ability of employees to work from home, while being mindful of privacy rules that govern whether an employer can monitor behaviours of remote workers. A legal update on an employer’s right or ability to monitor remote-working employees can be found here.

For more information on jurisdiction-specific requirements and governmental guidance, we have included references to the most important government resources in all of Canada’s jurisdictions at the end of the Canadian portion of this guide.

Employees’ right to refuse work in Canada?

Generally speaking, health and safety legislation across the country allows employees to refuse work in dangerous or unduly hazardous situations, depending on the wording of the governing legislation. Moreover, collective agreements may also have work refusal provisions that apply in specific work environments. Most commonly, work refusals arise when employees refuse to do something they have been asked to do, because of unsafe operating equipment, or the physical condition of the workplace. Depending on the circumstances, employees can refuse to do either a single task or a series of tasks at work, or can refuse to work altogether. 

To lawfully refuse work in Canada, employees must meet a certain threshold, which may vary depending on the jurisdiction. For instance, in some jurisdictions, such as Alberta, work refusals must generally be based on reasonable grounds. In others such as Ontario, the worker must only have a “reason” to stop work initially, which may be a subjective reason, and later the inspector determines if the situation is “likely to endanger” on a reasonableness standard.

Refusing employees must therefore have legitimate health and safety concerns, and the evidence must demonstrate the employee is at risk or likely to be at risk because of a hazard or condition in the workplace. For this reason, employees cannot refuse work because of preference, taste or personal comfort. Determining what constitutes a danger is not always an obvious exercise. The analysis will therefore be situationally driven and will crucially depend on the evidence of the case.

The ultimate determination of whether or not a work refusal is reasonable in the circumstances is a question of fact, dealt with case by case. For example, in some cases, employees will face normal conditions in the course of their employment that carry some risk, such as those working in the emergency services sector. A work refusal in that context may not be justified, whereas it may be reasonable for employees working in other domains to do so under the same conditions.

The procedural steps of a work refusal, generally

In addition, employers in Canada should be mindful that the procedural requirements surrounding work refusals vary by jurisdiction. Generally speaking, refusing workers are first required to notify their supervisor or employer that their or another’s health or well-being is being endangered by a condition or hazard in the workplace. Once notified, the supervisor or employer must investigate to determine whether the circumstances justify the worker’s refusal to work. This is often done in the presence of the employee, joint health and safety representatives and/or a union representative. Based on this assessment, the employer then determines if the work refusal is justified.

If the refusal is justified, the employer has a duty to ensure safety is re-established, and the refusing employee may thereafter return to work. If the refusal is not justified, the employee will be directed to return to work. If the employee disagrees with the employer’s decision and continues to refuse to work, the appropriate government regulator would appoint an inspector to conduct a health and safety inspection surrounding the circumstances of the refusal. Following the investigation, the inspector decides if the work refusal was lawful due to a condition or hazard in the workplace and sends his or her findings to the concerned parties.

Practical Tips:

• Employers should follow all health and safety measures and recommendations specific to their jurisdiction and industry.
• Keep lines of communication open and transparent with employees, to the extent possible. For more information on communicating with employees, see Question 2.
• It should be noted that at all stages of the investigative process, health and safety statutes across Canada require that employees cooperate with employer investigations and, if applicable, the appropriate government authority.
• Regardless of the situation, before getting too deeply involved in any dispute related to work refusals on the basis of COVID-19, it would be wise to seek legal guidance on how the process works in any specific jurisdiction.

For more information on work refusals in Canada, please see here. For those interested of British Columbia specifically, please see here.

Practical tips:

Staying well positioned

To conclude, it should be mentioned that not every workplace challenge can be fixed by our legal regime. For example, when addressing a situation where an employee refuses to perform work on the basis of health and safety concerns, the objectivity and legitimacy of those concerns are and will undoubtedly continue to often be elusive. Work refusals may in some cases manifest themselves despite the implementation of risk mitigation measures and strategies, and regardless of disciplinary or job loss consequences. As a result, management and human resources teams will need to enhance transparency, communication and consultation processes in particular around enhanced safety measures taken in their workplaces. 

Looking onwards, it can be anticipated that government guidelines discussed and referred to in the previous questions may be subject to future change as the economy gradually reopens. To stay on top of it all, we have provided you with some of the key resources published by government authorities in every Canadian jurisdiction, commencing with the federal jurisdiction, followed by the provinces and territories listed in alphabetical order below.

FEDERAL JURISDICTION
(For private sector employers)

Government of Canada

• Preventing COVID-19 in the workplace: Employers, employees and essential service workers
• Risk-informed decision-making guidelines for workplaces and businesses during the COVID-19 pandemic
• COVID-19: How businesses and employees can stay safe while operating - Canada.ca
• Resources for organizations for mental health in the workplace
• How to safely use a non-medical mask or face covering
• Cleaning and disinfecting public spaces during COVID-19
• Hard-surface disinfectants and hand sanitizers (COVID-19): List of hand sanitizers authorized by Health Canada
• Labour Program and federally regulated workplaces – COVID-19
• Coronavirus disease (COVID-19): Travel restrictions, exemptions and advice
• Federal COVID-19 programs and benefits for individuals and businesses
• Federal orders relating to transportation
• Federal – Current Bills
• Federal Orders-in-Council
• Federal guidance on working remotely

Canadian Centre for Occupational Health and Safety

• COVID-19 guidance documents for various industries

Office of the Commissioner of Official Languages

• Frequency Asked Questions relating to Canada’s official languages

Office of the Privacy Commissioner of Canada

• Privacy and the COVID-19 outbreak

The Public Health Agency of Canada

• Risk-informed decision-making for workplaces/businesses during the COVID-19 pandemic

ALBERTA

Government of Alberta

• COVID-19-related orders and legal instruments
• Alberta Biz Connect;
• Relaunch Guidance Documents by Sector;
• Alberta orders-in-council
• Alberta ministerial orders
• Alberta current bill activity 
• Alberta press releases
• Alberta workplace guidance

Alberta Human Rights Commission

• COVID-19 and Human Rights

Workers’ Compensation Board

• Premium relief for employers
• COVID-19 Employer Fact Sheet

BRITISH COLUMBIA (BC)

Government of British Columbia

• COVID-19-related orders and legal instruments
• BC’s Restart Plan

WorkSafe BC

• COVID-19 information and resources – What employers should do;
• COVID-19 and the workplace;
• COVID-19 frequently asked questions;
• COVID-19: Industry information;
• COVID-19 and returning to safe operation - Phase 2;
• COVID-19 Safety Plan;
• Handling Absences & Other Disruptions;
• Leaves of Absence;
• Quitting, Getting Fired or Laid Off;
• British Columbia Orders-in-Council
• British Columbia Ministerial Orders
• British Columbia current bills
• British Columbia government press releases 

BC Centre for Disease Control/BC Ministry of Health

• BC Centre for Disease Control guidance for businesses
• Protecting Workers at Large Industrial Camps During the COVID-19 Pandemic

Office of the Human Rights Commissioner (British Columbia)

• Message from BC’s Human Rights Commissioner; Frequently Asked Questions

Office of the Information and Privacy Commissioner for British Columbia

• Tips for public bodies and organizations setting up remote workspaces

MANITOBA

Government of Manitoba:

• COVID-19-related orders and legal instruments;
• Restoring Safe Services;
• Workplace Guidance for Business Owners;
• Ensure Safe, Healthy Workplaces;
• Guidance for Industry Sectors
• Manitoba Orders in Council
• Manitoba current bills
• Manitoba press releases

SAFE Work Manitoba

• COVID-19 Resources;
• Right to Refuse

Manitoba Workers’ Compensation Board

• Frequently Asked COVID-19 Questions

NEW BRUNSWICK (NB)

Government of New Brunswick

• COVID-19-related orders and legal instruments
• COVID-19 Guidance for Businesses
• Emergency Leave and COVID-19

WorkSafeNB

• Embracing the New Normal as We Safely Return to Work;
• Frequently Asked Questions – COVID-19;
• COVID-19: Health and safety measures for workplaces;
• COVID-19 Prevention Tool for Workplaces

New Brunswick Human Rights Commission

• FAQ - COVID-19 and the New Brunswick Human Rights Act

NEWFOUNDLAND AND LABRADOR

Government of Newfoundland and Labrador

• COVID-19 related orders and legal instrument
• COVID-19 Guidelines for Employers

Human Rights Commission of Newfoundland and Labrador

• COVID-19 and Human Rights – Best Practices

Office of the Information and Privacy Commissioner

• What to Do and How to Communicate in an Emergency

WorkSafeNL

• Coronavirus Disease (COVID-19)

NORTHWEST TERRITORIES (NWT)

Government of Northwest Territories

• COVID-19-related orders and legal instruments
• Returning to the workplace guidance for businesses;
• GNWT’s Response to COVID-19: Questions and Answers

NWT Human Rights Commission:

• COVID 19 Statement

Workers’ Safety and Compensation Commission and Northwest Territories and Nunavut

• WSCC guidance for Northern workplaces to reopen safely during COVID-19;
• WSCC Service Updates

NOVA SCOTIA

Government of Nova Scotia

• COVID-19-related orders and legal instruments

Worker’s Compensation Board

• COVID-19 resource hub

Office of Information & Privacy Commissioner

• Joint statement by federal, provincial and territorial privacy commissioners regarding the use of contact tracing and similar apps to address covid-19

Nova Scotia Human Rights Commission

• Statement on COVID-19 Pandemic

NUNAVUT

Government of Nunavut

• COVID-19 (Novel Coronavirus); COVID-19 Updates

Workers’ Safety and Compensation Commission and NWT and Nunavut

• WSCC guidance for Northern workplaces to reopen safely during COVID-19;
• WSCC Service Updates

ONTARIO

Government of Ontario

• COVID-19-related orders and legal instruments
• Resources to prevent COVID-19 in the workplace;
• OHRC policy statement on the COVID-19 pandemic;
• COVID-19 and Ontario’s Human Rights Code – Questions and Answers
• Ontario E-Laws and regulations
• Ontario Current Bills
• Ontario Press Releases
• Ministry of Labour Press Releases

Information and Privacy Commissioner of Ontario:

• Impact of COVID-19

Workplace Safety and Insurance Board Ontario

• COVID-19 update

PRINCE EDWARD ISLAND (PEI)

Government of Prince Edward Island

• COVID-19-related orders and legal instruments
• COVID-19 Guidance for Business;
• Employers - COVID-19 Frequently Asked Questions;
• Guide on Social Distancing

Workers’ Compensation Board of PEI

• COVID-19: Workplace Health and Safety Information;
• COVID-19 and Workers Compensation Claims

PEI Human Rights Commission

• PEI Human Rights Commission page

QUEBEC

Gouvernment du Québec

• Measures adopted by Orders in Council and Ministerial Orders in the context of the COVID-19 pandemic
• Resumption of activities further to the COVID-19 slowdown measures
• Questions and answers concerning stores, public spaces and services during the COVID-19 pandemic
• Questions and answers pertaining to employers and workers during the COVID-19 pandemic
• Wearing a mask or a face covering in public settings in the context of the COVID-19 pandemic
• Quebec Orders-in-Council
• Quebec Current Bills
• Quebec Press Releases

Commission des normes, de l'équité, de la santé et de la sécurité du travail (Québec)

• Covid-19 Toolkit
• Questions and answers – Covid-19

Institut national de santé publique (Québec)

• COVID-19: Occupational health

Commission des droits de la personne et des droits de la jeunesse (Québec):

• Droits de la personne et COVID-19

Commission d’accès a l’information du Québec

• COVID-19 : Protection des renseignements personnels et sécurité de l’information

SASKATCHEWAN

Government of Saskatchewan

• COVID-19-related orders and legal instruments
• COVID-19 Information for Businesses and Workers
• Saskatchewan Orders-in-Council
• Saskatchewan Ministerial Orders
• Saskatchewan Current Bills
• Saskatchewan Press Releases

WorkSafe Saskatchewan

• Staying Safe at Work

Saskatchewan Workers’ Compensation Board

• Information for employers on COVID-19

Office of the Saskatchewan Information and Privacy Commissioner

• News Releases;
• Updated Statement from the Office of the Information and Privacy Commissioner of Saskatchewan on COVID-19

YUKON

Government of Yukon

• Plan for lifting Yukon's COVID-19 restrictions;
• Industry-specific information and guidelines for COVID-19;
• Operating businesses, services and events safely during COVID-19

Yukon Workers’ Compensation Health and Safety Board

• COVID-19 Worker and Employer Resources;
• Return to the Workplace;
• Workplace Health and Safety

Yukon Information and Privacy Commissioner

• Information for the public about their rights under Yukon’s access to information and privacy laws during COVID-19
  
  

In Canada, blanket workplace policies that require all employees to be vaccinated – or else  terminated – have generally been found to be an unreasonable use of management’s rule-making authority or otherwise inconsistent with principles of labour law. 

In addition, given the human rights values at stake, case law has held that consenting to a potentially invasive medical treatment, like vaccination, is an inherently profound and personal decision that individuals themselves should ultimately make. 

When it comes to a workplace vaccination policy, depending on the nature of the workplace and in cases of an outbreak or where there is evidence of high risks of transmission in the workplace, a policy that restricts access to the workplace depending on vaccination status may be enforceable in limited and specific circumstances:

• if it is backed up with verifiable facts and convincing evidence (for example, that the vaccine prevents transmission and that existing sanitary measures such as face coverings and social distancing are insufficient);
• it provides for a reasonable, non-disciplinary alternative(s) to vaccination (for example, unpaid leave of absence); and
• it accounts for the rights of employees, including those under human rights and privacy laws. Additional accommodation measures may be necessary.

For more information on this topic, click here for our legal update.

As many employers move towards a hybrid working model, implementing a clear and detailed policy is strongly recommended. Employers will need to consider the following questions:

• Which employees will be impacted? Do any contracts of employment have to be modified?
• Where will remote working be permitted (at home, in public shared workspaces, in or out of the province/country)?
• Who will be responsible for providing the work tools?
• What are the health and safety considerations when working outside the workplace?
• How will the employer manage performance and work hours?
• What type of schedule will be implemented?