On April 4, 2022, in Extendicare Lynde Creek Retirement Residence and United Food & Commercial Workers Canada, Local 175, Arbitrator Stephen Raymond upheld a retirement home’s mandatory vaccination policy as a reasonable workplace rule consistent with the collective agreement, the Occupational Health and Safety Act (OHSA) and the Retirement Homes Act, 2010 (RHA). Notably, Arbitrator Raymond made this finding despite the government of Ontario’s and other public health authorities’ recent reduction or elimination of vaccination and other COVID-19-related requirements for staff, contractors, and visitors in retirement homes, long-term care homes, and other facilities and venues (Reductions and Eliminations). It is also notable that Arbitrator Raymond found it reasonable that the policy defines “full immunization/full vaccination” (Full Immunization) as requiring all booster vaccinations Health Canada recommends from time to time and in the future.
Background
The retirement home’s vaccination policy was announced on August 26, 2021, and became effective on October 12, 2021. Subject to any accommodation requirements under the Human Rights Code, the policy requires:
Pursuant to the policy, Full Immunization requires all booster vaccinations Health Canada recommends from time to time and in the future....
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