MANDATORY VACCINATION OF TRANSPORTATION SECTOR WORKERS

LOCATION: NATIONAL

Issue/Source: Mandatory vaccination of transportation sector workers

Date: May 05, 2022

Suggested Responses

  • The Government of Canada’s response to the COVID-19 pandemic prioritizes the health and safety of Canadians. We are committed to keeping our transportation sector, including employees and travellers, safe and secure.
  • Transport Canada has taken action in all modes to protect passengers and essential transportation workers while continuing to support the flow of critical goods and services during this unprecedented global crisis. 
  • Vaccination plays an important role in keeping each other and our transportation system safe and secure.
  • Since October 30, 2021, employers in the federally-regulated air, rail and marine transportation sectors have been required to have vaccination policies in place for their employees.
  • The vaccine mandate has helped to protect transportation workers from the impacts of the pandemic by reducing the frequency and severity of the COVID-19 illness.
  • As the pandemic evolves, the Government of Canada will adjust measures based on public health advice.
  • Ensuring a healthy and safe transportation sector remains essential for the recovery of our economy and for restarting the tourism industry.

IF PRESSED

  • As you know, the Government of Canada announced its intention on August 13, 2021, that employees in the federally regulated air, rail and marine transportation sectors would need to be vaccinated. And on October 6, 2021, the Government of Canada announced that this requirement would be effective on October 30, 2021. 
  • Vaccination is one of the most effective tools we have to combat the pandemic and to protect our transportation system.
  • The Government of Canada will continue to engage with key stakeholders to support the implementation of the vaccination requirement.

BACKGROUND INFORMATION

  • Throughout the pandemic, Transport Canada, along with key federal, provincial, territorial partners, and in consultation with industry and unions, has developed guidance documents and tools to help limit the spread and mitigate the impacts of COVID-19 in the transportation sector while keeping transportation gateways open.
  • Since October 30, 2021 employers in the federally regulated air and rail sectors, and since November 1, 2021, in the marine sector, are required to establish vaccination policies for their organizations. Specifically, the vaccination requirement applies to:
    • airlines and airports, and other organizations who have employees who enter restricted areas of airports, such as concession and hospitality workers
    • federally regulated railways, and their rail crew and track employees
    • marine operators with Canadian vessels that operate with 12 or more crew
  • Transport Canada is using its specific regulatory and oversight authorities to ensure that the transportation system and these workplaces are safe through vaccination mandates.
  • Each organization is required to implement a rigorous policy, which must:
    • Include a provision for employee attestation/declaration of their vaccination status;
    • Include a description of consequences for employees who do not comply or who falsify information; and
    • Meet standards consistent with the approach taken by the Government of Canada for the Core Public Administration.
  • Transport Canada is overseeing compliance by means of inspections and enforcement tools—including Administrative Monetary Penalties—using oversight systems in place for each mode.
  • For those who falsify information or otherwise fail to comply, there will be serious consequences. For example:
    • Railway companies could be subjected to compliance actions up to $250,000 per violation, per day, under the Railway Safety Act
    • In the air sector, individuals—either travellers or employees—could be fined up to $5,000 per violation under the Aeronautics Act, and operators could be fined up to $25,000 per violation
    • In the marine sector, employees and travellers could be fined for being non-compliant with the obligation to provide proof of vaccination up to $250,000 per violation, per day, and operators could be fined up to $250,000 per violation, per day, for non-compliance to the Interim Order made pursuant to the Canada Shipping Act, 2001.
  • The Government of Canada continues to make adjustments to its public health measures based on the evolving epidemiological situation, the need to support economic recovery and the need to align with what other countries have implemented.