LOCATION: National
ISSUE/SOURCE: Mandatory vaccination of transportation sector workers
DATE: February 9, 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. That is why we are ensuring travellers and workers in the transportation sector are vaccinated against COVID-19.
- Since October 30, 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 that came into effect in October has helped to protect transportation workers from the impacts of Omicron by reducing the frequency and severity of the COVID-19 illness.
- With vaccination rates at home and around the world increasing, and the epidemiological situation continuing to evolve, it is important that Canada’s border and travel related measures reflect the current global and domestic context.
- As the Omicron wave subsides, 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 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 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.
RESPONSIVE (ON TRUCKERS):
- Since the outset of the pandemic, truckers and other transportation sector workers have played an invaluable role in ensuring that goods and services continue to move.
- Most truckers are vaccinated. The recent protests that we have seen are not representative of the vast majority of the trucking industry who have done their part by rolling up their sleeves, getting vaccinated, and helping to get all of us through the pandemic.
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.
- As of October 30, employers in the federally regulated air and rail sectors, and as of November 1 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.
- Based on reporting since October 30, TC is seeing that employers are policies in place, and they are overwhelmingly opting for company-wide policies creating the broadest coverage possible.
- Regulatory incentives set out in the Interim and Ministerial orders impose a stricter reporting burden on companies that elect to apply the vaccination policy only to their federally regulated employees, as opposed to their full workforces.
- Because the reporting and compliance burden is less onerous, companies have been incented to expand their policies.
Recent Adjustments to Border Requirements:
- As of January 15, 2022, the Government of Canada adjusted the number of exempt cohorts permitted to enter Canada without being fully vaccinated. These foreign nationals are no longer allowed into Canada unless they are fully vaccinated with the full series of a vaccine—or combination of vaccines—accepted by the Government of Canada at least 14 days prior to entering Canada and meet other entry criteria.
- On January 22, the US implemented similar vaccination requirements individuals entering via land for both essential and non-essential reasons. Unvaccinated Canadians, including truck drivers, are prohibited from entering the United States.
- The exempt cohorts who are now required to be vaccinated to enter Canada include:
- Individuals travelling to reunite with family (unless they are under 18 years of age);
- Professional athletes and their support staff, and amateur athletes;
- International students (18 years of age and over);
- Individuals with a valid work permit, including temporary foreign workers outside of agricultural and food processing; and
- Most essential service providers (including truck drivers, emergency service providers and marine researchers).
- The Government continues to make adjustments to its border measures based on the evolving epidemiological situation, the need to support economic recovery and the need to align with what other countries have implemented at the border and with the requirements under the vaccine mandate for domestic travel.