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Bill 12, Mandatory COVID-19 Vaccinations in the Education and Healthcare Sectors Act, 2021

Fraser, John

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Bill 12 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Mandatory COVID-19 Vaccinations in the

Education and Healthcare Sectors Act, 2021 . The Act requires specified

education sector organizations and healthcare sector organizations to require

their employees and other individuals that they retain to provide services to be

fully vaccinated with a COVID-19 vaccine.

Certain

exceptions are provided for, such as where complying with the requirement would

result in a contravention of the Human Rights Code .

In such cases, the education sector organization or healthcare sector

organization must ensure that the individual’s duties do not require direct

contact with specified persons and that the individual undergo training

respecting the benefits and risks of COVID-19 vaccinations.

Non-compliance

with specified provisions of the Act is deemed to be sufficient grounds to make

an order under

section 22 of the Health Protection and

Promotion Act , which may require an education sector organization or a

healthcare sector organization to take specified measures to ensure compliance

with the Act

Bill 12 2021

Act to enact the Mandatory COVID-19 Vaccinations in the Education and Healthcare

Sectors Act, 2021

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Interpretation

this Act,

“COVID-19

vaccine” means a vaccine to protect against COVID-19 that has been approved by

Health Canada; (“vaccin contre la COVID-19”)

“education

sector organization” means,

(

a) a

district school board or school authority, as those terms are defined in the Education Act ,

(

b) a

person who operates a private school within the meaning of the Education Act , and

(

c) a

person who holds a licence issued under the Child Care and

Early Years Act, 2014 ; (“organisme du secteur de l’éducation”)

“healthcare

sector organization” means,

(

a) a

health service provider within the meaning of the Connecting

Care Act, 2019 , and

(

b) an

operator of an ambulance service within the meaning of the Ambulance Act . (“organisme du secteur des soins de santé”)

Obligation

for staff vaccinations

(1) Every

education sector organization and every healthcare sector organization shall require

that each employee of the organization and each individual otherwise retained

by the organization to provide services be fully vaccinated with a COVID-19

vaccine, except as otherwise provided by subsection (2).

Exceptions

(2) An

education sector organization or a healthcare sector organization may employ or

otherwise retain an individual who is not fully vaccinated with a COVID-19

vaccine if,

(

a) the

duties of the individual are such that the fact that the individual is not fully

vaccinated is unlikely to increase the risk of transmission of COVID-19 within

the education sector organization or the healthcare sector organization or an

establishment that it operates; or

(

b) requiring

that the individual be fully vaccinated would result in a contravention of the Human Rights Code in the particular circumstances.

Same

(3) If

requiring that an individual be fully vaccinated with a COVID-19 vaccine would

result in a contravention of the Human Rights Code

in the particular circumstances, an education sector organization or healthcare

sector organization, as the case may be, shall ensure that,

(

a) the

duties of the individual in question do not require direct contact with,

(

i) children

or students, in the case of an education sector organization, or

(ii) patients,

in the case of a healthcare sector organization; and

(

b) the

individual undergo the training prescribed by the regulations made under this

Act respecting the benefits and risks of COVID-19 vaccines.

Redeployment

(4) For

the purposes of subsection (3), an education sector organization or healthcare

sector organization may redeploy employees to other positions within the

organization or assign alternate duties to individuals otherwise retained by

the organization.

Transition

(5) If,

on the day this Act comes into force, an individual who is an employee of an

education sector organization or a healthcare sector organization or who is

otherwise retained by such an organization to provide services has received a

first dose of a COVID-19 vaccine, the individual shall be considered to be

fully vaccinated for the purposes of this section, provided that the individual

is making reasonable efforts to receive a second dose of a COVID-19 vaccine as

soon as reasonably possible.

Order

under the Health Protection and Promotion Act

(1) Non-compliance

with subsection 2 (1) or clause 2 (3) (

a) or (

b) is deemed to be sufficient

grounds for a medical officer of health to make an order under

section 22 of

the Health Protection and Promotion Act .

Same

(2) Without

limiting the generality of subsection 22 (4) of the Health

Protection and Promotion Act , an order made under

section 22 of that Act

based on grounds of non-compliance with subsection 2 (1) or clause 2 (3) (

a) or

(

b) of this Act may require an education sector organization or a healthcare sector

organization to take specified measures to ensure compliance with this Act.

Regulations

The

Lieutenant Governor in Council may make regulations respecting any matter

necessary or advisable to carry out effectively the intent and purpose of this

Act and, without limiting the generality of the foregoing, may make

regulations,

(

a) governing

the training referred to in clause 2 (3) (b);

(

b) governing

the redeployment of employees of education sector organizations and healthcare

sector organizations and the assignment of alternate duties to individuals otherwise

retained by such organizations, as authorized by subsection 2 (4), including setting

out the rights and responsibilities of the organizations and the individuals

and addressing the application of any applicable agreements.

Commencement

This Act comes into force 28 days after it receives Royal Assent.

Short

title

The

short title of this Act is the Mandatory COVID-19

Vaccinations in the Education and Healthcare Sectors Act, 2021 .

Date Bill stage Event Outcome Committee

October 21, 2021

Second Reading

Vote

Lost on division

October 20, 2021

Second Reading

Deferred vote

October 20, 2021

Second Reading

Debated

October 7, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

October 7, 2021

Committee

Second Reading

October 20, 2021

Mr. John Fraser, Mrs. Robin Martin, Mr. Ian Arthur, Mr. Mike Schreiner, Mrs. Belinda C. Karahalios, Mr. Wayne Gates, Mr. Rick Nicholls, Mme France Gélinas, Ms. Mitzie Hunter

Vote deferred.

October 21, 2021

Lost on division.

Committee

Third Reading

Royal Assent

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