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Ban on Federal COVID Vaccine Mandates

Full Title: An Act to prevent the imposition by the federal government of vaccination mandates for employment and travel

Summary#

This bill would bar the federal government in Canada from imposing COVID-19 vaccination mandates for federal public servants, for workers through federal regulations, and for passengers on federally regulated air, rail, and marine travel. It amends five federal laws to set these limits in permanent law. It applies only to COVID-19 vaccines.

  • Federal public service could not require COVID-19 vaccination as a condition of employment or penalize employees solely for not being vaccinated (Financial Administration Act amendment).
  • No federal regulation under the Canada Labour Code could require workers in federally regulated sectors to be vaccinated against COVID-19 (Canada Labour Code s.157(2)).
  • Federal measures could not deny boarding of planes, trains, or vessels solely due to lack of COVID-19 vaccination (Aeronautics Act, Railway Safety Act, Canada Shipping Act amendments).
  • The limits are specific to vaccination status; other health measures (e.g., testing, masking) are not addressed.
  • The bill constrains federal actions; it does not change provincial or territorial rules.

What it means for you#

  • Households and travelers: You could not be denied boarding of federally regulated flights, interprovincial trains, or vessels solely because you are not vaccinated against COVID-19, if this bill becomes law (Aeronautics Act limitation after s.4.74; Railway Safety Act limitation after s.47.2; Canada Shipping Act s.120(1.1), s.136(1.1)). Other requirements, such as testing or masking, could still apply under other authorities because the bill only bars rules based solely on vaccination status.

  • Federal public servants: The Treasury Board could not make COVID-19 vaccination a condition of employment. It could not terminate you, suspend you, or reduce your pay solely because you are not vaccinated against COVID-19 (Financial Administration Act s.11.1(2)(a.1)).

  • Workers in federally regulated sectors (e.g., banks, airlines, telecom, interprovincial transport): No regulation under the Canada Labour Code could require you to get a COVID-19 vaccine as a term of employment (Canada Labour Code s.157(2)). The bill does not address policies made by individual employers outside of federal regulations.

  • Transport operators and federally regulated businesses: You could not rely on federal regulations or orders to require passenger COVID-19 vaccination as a condition to board. Federal regulators would be barred from issuing such measures (Aeronautics Act, Railway Safety Act, Canada Shipping Act limitations). For workplaces, the federal government could not use Labour Code regulations to impose COVID-19 vaccination on your employees (Canada Labour Code s.157(2)). The bill does not state rules for your own internal policies.

  • Provinces, territories, and local governments: No direct change. The bill does not limit provincial or territorial laws or policies. It only restricts federal instruments.

Expenses#

Estimated net cost: Data unavailable.

  • Appropriations in bill text: None identified (Bill text).
  • Administrative or implementation costs to revise policies and regulations: Data unavailable.
  • Enforcement costs or savings: Data unavailable.
  • Revenue effects: Data unavailable.

Proponents' View#

  • Protects federal employees from job loss or pay penalties based solely on COVID-19 vaccination status by limiting Treasury Board powers (Financial Administration Act s.11.1(2)(a.1)).
  • Ensures access to federally regulated travel regardless of COVID-19 vaccination status by banning federal rules that deny boarding on that single ground (Aeronautics Act limitation after s.4.74; Railway Safety Act limitation after s.47.2; Canada Shipping Act s.120(1.1), s.136(1.1)).
  • Prevents future federal regulations that would require COVID-19 vaccination for workers in federally regulated sectors, giving certainty to employees and employers (Canada Labour Code s.157(2)).
  • Targets only COVID-19 vaccination status and only “solely” on that ground, leaving room for other health measures like testing if needed (transport and workplace limitation clauses).
  • Puts limits into statute rather than temporary orders, creating a clear, lasting rule for future emergencies (Bill structure and permanent amendments).

Opponents' View#

  • Reduces federal flexibility to respond to future COVID-19 waves by removing vaccination requirements as a tool in transport and workplaces, even if conditions worsen (Aeronautics/Railway/Shipping limitations; Canada Labour Code s.157(2)).
  • May increase exposure risk for passengers and workers by barring vaccination-based access rules; this assumes vaccines reduce transmission and severe outcomes in settings covered by the bill (Assumption noted; bill text does not address alternative controls).
  • Could hinder occupational health and safety strategies in federally regulated sectors if regulators cannot use vaccination requirements as one control measure (Canada Labour Code s.157(2)).
  • Creates uneven rules across jurisdictions, since provinces or private entities may still set their own policies, leading to confusion for workers and travelers (Scope limited to federal instruments).
  • Implementation risk: regulators may need to amend or repeal any existing federal instruments that rely on vaccination status; the bill provides no timelines or resources for this transition (Data unavailable).
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Votes

Vote 89156

Division 434 · Negatived · October 25, 2023

For (35%)
Against (63%)
Paired (2%)