Legal implications for businesses who keep proof of vaccination policy

Ontario will lift proof of vaccination requirements for indoor public settings on March 1.

But the province said businesses may choose to continue requiring proof of vaccination upon entry. 

Ryan O'Connor is a partner with Zayouna Law Firm, and told CityNews 570 there may be legal implications for businesses that wish to maintain enforcement of the vaccine certificate system.

“Any business that wishes to maintain a proof of vaccination policy, after it becomes optional next month, will have to ensure that it's operating in compliance with the Human Rights Code,” said O'Connor.

“Businesses who wish to do this need to be cautious of their legal obligations from a human rights perspective and a privacy perspective.

He said if a patron has a medical, or religious-based exemption, the business will have to consider that and accommodate that person. There are also privacy implications with the collection of personal information.

O'Connor suggested businesses seek legal advice for anything they're uncertain of.

The province has yet to clarify exactly how an optional proof of vaccination system might work. 

“The regulation with respect to the optional use of the vaccination passport has not yet been enacted or released, so it's not yet clear what the language will be,” said O'Connor.

“The government could say 'businesses, do what you want' or there could be very specific language about it, and that does have implications in respect to privacy legislature.”

O'Connor said the messaging from the provincial government remains to be seen, but legal obligations concerning privacy and human rights will still have to be considered by any business, regardless of what the language in the regulation is going to be once it's released.