This blog was published on October 25, 2021, the currency of the information provided in this post may change so please confirm with local health authorities (Nova Scotia Health Authority).

On October 6th Premier Houston announced that all Nova Scotia Public Servants must be vaccinated by November 30th. Premier Houston followed this announcement by urging private businesses to create their own vaccine mandates.

After these recent announcements on vaccine mandates you may wonder if your business needs a vaccine policy. All businesses are different and there is no “one size fits all” policy that works for every business. 

What is a vaccine policy?

A policy is a collection of guidelines and rules that your employees are expected to follow. These rules can be about anything from what your employees wear while working, to how your business responds to an emergency. A vaccine policy will determine what vaccination status you expect from your employees.

A vaccination policy, should tailor your expectations to meet the needs of your business. On one end of the scale, you can encourage vaccination without any disciplinary consequences for being unvaccinated the other end would be a vaccination “mandate” or order, requiring compliance or failing that, termination. 

Between these two extremes you could encourage vaccination, but create a mandatory testing schedule for unvaccinated employees. Recently Dalhousie University enacted a policy that required proof of vaccination. However, if proof was not provided, it allowed twice a week Covid testing as a substitute.

What should I consider when deciding on a policy?

The first step is to conduct a risk analysis. Consider questions like these.

• Does your business directly interact with the public?

• Do your employees frequently interact with vulnerable persons? (elderly, children, immunocompromised)

• Do your employees all share an open-concept office space?

• Do your employees work alone or in a small group?

• Do you require employees to attend group meetings or events?

• Do your employees have to travel for work?

• Are you employees subject to vaccination policies at job sites they have to attend?

• Are your employees’ members of a union?

The higher the risk of exposure/transmission of Covid, the more justification you have for a restrictive policy (i.e., requiring rather than suggesting vaccination)

How can my employees prove their vaccination status?

There are multiple options available. You can ask your employees for their affirmation (solemn promise) that they are vaccinated or you can require that they show proof of vaccination. Regardless, you will need to consider how to store this information, in particular you’ll need to decide whether to keep a copy of their proof of vaccination on file.

Because this is sensitive, private medical information, you ought not to be keeping it on file unless you have a valid reason for doing so. Any information of this sort must also comply with Nova Scotia Privacy Laws (e.g., Employees must be told how long this information will be retained and who can access it.)

Can there be exceptions to my policy?

Even the most restrictive vaccine policy will still need to allow some exceptions.

Some people may not be able to receive a Covid vaccination. Others may choose not to. The only currently accepted exemptions for vaccination relate to either a medical condition or a religious belief. Similar to any other exemption under the Human Rights Act, accommodation of an employee’s assertion that they have an exemption without any proof is not enough to require an exemption.

 For medical exemptions, the Province of Nova Scotia provides a helpful list of the only valid medical conditions that can be granted a vaccination exemption. These exemptions require the individual to meet the necessary medical criteria, then be granted an exemption from a nurse practitioner or doctor.

Religious exemptions require a sincerely held belief that a doctrine or creed is in direct conflict with Covid 19 vaccination.  Proof for this exemption could take the form of a letter from a spiritual leader and a copy of the direct religious text that conflicts with vaccination.

If an exemption is granted your business has a duty under the Nova Scotia Human Rights Act to accommodate the employee, to the point of undue hardship.

Remember, a policy does not need to be long or filled with legal jargon to be valid. It just needs to state your business expectations and/or requirements of its employee’s or clients.

Remember to check the Nova Scotia Health Authority website for updates regarding Nova Scotia’s response to the Covid-19 virus. 

 By: Hartwell W. Millett, Article Clerk

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers