Framework for implementation of the policy on COVID-19 vaccination for the Canadian Food Inspection Agency

Context

The Policy on COVID-19 Vaccination for the Canadian Food Inspection Agency (Policy on Vaccination) became effective on November 8, 2021. This framework, intended to complement the Policy on Vaccination, is an evergreen document, and will evolve as science and public health guidance evolve.

As of September 1, 2021, the fourth wave of COVID-19 has started in Canada, driven by the Delta variant. Most cases, hospitalizations, and fatal outcomes are occurring among unvaccinated people. The Delta variant is much more contagious than other SARS-CoV2 viruses that have circulated in Canada. It spreads faster and increases risk of hospitalizations.
SARS-CoV2 is known to be more transmissible in indoor crowded spaces, including workplaces.
The Federal Public Sector continues to be guided by the advice of the Public Health Agency of Canada for public health advice. Health Canada's Public Service Occupational Health Program provides occupational health advice.
1 of the primary objectives of the Policy on Vaccination and this framework is to take every precaution reasonable, in the circumstances, for the protection of the health and safety of employees. Vaccination is a key element in the protection of employees against COVID-19.
While vaccination remains an effective way to prevent the spread of COVID-19, it is not a substitute for following other recommended and widely known preventative practices related to COVID-19. As outlined in the Public Service Occupational Health Program guidance, those include:
- wearing a mask
- maintaining physical distance
- frequent handwashing
Vaccination will add a layer of protection that will work with other preventative practices to combat the pandemic.
All Canadian Food Inspection Agency (CFIA) employees, including those on telework and remote work, are expected to remain available to be present on-site, at least occasionally. They may have to:
- attend scheduled meetings or events
- access sensitive information
- address urgent operational requirements
All employees need to be vaccinated to protect themselves, colleagues, and others from COVID-19.
The principles of this framework will apply to employees on interchange to, and from the CFIA and volunteers.
The CFIA will continue to update its Hazard Prevention Program, including adopting any applicable infection prevention and control measures as per Public Service Occupational Health Program guidance. This could include:
- preventative practices
- administrative measures such as remote working
- staggered work shifts
- engineering controls until advised otherwise.

Timeline for implementation and compliance

November 8, 2021 – effective date of the Policy on Vaccination

The Government of Canada Vaccine Attestation Tracking System (GC-VATS) is launched to departments and agencies in waves. The GC-VATS allows employees to enter their attestation of vaccination status, and any requests for accommodation.

November 8 to November 22, 2021 – attestation period

Employees enter their vaccination status into the GC-VATS, no later than November 22, 2021 (attestation deadline).
Employees unable to be vaccinated begin making accommodation requests. Employees unable to be vaccinated are encouraged to request accommodation no later than November 22, 2021. Delegated managers gather relevant information and render a decision as soon as possible.
All employees are permitted access to their workplace as per existing Agency procedures, and without testing, but with appropriate preventative measures in place.
Special situations and other attestation deadlines (as defined in Appendix A of the Policy on Vaccination):
- 2 weeks after return from leave if the return from leave is after November 8, 2021; or
- 2 weeks after the date on which an employee has been informed of their delegated manager's decision that the duty to accommodate does not apply; or
- for employees who, for reasons related to their current position, are unable to attest to their vaccination status, or do not have access to vaccines for the period extending from November 8 to November 22, 2021, the attestation deadline is 2 weeks from the date they have access to each. This is determined by their manager, and notwithstanding their leave status.

November 22 to December 6, 2021

Unvaccinated employees and employees who have not attested to their vaccination status are required to attend a mandatory training session.
Managers remind employees, in writing, of the consequences of not attesting to their vaccination status, requesting accommodation, or of being unvaccinated.

December 6, 2021 – full implementation date of the Policy on Vaccination, or 2 weeks following the "attestation deadline" as defined in Appendix A of the Policy on Vaccination

Employees who have not attested to having received their first vaccination dose or submitted a request for accommodation are considered unwilling.
Beginning of accommodation measures for employees unable to be vaccinated, including mandatory testing of employees who must report to work on-site. Please refer to the CFIA Framework on Mandatory COVID-19 Testing.
Employees will be placed on administrative leave without pay effective December 7, 2021 if:
- they are unwilling to be vaccinated; or
- they are unwilling to attest to their vaccination status
Employees who have attested to having received a first dose as of the attestation deadline will have a period of up to 10 weeks after the first dose to receive their second dose. If they do not receive their second dose by this time, they will be placed on leave without pay.

Key considerations

Vaccination attestation requirement

All employees will be required to disclose their vaccination status to the Employer. Employees must provide an attestation of their status of vaccination and, if required by the Employer, a proof of immunization in a format that is recognized federally, provincially, or territorially (to be defined by the Employer).
All new hires on or after the effective date of the Policy on Vaccination are required to be fully vaccinated as a condition of employment and attest that they are fully vaccinated. This must be done prior to their starting date unless accommodated due to certified medical contraindications, religion, or other prohibited grounds under the Canadian Human Rights Act.

Leave

In accordance with the Directive on Leave and Special Working Arrangements, employees who require time away from work to get vaccinated, because they cannot schedule the appointment outside of work hours, may request, for each COVID-19 vaccine appointment, up to 3.75 hours for employees who work 7.5 hours per day, as paid time off for "medical and dental appointment" (Code 698)
When an employee experiences a side effect that prevents them from working following vaccination, the sick leave provisions of their collective agreement, or relevant terms and conditions of employment, are to be used to cover absences.
When an employee does not have sick leave credits available, there are provisions for an advance of sick leave credits at the Employer’s discretion; such needs and requests are discussed on a case-by-case basis between the employee and their manager; the provisions of the collective agreements apply.
"Other Leave with Pay (Code 699)", will not be available to employees unwilling to be vaccinated. Please consult the guidance on the use of Other Leave with Pay (699) (available on Government of Canada network only).

Required training session

Employees who are unwilling to disclose their vaccination status or unwilling to be fully vaccinated by the attestation deadline will be required to attend a virtual training session on COVID-19 vaccines.
The training session on COVID-19 vaccination, developed by Public Service Occupational Health Program and available on GCcampus serves to address vaccine hesitancy and helps build vaccine confidence with the goal to increase vaccine uptake in the Federal Public Sector.

Working abroad

Global Affairs Canada has certain responsibilities for employees posted abroad and their dependants.
Employees working abroad should receive a Health Canada approved vaccine. Employees working abroad should consult Human Resources for information on vaccination logistics pertinent to their situation.

Privacy

When collecting personal information for the delivery of this program, institutions are reminded to ensure they respect the following legal and policy requirements:

Direct collection

Section 5 of the Privacy Act requires that wherever possible, personal information should be collected directly from the individual. As such, vaccination status of employees should be collected from the employees themselves and not via provincial or territorial authorities.

Safeguards for uses and disclosures

As per section 6.2.19 and 6.2.20 of the Directive on Privacy Practices, as referenced in the CFIA Privacy Management Framework (available on Government of Canada network only), institutions must identify which positions or functions in the program or activity have a valid reason to access and handle personal information and limit access to and use of, personal information by administrative, technical, and physical means. Measures should be taken for minimal intrusiveness, such as:

ensuring that employees only provide their vaccination status once, to individuals that have a need to know, such as their direct supervisor or a human resources representative
ensuring the personal information collected is not used or disclosed for any consistent uses that are not included in the privacy notice statement on the attestation form
having institutions implement processes such as updating access badges to identify employees who are permitted to access the workplace based on the vaccination criteria

Retention schedules

As per section 4 of the Privacy Regulations, with some exceptions, personal information shall be retained for a period of at least 2 years following the last time it was used for an administrative purpose, such as determining access to the workplace.

Privacy notice statement

As per section 6.2.9 of the Directive on Privacy Practices, a privacy notice is required. It should include the purpose and legal authority of the collection; any uses or disclosures associated; the consequences for refusal; the right to access and correct any personal information collected; and the right to complain to the Privacy Commissioner regarding the handling of the information.

Duty to accommodate (for employees unable to be vaccinated)

Nothing in this framework supersedes the CFIA Workplace Accommodation Policy (available on Government of Canada network only). The Employer has a duty to accommodate individuals' needs when those needs relate to 1 or more of the prohibited grounds of discrimination under the Canadian Human Rights Act, up to the point of undue hardship. In the case of vaccines, this could include:

certified medical contraindications
religion
other prohibited grounds under the Canadian Human Rights Act

The President, CFIA is responsible for:

Ensuring employees are informed of:
- their right to accommodation under the Canadian Human Rights Act
- any required procedures to be followed when seeking accommodation
- the organization's approach to accommodation and privacy obligations to reassure the employees that the workplace will be safe
Ensuring managers are informed about their responsibilities and obligations regarding:
- addressing accommodation needs on a case-by-case basis for the employees who are unable to be fully vaccinated based on a certified medical contraindication, religion, or another prohibited ground of discrimination as defined under the Canadian Human Rights Act
- responding to accommodation requests in the GC-VATS. For employees requesting accommodation with supporting documentation, the GC-VATS will record their manager's receipt of required documentation and the delegated manager's decision with respect to accepting the justification, or not
- the relevant confidentiality and privacy considerations
Accommodating a person's needs in a timely manner, up to the point of undue hardship, in accordance with the Canadian Food Inspection Agency guidance. See more information on the general process for duty to accommodate (available on Government of Canada network only).

Deciding if the duty to accommodate applies

Delegated managers are responsible for:
- Receiving employees' request and following the accommodation process and rendering a decision by the full implementation date or as soon as possible thereafter. They shall seek advice from the Centre of Expertise (Vaccination) ["COE Vaccination"] which includes Duty to Accommodate advisors and refer to organizational guidance and procedures.
- The CFIA has delegated decision making authority on requests for accommodation pursuant to the Policy on Vaccination to Level 2 (Vice-President level), referred to herein as the "delegated manager". Any required accommodation measures will be implemented by the employee's manager and the employee.
- Accommodation requests can only be approved by the Level 2 delegated authority (VP Level) following consultation with the Centre of Expertise (Vaccination) [COE]. Managers must not agree to any accommodations in the GC-VATS application or on any Word document or .pdf form until written approval from their Level 2 delegated authority is provided.

Step 1: Requesting accommodation when unable to be fully vaccinated

Employees should make the request for accommodation and provide supporting documentation to their managers at the earliest opportunity or by the attestation deadline. Prompt requests will enable the delegated managers to make decisions more effectively, so that if it is determined that the duty to accommodate does not apply, employees will be able to comply with the Policy on Vaccination.
Managers provide temporary accommodation for employees while gathering relevant information.

Step 2: Gathering relevant information

Employees are responsible for:
- informing their manager of their need for accommodation based on a certified medical contraindication, religion, or another prohibited ground of discrimination as defined under the Canadian Human Rights Act
- providing their manager with the information necessary to identify appropriate accommodation, including information on relevant limitations and restrictions
- cooperating and collaborating in good faith with the CFIA's representative(s) to provide information required to assist the Employer in assessing their request for accommodation and to find 1 or more means to accommodate such needs
- notifying their manager if their accommodation needs change
- respecting the accommodation requirements and privacy of others

Supporting documentation:

Certified medical contraindications
- For the purpose of the Policy on Vaccination, managers must request documentation, which can be provided using this medical statement form from the employee's treating medical physician or nurse practitioner setting out the grounds for not receiving or for delaying the COVID-19 vaccine.
- The note must specify whether the reason is permanent or time limited. If time limited, the note should indicate how long the limitation is expected to last.
- There are few acceptable medical reasons for delaying or not receiving the COVID-19 vaccination (for example, an allergist/immunologist-confirmed severe allergy or anaphylactic reaction to a previous dose of a COVID-19 vaccine or to any of its components that cannot be mitigated, or a diagnosed episode of myocarditis/pericarditis after receipt of an mRNA vaccine).
Religion:
- Managers should request a sworn attestation (signed before a commissioner for taking affidavits) containing detailed information about the sincerely held religious belief that prohibits full vaccination.
Other prohibited grounds:
- Managers should request an attestation of the details regarding 1 or more of the prohibited grounds of discrimination under the Canadian Human Rights Act that renders the employee unable to be fully vaccinated.
Managers and delegated managers may request additional information and supporting documentation, as may be appropriate, to assess the accommodation request.
Other alternative documentation could be accepted, in consultation with the agency's COE Vaccination.

Step 3: Making an informed decision

Delegated managers, in consultation with the COE Vaccination which includes Duty to Accommodate Advisors, should decide on a response to the accommodation request at the earliest opportunity, or by the full implementation date or as soon as possible thereafter.
Managers must consult internal subject matter experts for guidance regarding the accommodation measure(s), including any related implications (for example, security, technology, financial), if required.
Managers should work with employee representatives when requested by the employees and/or if others are affected by the accommodation decision.
Delegated managers are required to consider requests for accommodations no matter the date of receipt of such a request.

Implementing accommodation when warranted

When the delegated manager decides that the duty to accommodate applies, accommodation must be provided up to the point of undue hardship. Given the public health considerations, the choice of accommodation should also ensure the safety and security of the workplace, along with privacy obligations.

The following are recommended accommodation measures:

Where operationally feasible, employees will perform regular duties or responsibilities through telework supported by a telework agreement as per the CFIA Telework Policy (available on Government of Canada network only).
Employees will be assigned alternate duties or responsibilities that can be completed through telework supported by a telework agreement as per the CFIA Telework Policy.
Employees will complete regular mandatory testing as per the CFIA Framework on Mandatory COVID-19 Testing based on guidance from the Health Canada Testing Secretariat, and:
- follow all preventative practices implemented in the workplace and other preventative practices as recommended by Public Service Occupational Health Program and other organizational requirements
- not perform duty travel, unless essential
Other measures detailed in communication with the employees and documented in the accommodation decision.

Step 4: Implementation

Delegated managers must promptly advise employees of the decision, the rationale for the decision, the accommodation to be provided, if applicable, and the steps that must be taken to implement it. The employee's manager will then work with the employee to implement the accommodation measures following these steps:

Managers should consult with employees regarding the best approach to explaining the accommodation measures, to anyone affected by the measures, if necessary (while respecting privacy considerations).
If a decision has been taken that the duty to accommodate does not apply, then the Policy on Vaccination requirements apply. The date of the decision will be the attestation deadline as defined in Appendix A of the Policy on Vaccination for the purposes of determining the timing of consequences.
Employees wanting to contest the decision would do so using the normal procedures for complaint.

Step 5: Recordkeeping

Delegated managers and the COE Vaccination will document the process, supporting materials provided, the decision (including the accommodation measure, if applicable), and any follow-up actions in accordance with departmental standards and the Privacy Act.
Communication with others should be limited to a need-to-know basis for implementing the accommodation.

Partially vaccinated employees

The Policy on Vaccination and Framework will provide flexibility to employees demonstrating willingness to be vaccinated, and who have taken concrete steps to do so.

Employees who have been identified as unwilling, and have been placed on leave without pay, and subsequently become partially vaccinated, will have their pay reinstated as of the date of their revised attestation.
Partially vaccinated employees must adhere to the timelines for subsequent doses within 10 weeks, as per the Policy on Vaccination. Partially vaccinated employees that do not receive their second dose within those timeframes are considered unwilling, and consequences begin at 10 weeks from the date of their first dose.
For the period during which employees are partially vaccinated, the following temporary measures should be considered by management (in order of priority), to ensure the continued safety of the workplace:
1. Where operationally feasible, employees will perform regular duties or responsibilities through telework supported by a telework agreement as per the CFIA Telework Policy (available on Government of Canada network only).
2. Employees will be assigned alternate duties or responsibilities that can be completed through telework supported by a telework agreement as per the CFIA Telework Policy.
3. Employees will complete regular mandatory testing as per the CFIA Framework on Mandatory COVID-19 Testing based on guidance from the Health Canada Testing Secretariat, and:
  - follow all preventative practices implemented in the workplace and other preventative practices as recommended by Public Service Occupational Health Program and other organizational requirements
  - not perform duty travel, unless essential
4. Other measures detailed in communication with the employees and documented by the manager.

Employees unwilling to disclose their vaccination status or who choose not to be fully vaccinated

Timeline for Compliance

Effective date of the Policy on Vaccination: November 8, 2021.

Step 1: Advise employees of consequences of not meeting the vaccination requirement

Employees will be advised that:
- they have until December 6, 2021 (or 2 weeks following the attestation deadline as defined in Appendix A of the Policy on Vaccination), to comply with the mandatory vaccination requirement or administrative measures will be taken
- if by December 6, 2021 (or 2 weeks following the attestation deadline as defined in Appendix A of the Policy on Vaccination) employees have not had their first vaccine dose, nor submitted their request for accommodation, those employees are considered unwilling, and consequences begin
- if employees have had their first dose by December 6, 2021 (or 2 weeks following the attestation deadline as defined in Appendix A of the Policy on Vaccination) but have NOT received their second dose within the 10 following weeks, employees are considered unwilling, and consequences begin 10 weeks from the date of the first dose

Attestation Deadline (November 22, 2021, or 2 Weeks after the attestation deadline as defined in Appendix A of the Policy on Vaccination):

Step 2: Attestation period

Employees who are unwilling to disclose their vaccination status or who choose not to be fully vaccinated will be required to attend a virtual training session on COVID-19 vaccination within 2 weeks after the attestation deadline.
Ongoing communications with employees, including reminder messages sent to employees asking them to comply with the Policy on Vaccination and warning them of the consequences if non-compliant.

Full Implementation Date of the Policy on Vaccination (December 6, 2021) or 2 weeks following the "attestation deadline" as defined in Appendix A of the Policy on Vaccination:

Step 3: Mandatory Testing for those unable to be vaccinated and who must report to work on-site

Delegated managers decide on requests for accommodation as soon as possible or by the full implementation date.

Step 4: Consequences begin

Employees are placed on leave without pay effective December 7, 2021 and the Employer stops assigning employees hours of work.

The Employer:
- advises employees not to report to work or to not work remotely
- provides employees who have 1 dose as of the attestation deadline a period of up to 10 weeks after the first dose to receive their second dose
  - allows employees to either return to the workplace with mandatory testing, work remotely, or telework once a first dose is received (if they do not receive their second dose within 10 weeks, they will be placed on leave without pay (leave code "LWOP-Other")
Action in pay system (as required): If employees are on leave without pay for a period of 5 days or longer, they will be temporarily struck off strength in the pay system and they will be issued a record of employment.

Language selection

Search