We’ve compiled frequently asked questions to provide AJC members with as much information and AJC union advice as possible on the mandatory vaccination policy in the workplace. If you have any other questions or concerns about COVID-19 and the government’s vaccination policy and your rights as a unionized employee, please reach out to your regional Governing Council representative.
Employees are being asked to fill out an attestation of vaccination form through GC-VATS, a web platform within the Treasury Board of Canada Secretariat Application Portal (TAP).
GC-VATS will centrally store the attestations and provide access to aggregated data to the Treasury Board of Canada Secretariat, in compliance with the Privacy Act and the security requirements. Similarly, deputy heads and departmental Heads of Human Resources will have access to departmental-level aggregated data.
AJC members must provide truthful information. Failure to do so could constitute a breach of the Values and Ethics Code for the Public Sector and may result in disciplinary action, up to and including dismissal.
Members who are unable[1] to be vaccinated must advise 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 or the grounds set out in our collective agreement, including creed (which is not covered under the CHRA) at the earliest opportunity or by the attestation deadline, if possible. Evidence in support of the ground relied upon for the purposes of the accommodation request will be required.
AJC members who are unwilling[2] to be fully vaccinated or to disclose their vaccination status, will be required to attend an online training session on COVID-19 vaccination within two weeks of the attestation deadline. Two weeks after the attestation deadline, the Employer will restrict their access to the workplace, off-site visits, business travel and conferences and the member may also be placed on administrative Leave Without Pay.
[1] For the purpose of this policy “employees unable to be fully vaccinated” means employees that cannot be fully vaccinated due to a certified medical contraindication, religion, or any other prohibited ground of discrimination as defined in the Canadian Human Rights Act
[2] For the purpose of this policy “employees unwilling to be fully vaccinated” means employees refusing to disclose their vaccination status (whether they are fully vaccinated or not), employees for whom accommodations for a certified medical contraindication, religion, or another prohibited ground of discrimination is not granted and where the employees are still unwilling to be vaccinated, and employees who have attested that they are unvaccinated.
Information regarding the impact LWOP has on your pay, benefits and group insurances can be obtained from your compensation advisor. You may also wish to explore the list of other things to consider when on LWOP here: https://www.tpsgc-pwgsc.gc.ca/remuneration-compensation/services-pension-services/pension/info/ticnp-lwpip-eng.html
Partially vaccinated employees will be placed on Leave Without Pay if they have not received their second dose by 10 weeks after their first dose. Partially vaccinated employees may be subject to temporary measures, such as teleworking or testing, for the period of time for which they remain partially vaccinated. Please note that 699 Leave or “Other Leave With Pay”, is not available for employees unwilling[1] to be fully vaccinated or unwilling to disclose their vaccination status.
[1] For the purpose of this policy “employees unwilling to be fully vaccinated” means employees refusing to disclose their vaccination status (whether they are fully vaccinated or not), employees for whom accommodations for a certified medical contraindication, religion, or another prohibited ground of discrimination is not granted and where the employees are still unwilling to be vaccinated, and employees who have attested that they are unvaccinated.
Yes, employees who have been placed on Leave Without Pay and who become partially vaccinated will resume work and have their pay reinstated. However, some should plan for delays in the treatment of their pay file.
The Employer has a duty to accommodate AJC members 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 or under our collective agreement, which could also include those who are partially vaccinated.
If an employee is protected by one of these listed grounds, the employer must work with the employee to identify possible accommodations, which may include mandatory testing.
We don’t know. This is one of many questions that we will be putting forward to Treasury Board.
Yes, the form requesting accommodation provides for temporary accommodation requests. We encourage all members with medical conditions to consult their medical practitioner in the event they have concerns regarding vaccination.
So far, the National Advisory Committee on Immunization (NACI), the advisory body that provides recommendations on vaccination in Canada, has not recommended booster shots for Canadians.
Members require AJC support to file an individual grievance on all matters relating to the application or interpretation of the collective agreement (s. 208 (4) of the FPSLRA). However, members can file an individual complaint with the Office of the Privacy Commissioner without the AJC’s support.
Members are encouraged to review the Joint Statement by Federal Provincial and Territorial Privacy Commissioners on Covid-19 Passports. As well, members can visit the offices of the information commissioner’s website for its guidance on exemptions from disclosure in regards to privacy and personal information.
In a recent decision, the Federal Court of Appeal provided clarification on the interpretation of section 4 of the Privacy Act and confirms the expression “relates directly to an operating program or activity of the institution” does not, “clearly mean “necessary” and that it would have been easy for Parliament to incorporate this stricter burden if it wished to do so”.
The Treasury Board issued a memo clarifying that ESDC is recommending how to treat record of employment (ROE) coding in relation to failures to comply with the employer’s mandatory vaccination policy.
The AJC takes exception to this coding and intends to challenge the Treasury Board’s approach on the basis that this is inconsistent with their policy. We are currently reviewing our options but will keep you informed of the actions we take to have this clarified and/or corrected.