KITCHENER – The Region of Waterloo is considering a move to mandate COVID-19 vaccinations or twice weekly testing for its employees.

On Tuesday, the Region of Waterloo Committee of the Whole was updated on the vaccination campaign in the region. The discussion led to some councilors pushing for a vaccine mandate.

“I think we should join the rank of other employers and make vaccination, full vaccination, mandatory as a condition of employment,” said Coun. Sean Strickland.

Councillors heard from Vickie Murray of the Waterloo Region COVID-19 Vaccine Distribution Task Force, who said the vaccination rate has slowed down. Murray expects the 75 per cent target of those fully immunized in the region will be reached within the week but, officials hope to reach 90 per cent immunization to fend off the Delta variant and avoid further lockdowns.

“If we are really going to get out of this, we can try as many innovative measures as we possibly can but, the only way we’re going to get to the 90 per cent threshold is making it mandatory and putting into place a vaccination passport,” said Strickland.

Coun. Jim Erb made a request of staff to return to council with policy guidance in September, regional council directed staff to develop the framework to give guidance to the proper protocols for a safe working environment for employees and the general public who visit its facilities, as employees are expected to return to the office as soon as next month.

Noelle Fletcher, president of CUPE 1883, which represents some 900 indoor workers with the Region of Waterloo, said the union is encouraging its members to get vaccinated, but stopped short a supporting a vaccine mandate.

“I believe vaccine requirements should be determined by medical health professionals and not the employer,” she said in an email.

IS IT LEGAL?

The region employs about 3,500 people and according to Howard Levitt, an employment lawyer with Levitt LLP in Toronto, it has every right to require vaccinations, in most cases.

“If they limit it to employees who work essentially cheek to jowl with other employees, they absolutely can do it,” said Levitt. “If they’re people who are working from home, well they have no legitimate interest in that so, they can’t do it. If they have their own private offices, they can’t do it.”

Levitt said medical or religious exemptions are also legitimate reasons an employee could avoid the shot, but warns against simply getting a doctor’s note to meet the requirements.

According to Levitt, the issue has not been tested in court yet, but he expects that to change soon. He said the legal uncertainty has left employers in a tricky position.

“They’re afraid that someone’s going to come into their workplace, they’re going to get sick from somebody who has COVID already, unbeknownst to the employer, they’re going to turn around and sue the employer, and the employer is going to have to prove it wasn’t negligence,” said Levitt.

The staffing crunch many employers have faced as public health restrictions have loosened and the economy has reopened may also be contributing to hesitancy to implement vaccination mandates.

“Contrary to common believe, it is very, very hard to hire right now. We have effectively a full-employment economy again; they don’t want to risk losing 10 or 20 per cent of their workforce,” said Levitt. “They don’t want upset or bad morale in the workforce from those who are opposed to the policy. They don’t want division between different groups of employees.”

As far as the Region’s proposed policy, in Levitt’s view, those who don’t wish to get vaccinated against or tested for COVID-19, might need to start looking for employment elsewhere.

“Unless they want to lose their job, yes [they need to comply],” said Levitt. “The employer’s been compassionate, because they could’ve said, ‘We’ll fire you if you don’t get vaccinated.’”

VACCINATION PASSPORTS

Some Regional councillors expressed a desire for a vaccine passport or certification system in the province as a way of avoiding further shutdowns.

Premier Doug Ford said his government has no intention of implementing a vaccine passport requirement.

Coun. Tom Galloway feels there is strong support in the community for such a system.

“I just hope the provincial government is hearing all of these voices and to come to their senses in regards to some of these matters,” said Galloway. “It just seems like a no brainer and if we want to avoid another shutdown or lockdown, certainly this is one of the tools in the toolbox to avoid that.”

Dr. Hsiu-Li Wang, Medical Officer of Health for the Region of Waterloo, said the Association of Local Public Health Agencies of Ontario has sent a letter to the Provincial government asking for vaccination certificates or similar policies to be looked at to try and help increase vaccination rates.

COVID-19 CASES ESCALATING

In an update at a council meeting on Tuesday, Dr. Wang said the region is beginning to see COVID-19 cases escalate due to loosening of restrictions. She said the best way to protect residents is for each person to get both vaccines as soon as possible. “We know what we need to do. We need to keep increasing our vaccination rates,” Dr. Wang said.

Dr. Wang said even if fully vaccinated, all residents should avoid closed and crowded spaces. She said residents should wear a mask when indoors and in crowded spaces outdoors.

Coun. Karl Kiefer said he has had residents asking about when kids under 12 years old will be eligible for a vaccine.

Dr. Wang said it will take time to do trials, so it will likely be the end of 2021 or early 2022 when kids under 12 years old will be eligible for vaccines.

Dr. Wang said federal and provincial counterparts are also looking into whether booster shots will be needed.

The region is now calling residents eligible for their second dose to get it as soon as possible. No appointments are needed at any of the vaccine locations. The region said the mobile vaccination bus system is seeing a good turnout at each of its stops.

The region is also developing more strategies to reach out to more residents who aren’t fully vaccinated.

Dr. Wang said provincial and federal groups are looking at whether a third dose will be needed and if so, what population it would apply to.

Coun. Berry Vrbanovic said things like the Kitchener Market or Friday and Saturday nights in Uptown Waterloo would be good opportunities for the vaccination buses to attend.