Businesses ponder proof of vaccination for customers, employees

SAINT JOHN, N.B. -

With mask mandates easing and vaccine passport discussions increasing, business owners are wondering what they're allowed to ask customers coming through their doors.

The Saint John Region Chamber of Commerce says members are seeking clarification about having the ability to request COVID-19 immunization records.

"Businesses are willing to take that step and ask their customers for some kind of proof of vaccination in order to keep their employees safe as well in order to keep a safe environment," says chamber CEO David Duplisea.

Provinces and territories are addressing the questions individually.

The New Brunswick Department of Health says implementing vaccine passport requirements within the province isn't on its agenda at the moment.

Nova Scotia's Department of Health and Wellness says denying a person entry to locations based on their vaccination status isn't allowed.

"We cannot refuse service to people just because we're afraid they are unvaccinated and may have come into contact with the virus," said department spokesperson Marla MacInnis in a written statement Tuesday. "In fact, refusal of service for this reason could result in a complaint under the Human Rights Act. Businesses who decide to refuse service should be aware of the implications of this action."

Quebec's government is weighing options about a implementing a vaccine passport for non-essential services if a fourth-wave of COVID-19 were to develop.

Alberta's government says it will avoid any kind of vaccine passport system within its boundaries.

A survey from the Angus Reid Institute in May found 55 per cent of Canadians were in favour of providing proof of vaccination to enter non-essential locations such as a restaurant or shopping centre.

The federal government says it won't be weighing in on the domestic use of vaccine passports.

"Where the federal government has a role and where we're looking is vaccine certification for international travel," Prime Minister Justin Trudeau said on Tuesday.

The same Angus Reid Institute survey found 79 per cent of Canadians support having a vaccine passport for international travel.

On a similar topic, employers are also asking the Saint John Region Chamber of Commerce for clarification on the immunization of staff.

"Are businesses are allowed to ask their employees to become vaccinated? We're not sure if that's a human rights issue or not," says Duplisea.

Toronto workplace lawyer Daniel Lublin says there hasn't been any legal precedent set in Canada to-date under the context of COVID-19, adding that he expects mandatory vaccination policies to become more common.

"There's no question in my mind that employers can mandate and likely should mandate that vaccines can be mandatory in the workplace, subject to only a couple exceptions," says Lublin. "One being religious beliefs and the other being a disability."