Policy for Mandatory Vaccination: Canada and the Mission Network

Table of contents

• Policy context and scope
  • Policy Statement
  • Authorities for missions and the network abroad
  • Tracking and Privacy
• Chapter 1: Framework for Implementation of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police
  • Context
  • Timeline for implementation and compliance
  • Key considerations
  • Privacy
  • Duty to accommodate (for employees unable to be vaccinated)
  • Partially vaccinated employees
  • Employees unwilling to disclose their vaccination status or who choose not to be fully vaccinated
• Chapter 2: Complementary issues under the authority of the Deputy Minister of Foreign Affairs, not covered by Chapter 1
  • The context of the diplomatic and consular mission network
  • Consequences for non-compliance with this policy
  • Subsequent Compliance with this policy
  • Unable to be vaccinated and accommodation abroad
  • Methodology for LES policy application, mission by mission
  • Mitigation measures abroad
  • If no regular supply and distribution of vaccines, testing, and authorized booster shots for new arrivals/eligible family members and new local hires
  • Children under 12 abroad
  • Certification documentation of fully vaccinated abroad
  • Questions or clarifications
• Annex A: Mandatory vaccines for LES at mission - HOM decision matrix

Policy context and scope

This policy has two chapters which must be read in conjunction with one another.

Chapter 1 is the policy approved by the Treasury Board for the Core Public Administration.  This chapter will apply to all Global Affairs Canada’s (GAC) indeterminate and term employees, casual, student, secondment, volunteers, interchange staff in Canada and GAC employees abroad who are not part of Canada’s diplomatic and consular mission network.

Independent contractors in Canada will be subject to guidance issued by Public Services and Procurement Canada as per their contract terms.

Chapter 2 is the policy approved by the Deputy Minister of Foreign Affairs, addressing those areas specific to her accountability for Canada’s diplomatic and consular mission network.

Chapter 2 applies to:

• all Canada-based staff (including all federal departments, agencies and co-locators, representatives of provincial governments, representatives of foreign governments, Order-in-Council and Governor-in-Council appointees) who form part of the diplomatic and consular mission network,
• locally-engaged staff, diplomatic service bureau personnel, and emergency employees,
• foreign independent contractors who are regularly present at the mission premises,
• temporary duty personnel (federal and provincial) at missions, and
• any other person regularly present at the mission premises. 

Chapter 2 does not apply to:

• ad hoc/periodic visitors to the mission,
• federal and provincial staff abroad who are not part of Canada’s diplomatic and consular mission network,
• foreign independent contractors and Development-Program Field Support Services (FSS) unless co-located or regularly present at a mission premise,
• the personal employees of CBS who work in staff quarters, and
• foreign government staff where the Canadian mission itself is co-located in a shared premise.

The application of Chapter 2 to honourary consuls and their staff is awaiting further clarification.

Requirements for mandatory vaccination for Canada-based and locally engaged staff (Chapter 1 or 2) apply without regard to duty location or work arrangement (e.g. telework, remote work, work outside of the mission premises).

Policy Statement

All persons who fall within the scope of both Chapter 1 and Chapter 2 are required to be fully vaccinated against COVID 19 and maintain that status.

Managers in Canada and Heads of Mission abroad are to ensure compliance with this policy, as per the parameters of their applicable chapters, including the authorization of any exceptions for the unable to be vaccinated. Those persons unable to be vaccinated, so confirmed by their managers in Canada or the Head of Mission according to the requirements of this policy, will be deemed compliant and subject to a rapid-testing program.

The Assistant Deputy Minister of Human Resources will monitor this policy and report on its effectiveness to the Deputy Minister of Foreign Affairs, via the ADM COVID 19 Committee.

Authorities for missions and the network abroad

The Minister of Foreign Affairs has the legislative authority for the administration of the foreign service, coordinating the direction given by the Government of Canada to heads of missions, and the management of diplomatic and consular missions (DFATD Act par. 10 (2) (g, h and i)). As the Minister’s deputy, the Deputy Minister of Foreign Affairs may exercise the powers, functions and duties of the Minister in this regard.

The Deputy Minister of Foreign Affairs employs locally-engaged staff at missions abroad (Locally-Engaged Staff Employment Regulations), and has been delegated authority from Treasury Board with respect to locally-engaged staff terms and conditions, and related policy instruments (TB Policy for staff engaged locally outside Canada, Locally-Engaged Staffs' Terms and Conditions Regulations).

Heads of Mission have the management and direction of their mission and its activities and the supervision of the official activities of the various departments and agencies of the Government of Canada in the country or portion of the country or at the international organization to which they are appointed. (DFATD Act, subsection 15 (2)).

The Memorandum of Understanding on Operations and Support at Missions (April 2021) lays out the requirements for adherence by all federal and provincial organizations that are part of the diplomatic and consular mission network to Government of Canada and GAC directives, norms, policies and standards applicable to missions (Sections 5 and 6) for all staff and dependants at missions.

Governance:

This policy has been recommended by the ADM COVID 19 committee and approved by the Deputy Minister of Foreign Affairs. This policy is expected to be reviewed periodically as the framework for the core public administration and the global environment evolves.

Effective dates:

This policy is effective on 6 October, 2021. Compliance with this policy is mandatory by November 15 2021. Note: the timing of mission network implementation and compliance is subject to the availability at each mission of vaccines and rapid testing kits.

Definitions:

“Fully vaccinated” under Chapter 2 of this policy refers to COVID-19 vaccines approved for emergency or ongoing use by the World Health Organization (WHO).

People are considered fully vaccinated 14 days after they have either:

• Met the definition for fully vaccinated in the jurisdiction in which they currently reside (e.g. CBS posted abroad who have not yet returned to Canada and host government for locally engaged staff).
• Received one additional dose of an mRNA vaccine at least 28 days after a complete or incomplete course/series of a non-Health Canada authorized vaccine (e.g. may be applicable for public servants who were posted abroad who received a non-Health Canada authorized vaccination and have now returned to Canada).
• Received three doses of any COVID-19 vaccine regardless if they are Health Canada authorized vaccines or non-Health Canada authorized vaccines.
• Received both doses of a Health Canada authorized vaccine that requires 2 doses to complete the vaccination series.
• Received 1 dose of a Health Canada authorized vaccine that only requires 1 dose to complete the vaccination series (as of September 16, 2021): Janssen (Johnson & Johnson) COVID-19 vaccine.

Vaccines on the World Health Organizations Emergency Utilization List can be used to meet the definitions of non-Health Canada authorized and fully vaccinated above. https://extranet.who.int/pqweb/sites/default/files/documents/Status_COVID_VAX_19August2021.pdf

Definitions will be adjusted if and as required when the National Advisory Committee on Immunization (NACI) makes any future recommendations. Where a host-government authority has mandated a vaccine that is not WHO listed, inclusion may be considered, based on medical advice to the Deputy Minister of Foreign Affairs or her delegate.

Tracking and Privacy

While protecting the privacy of individuals in accordance with existing privacy frameworks including the Privacy Act, human resource officers, managers in Canada, Heads of Mission and relevant officers at mission shall be made aware of the vaccination status of all persons to whom this policy applies.

Managers in Canada and Heads of Mission (or authorized delegate) shall also review and validate all vaccination attestations and any request for accommodations (see Chapters 1 and 2 for additional guidance on attestation and accommodations).

Given the inability of approx. 80% of persons at missions to use the standard system for the core public administration (GC-VATS) for vaccine attestation/accommodation requests, all persons to whom Chapter 2 applies will be required to attest their vaccination status using a simple cloud-based form developed for that purpose.

While there may be some minor duplication of effort for the approx. 20% abroad who are Canada-based federal staff and who will also have to attest in the GC-VATS designed for the core public administration, this mission-level form will allow Heads of Mission to be provided an integrated report for all persons at their mission to whom Chapter 2 applies.  In time, there may be a way to automatically reconcile the attestation systems and reporting, but that is not possible in the immediate term.

Specific information on the attestation procedure, reporting requirements, attestation by an employee on behalf of other employees without access to the internet, and timelines for attestation and reporting will be sent to missions in due course.

Missions are required to report attestation results to HQ human resources authorities for the purposes of monitoring compliance and to highlight specific cases where there is are follow up actions for exceptions, accommodation or non-compliance.

Chapter 1: Framework for Implementation of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police

Context

The Treasury Board Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police (Policy on Vaccination) became effective on October 06, 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 and is 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 service continues to be guided by the advice of the Public Health Agency of Canada for public health advice and Health Canada’s Public Service Occupational Health Program for occupational health advice.
• One 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 preventive practices related to COVID-19, such as wearing a mask, maintaining physical distance, and frequent handwashing as outlined in the Public Service Occupational Health Program guidance. Vaccination will add a layer of protection that will work with other preventive practices to combat the pandemic.
• All employees, including those on telework and remote work, are expected to remain available to attend on-site, at least occasionally. For example, they may have to attend scheduled meetings or events, access sensitive information, or 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 Interchange Canada participants and volunteers.
• In addition, organizations continue to update their departmental Hazard Prevention Program including adopting any applicable infection prevention and control measures as per Public Service Occupational Health Program guidance, such as preventive practices, administrative measures such as remote working, staggered work shifts, and engineering controls until advised otherwise.

Timeline for implementation and compliance

October 6, 2021 – Effective Date of the Policy on Vaccination

• The Government of Canada Vaccine Attestation Tracking System (GC-VATS) is launched to departments in waves, ending October 15. The GC-VATS allows employees to enter their attestation of vaccination status, and any requests for accommodation.

October 6, 2021 to October 29 – Attestation Period

• Employees enter their vaccination status into the GC-VATS, no later than October 29 (Attestation Deadline).
• Employees unable to be vaccinated begin making accommodation requests. Employees unable to be vaccinated are encouraged to request accommodation no later than October 29, 2021. Managers gather relevant information and render a decision as soon as possible.
• All employees are permitted access to their workplace as per existing departmental procedures, and without testing, but with appropriate preventative measures in place.
• Special situations – 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 October 15, 2021; or
  • 2 weeks after the date on which an employee has been informed of their 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 October 15th to October 29th, the attestation deadline is 2 weeks from the date they have access to each, as determined by their manager, and notwithstanding their leave status.

October 29, 2021 until November 14, 2021

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

November 15, 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 Framework on Mandatory COVID-19 Testing for implementation of the Policy on COVID-19 Vaccination for the Core Public Administration including the Royal Canadian Mounted Police.
• Employees will be placed on administrative leave without pay 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 their employer by providing 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 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 works 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).

Required Training Session

• Employees who are unwilling to disclose their vaccination status or who are 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 help build vaccine confidence, with the goal to increase vaccine uptake in the core public administration.

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 their human resources division 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 public servants 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, 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 Directive on the Duty to Accommodate. The employer has a duty to accommodate individuals’ needs when those needs relate to one 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; and
• Other prohibited grounds under the Canadian Human Rights Act.

Deputy heads are 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; and,
  • 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 manager’s decision with respect to accepting the justification, or not; and
  • 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 Treasury Board of Canada Secretariat guidance. More information on the general process for duty to accommodate is found here.

Deciding if the duty to accommodate applies

• Managers are responsible for:
  • Receiving employees’ request and following the accommodation process and rendering a decision as soon as possible or by the full implementation date. They can seek advice from Human Resources and Labour Relations advisors and refer to organizational guidance and procedures.

Step 1: Requesting accommodation when unable to be fullyvaccinated

• 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 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 their organization’s representative(s) to find one 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 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 (e.g., 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 one or more of the prohibited grounds of discrimination under the Canadian Human Rights Act that renders the employee unable to be fully vaccinated.
• 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 departmental human resources specialists.

Step 3: Making an informed decision

• Managers should decide on a response to the accommodation request at the earliest opportunity or no later than the full implementation date.
• Managers must consult internal subject matter experts or guidance regarding the accommodation measure(s), including any related implications (e.g., security, technology, financial), if required. They will in turn consult as appropriate with OCHRO experts.
• Managers should work with employee representatives when requested by the employees and/or if others are affected by the accommodation decision.
• Managers are required to consider requests for accommodations no matter the date of receipt of such a request.

Implementing accommodation when warranted

When the 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 Directive on Telework.
• Employees will be assigned alternate duties or responsibilities that can be completed through telework supported by a telework agreement as per the Directive on Telework.
• Employees will complete regular mandatory testing as per the Framework on Mandatory COVID-19 Testing for Implementation of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Policebased on guidance from the Health Canada Testing Secretariat, and:
  • Follow all preventive 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

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:

• 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

• Managers 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:
  • Where operationally feasible, employees will perform regular duties or responsibilities through telework supported by a telework agreement as per the Directive on Telework.
  • Employees will be assigned alternate duties or responsibilities that can be completed through telework supported by a telework agreement as per the Directive on Telework.
  • Employees will complete regular mandatory testing as per the Framework on Mandatory COVID-19 Testing for Implementation of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Policebased on guidance from the Health Canada Testing Secretariat, and:
    • Follow all preventive 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 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 (October 6, 2021):

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

• Employees will be advised that:
  • They have until November 15, 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 November 15 (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 November 15 (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 (October 29, 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 (November 15, 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

• 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 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.

Chapter 2: Complementary issues under the authority of the Deputy Minister of Foreign Affairs, not covered by Chapter 1

The context of the diplomatic and consular mission network

Canada’s missions are operationally essential for the management of Canada’s global relationships and services to Canadians, including their physical presence in a host country. During the pandemic, missions have maintained that physical presence at higher levels than most departments in Canada.

Some persons at the mission may be unable to be vaccinated because of age, medical, religious or vaccine supply issues. The stakeholders and visitors with whom the mission has to engage may also be unvaccinated.   The risk environment outside of Canada can change rapidly. Many circumstances we take for granted in Canada, in the context of mission network, are beyond the control of the Government of Canada and the direct support of Canadian medical services.

The risks of COVID 19 and COVID 19 transmission, even for the fully vaccinated, are globally too complex to manage without the full application of a baseline of mandatory vaccination for all persons who are part of the diplomatic and consular mission network.

The ability for the department and provincial health care systems to directly support emergency medical conditions for Canada-based staff and their families abroad is extremely limited, especially in the COVID environment.  Locally engaged staff may not have access to adequate medical support.  Exceptions to universal mandatory vaccination for all persons who are part of the diplomatic and consular mission network abroad, must also be extremely limited – so as to help protect those unable to be vaccinated and to maintain the integrity of our operations abroad.

Because there are so many factors beyond the control of the department, to ensure operational effectiveness, missions are also required to maintain supplementary infection prevention measures (as per health authority guidance) in order to help mitigate risk.

In that context, the broadest possible baseline vaccination regime is necessary for all missions to ensure the health and safety and basic viability of Canada’s operations abroad, given the degree of globalized risk and the speed of change in the pandemic.

The increasing requirements for full vaccination applied by many governments for travelers to board aircraft and other means of public transportation also have an impact on the need for mandatory vaccination.

Consequently, mandatory vaccination forms part of the terms and conditions of employment, where permitted by law and/or as a condition of assignment abroad.  Mandatory vaccination requirements are also subject to the applicable obligations for accommodation for those unable to be vaccinated.

Consequences for non-compliance with this policy

The following are the measures for non-compliance with this policy, subject to the applicable requirements for mandatory training and notifications prescribed in Chapter 1:

• Global Affairs Canada Rotational Canada Based Staff – upon confirmation of non-compliance, the assignment abroad will be changed to the special assignment pool (SAP), resulting in a requirement to return to Canada, whereupon the employee will be subject to the administrative measures outlined in Chapter 1.   Rotationality, the ability and willingness to accept a management-directed assignment anywhere in Canada or abroad, is an existing term and condition of employment.
• Global Affairs Canada Non-Rotational Canada-Based Staff - upon confirmation of non-compliance, the assignment agreement abroad will be terminated, resulting in a requirement to return to Canada in their substantive position, whereupon the employee will be subject to the administrative measures outlined in Chapter 1.
• All other Canada or Foreign Based Staff (federal/provincial/foreign) - upon confirmation of non-compliance, the staff member will no longer be permitted to be a member of the diplomatic or consular mission network, resulting in a requirement to leave the mission.
• Locally Engaged Staff – upon confirmation of non-compliance, the employee will be placed on leave without pay.  If non-compliance becomes indefinite, then additional administrative measures, including termination of employment, may be considered in accordance with existing LES human resources directives.
• Foreign independent contractors including Development Program Field Support Services (FSS) regularly at or co-located at the mission premises- upon confirmation of non-compliance, may have their contracts suspended or terminated as per the terms of the contract.  This action will be determined by the contracting authority.  Contracting authorities will make all efforts to maximize the application of mandatory vaccination to those foreign independent contractors who are regularly present at the mission.  If not-fully vaccinated, access to the mission premises will be restricted to emergency situations, accompanied by appropriate mitigation measures.
• Temporary-duty personnel (federal/provincial/foreign) at missions, and any other person regularly present at the mission premises – upon confirmation of non-compliance, will not be granted travel authority and/or access to the mission premises.

Subsequent Compliance with this policy

• GAC CBS rotational and non-rotational employees who subsequently comply, may become eligible for the next abroad assignment cycle in accordance with existing assignment policy and their respective terms and conditions of employment. 
• All other Canada or Foreign Based Staff (federal/provincial/foreign), who subsequently comply, may be returned to the mission roster upon a request by the relevant headquarter authorities to the Director General for Assignments and Executive Management (HFD), with the concurrence of the Head of Mission. 
  • Such a request may be subject to additional costs, including relocation, which would have normally been covered under the Memorandum of Understanding on Operations and Support at Missions. The Director General Client Relations and Mission Operations (AFD) should be copied on such requests as well as the Director General, Foreign Service Directives (HED) if the staff member is administered by GAC.
• LES who subsequently comply, if their employment status remains valid, may be returned to duty.
• Foreign independent contractors including Development Program Support Units who subsequently comply, may have their contract unsuspended or re-instated as per the existing contract and/or contract policy.
• Temporary duty personnel (federal and provincial) at missions, and any other person regularly present at the mission premises who subsequently comply, may be granted travel authority or access to the mission premises.

Unable to be vaccinated and accommodation abroad

Where medical or religious objections to vaccination have been put forward by a person to seek an exemption from this policy (unable to be vaccinated), Heads of Mission (or delegate) are to ask for the person to provide a written justification for exemption and associated recommendations for accommodations from the employee’s medical professional or religious advisor.  For CBS at mission also subject to attestation in GC-VATS, that application should be used instead for accommodation request details and permissions.

Further guidance on CBS attestation and the Treasury Board policy on accommodation/approval process can be found in Chapter 1 and in the Return to Work policy of Global Affairs Canada.

Under Canadian law, an employer would not have an obligation to accommodate employees who do not have substantiated medical or religious grounds, but who are simply unwilling to be vaccinated.  

The ability for Global Affairs Canada to accommodate a person’s needs at missions may be more limited than the forms of accommodation that could be offered in Canada, based on various factors at a given mission.

For CBS, a change to the assignment resulting in a repatriation back to Canada may then be the appropriate accommodation, if viable alternative mitigations are not possible. 

For an LES, an end to the employment relationship, if no other suitable substantive duties or working arrangements can be found locally, might eventually be appropriate given that they cannot be offered a different assignment nor repatriation.

In all applicable cases, accommodations must be considered.  If not possible, the reasons why accommodation cannot be made must be fully documented before a decision is taken by the relevant authorities as per existing assignment, contracting and employment frameworks. 

Local legal advice on these issues will be sought as per Annex A – methodology for LES policy application, with guidance from the LES Bureau - HLDS. 

For cases involving CBS, please contact the Labour Relations bureau – HWL/HWH.

Methodology for LES policy application, mission by mission

While the default approach will be in almost all case to apply mandatory vaccination for all LES at the mission including the use of state immunity if so required, issues of regular vaccination and testing supply, local legal issues as well as limits to accommodation will guide the practical approach used for each mission in the application of mandatory vaccination for LES.

Heads of Mission are to follow HLDS policy guidance in the application of this methodology, see Annex A below.

Heads of Mission in partnership with HLDS and supported by JUS/JLA will seek local legal advice on the ability of the employer to ask for employee vaccination information, local privacy requirements, employer vaccination mandates, changes to terms and conditions of employment, and administrative/disciplinary measures as a result of non-compliance. This advice along with operational realities will contribute to the risk analysis for guiding the local LES implementation of this policy using the standardized methodology.

Mitigation measures abroad

Health and safety and operational risk mitigation measures, in addition to mandatory vaccination, can include:

• The continued requirement for some or all staff to wear non-medical masks
• The continued requirement to limit close physical interactions, and physical distancing including the use of work outside of the mission premises in combination with other mitigations, where operationally sustainable
• The continued requirement for enhanced cleaning
• The requirement for regular COVID-19 testing (see Chapter 1 guidance)
• The use of leave without pay as an administrative measure in situations where staff is unwilling to disclose their vaccination status, or who chose not to be fully vaccinated with an approved exemption
• The change of assignment/repatriation of staff and/or family members back to Canada
• The deregistration of those associated with the mission with host government authorities
• The reconfiguration of the mission workforce to a level which can be managed safely

If no regular supply and distribution of vaccines, testing, and authorized booster shots for new arrivals/eligible family members and new local hires

If there is no regular supply or a disruption to the distribution of vaccines and rapid testing kits, the application of the mandatory policy to be fully vaccinated at missions may have to be temporarily modified or suspended until a regular supply is secured.

This means managing the exceptional level of risk until the situation can be normalized.  Compliance is still required as quickly as practical.  Mandatory vaccination is at the core of the safety-risk strategy abroad, with other risk-mitigation measures supplemental to a broad baseline of full vaccination.

A delivery frequency of twice or three times per year to missions is being planned, subject to a confirmation of vaccine and test-kit supply.  This means that during the gaps between deliveries, some new hires, new independent contractors or dependants who have reached the qualifying age may not be vaccinated for several months if they rely on a GAC delivery and there is no other stock on hand.

While the solution in many cases will be in-country sources for the vaccine or travel to a neighbouring mission, there will be some outlying missions where vaccines can only be secured via a GAC delivery.

In the situation of no available supply of vaccines, this policy permits up to a six-month period with the corresponding infection prevention measures in place along with evidence that all reasonable efforts are being made to come into full compliance before other consequences for non-compliance will be considered.

In the case of lack of vaccine supply at the mission, maximum infection prevention measures are to be used in combination with enhanced flexibility for work outside of the mission premises.  These mitigations are only meant to be a short-term risk-management solution and are not to be used as a long-term strategy to manage the safety risk. The long term strategy starts with universal network-wide full vaccination.

Children under 12 abroad

Vaccine supply plans from Canada will include children under the age of 12 when vaccines for this age group are approved by Health Canada.

Certification documentation of fully vaccinated abroad

While employee attestations (subject to managerial approval, audit and potential administrative or disciplinary action for false attestations) will initially be accepted as proof of full vaccination status, missions may also require certified documentation from locally engaged staff and foreign independent contractors (e.g. host-government vaccination passport) where it is available.

Personal information collected under this policy will be kept private and shared only as necessary and on a need-to-know basis for the implementation of this policy in accordance with privacy requirements, including the Privacy Act where applicable.

Questions or clarifications

Questions or clarifications related to this policy are to be addressed to HFD, HED and/or HWD for CBS issues, HLD for LES issues and AAO for mission contractor issues.

Annex A: Mandatory vaccines for LES at mission - HOM decision matrix

• Mandatory vaccination policy will apply to LES in all cases unless there are significant and material impacts to Canada’s reputation, unsustainable legal issues or significant operational issues (i.e.: vaccine supply) which practically impedes the implementation of this policy. This matrix is designed to identify those issues and the mitigations required to comply as fully as possible).
• COVID protocols (PPE, regular hand-washing, physical distancing, etc.) are still required in missions on an ongoing basis.