Business Update: Ontario to Require Proof of Vaccination in Select Settings

As of September 22, 2021, Ontarians will need to be fully vaccinated (two doses plus 14 days) and provide their proof of vaccination along with photo ID to access certain public settings and facilities.

These mandatory requirements would not apply to outdoor settings where the risk of transmission is lower, including patios, with the exception of outdoor nightclub spaces given the risk associated with the setting. This approach focuses on higher-risk indoor public settings where face coverings cannot always be worn and includes:

  • Restaurants and bars (excluding outdoor patios, as well as delivery and takeout);
  • Nightclubs (including outdoor areas of the establishment);
  • Meeting and event spaces, such as banquet halls and conference/convention centres;
  • Facilities used for sports and fitness activities and personal fitness training, such as gyms, fitness and recreational facilities with the exception of youth recreational sport;
  • Sporting events;
  • Casinos, bingo halls and gaming establishments;
  • Concerts, music festivals, theatres and cinemas;
  • Strip clubs, bathhouses and sex clubs;
  • Racing venues (e.g., horse racing).

These requirements will not apply to settings where people receive medical care, food from grocery stores, medical supplies and the like.

Individuals who cannot receive the vaccine due to medical exemptions will be permitted entry with a doctor’s note until recognized medical exemptions can be integrated as part of a digital vaccine certificate. Children who are 11 years of age and younger and unable to be vaccinated will also be exempted from these requirements.
Ontario’s Vaccine Passport System Welcomed for High-Risk Settings, Yet Further Guidance Required

The Ontario Chamber of Commerce and Ottawa Board of Trade support the implementation of a provincial vaccination certificate for high-risk indoor settings that is verifiable, secure, standardized, accessible, and portable, as recommended by Ontario’s Science Table. A well-designed vaccine passport system can help prevent another province-wide lockdown, which would be devastating for businesses and the economy.

There remains an opportunity for the government to provide further guidance to the province’s business community, particularly around workplace vaccination policies for employees. We are concerned that a lack of clear guidance will disproportionately impact small businesses and lead to a patchwork of inconsistent policies across the province. Clarity must be provided around what constitutes accommodation, how the technology can be used for employees, timelines, enforcement, and other considerations.

In the absence of guidance for workplace vaccination policies, we recommend businesses refer to our Vax-Pass Tenets, a proof-of-vaccination framework to support reopening plans for Ontario private sector businesses, developed in consultation with McCarthy Tétrault.

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