On August 23, 2021, the BC Government announced that by order of the Public Health Officer, effective September 13, 2021, British Columbians aged 12 years and older must provide proof of vaccination to access certain social, recreational, and other “discretionary” activities throughout the province, such as:
- Indoor ticketed concerts, theatre, dance, symphony and sporting events
- Indoor and outdoor dining at restaurants, pubs and bars
- Nightclubs and casinos
- Movie theatres
- Gyms, pools and recreation facilities
- Indoor high intensity group exercise
- Indoor organized gatherings like weddings, parties, conferences, meetings and workshops, and
- Indoor organized group recreational classes and activities like pottery and art.
As of September 13, one dose of the vaccine will be required for entry to the above activities and events. By October 24, only those who have been fully vaccinated for at least seven days will be permitted access to those settings. See the BC Government’s news release here.
There will be no exceptions other than for children under 12, even for religious or medical reasons. The rationale is that the rules are temporary and only apply to non-essential activities. Children who are under 12 will be able to attend sporting events or go to a restaurant if their parents or the adults they are with are fully vaccinated.
Retail shops, groceries, and essential services are expressly exempt from the vaccine card. Youth recreational sports, K to 12 school, and before and after school programs are also exempt. The vaccine card requirements will apply to post-secondary on-campus student housing, and post-secondary students must be partially vaccinated by September 7.
As of right now, workplaces are not covered by the new rules.
As the first line of enforcement, affected events, businesses and services will need to ask patrons for proof of vaccination, much like bars and restaurants have to ask for proof of age before serving liquor. Bylaw enforcement officers and environmental health officers will be tasked with enforcement. People and businesses can be issued a violation ticket which carries a fine for non-compliance.
People visiting from outside of British Columbia will also be required to show proof of vaccination. People from other Canadian provinces or territories must show a provincially/territorially officially recognized vaccine record and valid government ID from the same province or territory. International visitors must show the proof of vaccination they used to enter Canada and a passport.
Proof of vaccination for BC residents will be through a vaccine card that individuals can access on a secure weblink, which will be provided before September 13, or by phoning and requesting a hard copy. The vaccine card can be saved to a smartphone to show proof when accessing events, services and businesses. A secure paper option will also be available by September 13. To access the BC vaccine card, individuals will need to provide: their name, date of birth, and Personal Health Number (PHN). To prepare for September 13, the BC Government suggests British Columbians view and confirm their immunization records and register for Health Gateway. For more details, see the BC Government’s website concerning Proof of Vaccination.
While there may be some privacy concerns, the BC Government noted that officials have been working with BC Information and Privacy Commissioner Michael McEvoy and his staff to create technology specifically for the purpose of verifying immunization records.
The new measures will be in place until at least January 31, 2022. The vaccine card is expected to be a temporary measure, but when it ends depends on the state of the pandemic overall.
BC is only the second province to introduce the vaccine card or “passport”, after Quebec, whose system is expected to become effective September 1.
The Government of Canada is also working with the provinces and territories to develop a COVID-19 vaccine passport for international travel. This document should be ready by the “early fall” and will also be digital with a paper option. The passport will include data on the type of vaccines received, the dates and the location they were given.
Takeaways
From a labour and employment perspective, affected businesses charged with enforcing the new vaccine card will likely incur administrative and personnel costs associated with compliance. Employers will need to establish strong policies and procedures for staff to understand how to enforce the verification of vaccination status. In addition, with evidence of vaccination status information readily available, employers may be tempted to ask their employees to show their vaccine cards at work. This raises a host of privacy and human rights related issues, and businesses contemplating this course of action are strongly encouraged to consult counsel. If you have any questions, please contact the authors or any member of our Labour, Employment and Human Rights team for guidance.
Stay tuned for future updates as more information becomes available.
