It's now mandatory for long-term care homes to have COVID-19 vaccine policies

The Ontario government said it is mandating that long-term care (LTC) homes should have COVID-19 immunization policies for staff and to set out the minimum requirements that need to be included in these policies.

The announcement was made late last month by Long-Term Care Minister Merrilee Fulleton, who said the success of vaccinations in LTC homes so far is an example to be followed.

“Widespread vaccination within long-term care homes is the best way to protect residents, staff and their families,” said Fullerton. “We want to build on the success of our long-term care vaccination campaign to date. That’s why we’re leading the way with new measures to promote full immunization among long-term care staff.”

In accordance with the new policies, staff members will be asked to do one of the following actions:

Provide proof of vaccination of each dose;

Provide a documented medical reason for not being vaccinated; or

Participate in an educational program about the benefits of vaccination and the risks of not being vaccinated.

The news release said long-term care homes must have their COVID-19 staff immunization policies fully implemented by July 1.

There does not appear to be any hard legal requirement to be vaccinated other than relying on education of staff members that "will be helpful to correct misinformation and alleviate their concerns," said a statement from the Ontario Long-Term Care Association.

There is legal precedent in Ontario with respect to mandating vaccines for employees. The case -- St. Peter’s Health System v. CUPE, Local 778 (February 7, 2002) -- an Ontario arbitration decision going back nearly 20 years resolved the matter, giving an employee right to choose or refuse. 

The government news release said the province will help homes establish their COVID-19 staff immunization policies by identifying resources they can use or build on to inform workers about the benefits of vaccination. 

Also, as of May 30, it is estimated that, across Ontario, 97 per cent of long-term care residents are fully immunized and more than 89 per cent of staff have received at least their first dose, with approximately 66 per cent fully immunized.

It is one of the reasons why Ontario modified the restrictions one month ago to help homes safely resume communal dining and social activities, with precautions, to help improve residents’ quality of life while keeping homes safe. 

The precautions are based on long-term care homes’ immunization coverage rates in both residents and staff, said the news release. 

The new policy was endorsed by Samantha Peck, executive director of Family Councils Ontario. 

"Family Councils Ontario is pleased by the announcement of Ontario's new long-term care home staff member vaccination policy. This policy, the first of its kind in Canada and developed with input from operators, residents and family caregivers, enables the greatest possible vaccination uptake by home staff while ensuring that those who cannot receive a vaccine for medical reasons are respected. Today's announcement helps put at ease and shows respect for the families of Ontario's long-term care home residents who have been concerned about unvaccinated staff providing care to their loved ones and potentially putting them at risk for COVID-19 infection," said Peck.

A similar endorsement was offered by the Ontario Long Term Care Association. 

"The vast majority of long-term care staff have embraced vaccination to protect their residents. For those without medical issues who are still reluctant, a mandatory education program will be helpful to correct misinformation and alleviate their concerns."