Quebec Issues Order Requiring COVID-19 Vaccines and Testing

On April 9, 2021, Quebec became the first province in Canada to mandate testing and vaccination for front line workers.

The Quebec ministre de la Santé et des Services sociaux/Minister of Health and Social Services issued an order requiring employees to either present proof of vaccination or to have no fewer than three screening tests per week and provide the results to their employer.

The order applies to salaried persons who are not administrative employees working in certain workplaces:

  • intensive care units, except psychiatric intensive care units;
  • clinics specific to COVID-19, including screening, evaluation and vaccination clinics;
  • units identified by an institution as reserved for persons with a positive COVID-19 diagnosis;
  • residential and long-term care centres;
  • other residential units; or
  • pneumology units.

The order also amends the national and local provisions of collective agreements applicable in the health and social services network and the employment conditions of non-unionized salaried personnel.

Unvaccinated employees and employees who refuse or neglect to have a mandatory screening test must be reassigned to duties within their job title in another area where possible. Employees who refuse reassignment or who cannot be reassigned will receive no remuneration. They can rejoin the workplace once they provide a negative COVID-19 screening test or proof of a vaccine.  Vaccinated employees must also be tested for the first 14 days after their initial vaccine dose.

Employees who have contracted COVID-19 are not required to have a screening test for 90 days after their first symptom or positive test.

 

The article in this update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hunter Liberatore Law LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hunter Liberatore Law LLP. ©

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