Collective Bargaining Agreement
Usually a Collective Agreement does not include provisions that require group employees to provide their personal health information without consenting to collection/use/disclosure of such information and/or submit to medical tests on a regular basis.
Unions exist first and foremost to protect the interests of their members and represent them. Your Union mission statement and objectives could be found in the Union Constitution.
Consider joining one of the Union’s committees to ensure your voice is heard and your interests are represented.
- OSSTF Provincial Committees Application
- ETFO Provincial Committees Application
- OECTA Provincial Committees Application
- AEFO Provincial Committees Application
Here is a DETAILED GUIDE on what your union could do for you and what to do if you feel that your union does not act in good faith as it pertains to your situation
Review your Employer’s Policies and Administrative Procedures.
Review your Union’s Constitution, By-laws, Policies and Procedures.
Tip: Find out when your current Collective Bargaining Agreement expires and read the text of the proposed new Collective Bargaining Agreement carefully to ensure there are no provisions regarding Covid measures and mandates. If there are, consider taking action.
Provincial Acts, Policies, Orders
Ontario Occupational Health and Safety Act
(3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so. R.S.O. 1990, c. O.1, s. 28.
(2) No employer shall seek to gain access, except by an order of the court or other tribunal or in order to comply with another statute, to a health record concerning a worker without the worker’s written consent. R.S.O. 1990, c. O.1, s. 63 (2).
Ontario Health Protection and Promotion Act
Order to provide information
77.6 (1) Subject to subsections (2) and (3), if the Chief Medical Officer of Health is of the opinion, based on reasonable and probable grounds, that there exists an immediate and serious risk to the health of persons anywhere in Ontario, he or she may issue an order directing any health information custodian indicated in the order to supply the Chief Medical Officer of Health or his or her delegate with any information provided for in the order, including personal health information. 2009, c. 33, Sched. 18, s. 12 (6). *Prevails over PHIPA and MFIPP
(2) The Chief Medical Officer of Health may only make an order under subsection (1) if he or she is of the opinion, based on reasonable and probable grounds, that the information is necessary to investigate, eliminate or reduce the immediate and serious risk to the health of any persons, and the information supplied must be no more than is reasonably necessary to prevent, eliminate or reduce the risk to the health of persons anywhere in Ontario. 2009, c. 33, Sched. 18, s. 12 (6).
(5) Despite subsection (1), in the event of a conflict between this section and the Occupational Health and Safety Act or a regulation made under it, the Occupational Health and Safety Act or the regulation made under it prevails. 2007, c. 10, Sched. F, s. 15.
May collect specimens, etc.
77.8 (1) Subject to subsection (2), if the Chief Medical Officer of Health is of the opinion, based on reasonable and probable grounds, that there exists an immediate and serious risk to the health of persons anywhere in Ontario, he or she may, as he or she considers reasonably necessary for the purpose of investigating, eliminating or reducing the risk to the health of persons anywhere in Ontario,
(a) collect previously collected specimens and information respecting the analysis of previously collected specimens; and
(b) order any person to provide previously collected specimens or information respecting the analysis of previously collected specimens to the Chief Medical Officer of Health. 2009, c. 33, Sched. 18, s. 12 (8).
(6) Nothing in this section permits the Chief Medical Officer of Health to compel an individual to provide a bodily sample or submit to tests without the individual’s consent. 2009, c. 33, Sched. 18, s. 12 (8).
Ontario Government Guidance re: Rapid Testing by institutions
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Federal Acts and Orders
Constitution Act: Canadian Charter of Rights and Freedoms
7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
Canadian Bill of Rights
Canadian Bill of Rights Full Text
1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
1(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
2 Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared.