Government of Ontario publishes guidelines for vaccine certificate

Effective September 22, 2021, specified businesses and organizations in Ontario are required to ensure that the patrons who enter their premises provide, at the point of entry, proof of being fully vaccinated against COVID-19 along with proof of identification. Should an individual choose not to share the required information, they will not be permitted to enter those premises that require proof, unless they are otherwise exempted from the requirement.

Section 2.1 of Schedule 1 to Ontario Regulation O. Reg. 364/20: Rules for Areas at Step 3 and at the Roadmap Exit Step (the “Regulation”) enacted under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 sets out the minimum requirements that specified businesses and organizations must follow. It does not preclude businesses and organizations from establishing additional policies and requirements. 

Specified businesses and organizations

Proof of vaccination and identification must be presented before patrons can enter the following areas of a business or organization, unless they qualify for an exemption:

• Indoor areas of meeting and event spaces;
• Indoor and outdoor areas of food or drink establishments with dance facilities, including nightclubs and restoclubs and other similar establishments (excluding delivery and takeout);
• Indoor areas of restaurants, bars, and other food and drink establishments (excluding outdoor areas, delivery and takeout);
• Indoor areas of facilities used for sports and recreational fitness activities (limited exceptions apply);
• Indoor areas of casinos, bingo halls, and other gaming establishments;
• Indoor areas of concert venues, theatres, and cinemas;
• Indoor areas of bathhouses, sex clubs and strip clubs;
• Indoor areas of horse racing tracks, car racing tracks and other similar venues;
• Indoor areas where film and TV productions take place with studio audiences (excluding cast and crew members).

The Rules do not apply to businesses or organizations not listed, including those that provide access to necessary ‎medical care, groceries and basic medical supplies.‎

Exemptions

The following individuals are exempted from the requirements under the Regulation:

• Workers (including delivery, repair, etc.), contractors, students, volunteers, inspectors and others who are entering the premises for work purposes;
• A patron who is entering an indoor area solely for the purpose of: using a washroom, accessing outdoor areas that can only be accessed through indoor routes, making a retail purchase, placing or picking up an order (including placing bets or picking up winnings), paying for an order, purchasing admission, or any activity that may be necessary for the purposes of health and safety;
• Children under the age of 12;
• Patrons under the age of 18 who are entering the indoor premises of a facility used for sports and recreational fitness activities solely for the purpose of actively participating in an organized sport. The exemption does not apply to youth who are spectators at sporting events, or who are using a gym or other area with exercise equipment unless actively participating in organized sport;
• Patrons who are entering the indoor premises of a meeting or event space solely for the purposes of attending a wedding or funeral service, rite or ceremony, but not an associated social gathering;
• Patrons who are entering the indoor premises of a meeting or event space that is located in a place of worship or in a funeral establishment that is operated by a person licensed under the Funeral, Burial and Cremation Services Act, 2002, for the purposes of attending a social gathering associated with a funeral service, rite or ceremony;
• Patrons who provide a written document, completed and supplied by a physician (designated “MD”) or by a registered nurse of the extended class (designated “RN(EC)” or “NP”) stating that the individual is exempt for a medical reason from being fully vaccinated against COVID-19 and the effective time-period for the medical reason. Patrons with medical exemptions must present identification with a written document stating the individual ‎is exempt to the business or organization;
• Additionally, for a limited period of time (on or after September 22, 2021 but before October 13, 2021), individuals may provide the negative result of a COVID-19 antigen test instead of proof of being fully vaccinated, but only for indoor social gatherings associated with weddings and funerals (in meeting and event spaces).

Steps required

Businesses and organizations subject to the Regulation must take the following steps before allowing a patron to enter the premises mentioned above:

1. Match the name and the date of birth of the person listed on the vaccination receipt against the piece of identification (the identification does not have to include a photo).

2. Verify the receipt of either (a) an Ontario receipt issued at the time of vaccination or any format of receipt downloaded from Ontario.ca that shows the holder is fully vaccinated; (b) a receipt signed by an Indigenous Health Provider; or (c) a receipt from another jurisdiction that shows the holder is fully vaccinated against COVID-19.

3. Verify that the receipt shows that the holder is fully vaccinated.

4. Verify the date of administration of the final shot in the series is at least fourteen days prior to the date the patron is seeking access to the premises.

From September 22 to October 22, 2021, all versions of Ontario vaccine receipts (paper copy, email version, prints and downloads of receipt on COVID-19 vaccination provincial portal or provincial vaccine booking line) are acceptable as proof of vaccination. Proof of vaccination will be accepted if the person’s name and date of birth on their identification document matches their name and date of birth on their vaccination receipt.

For Ontario residents, expired Ontario issued identification is acceptable as proof of identification. Visitors from within Canada may provide expired passports but may not provide expired provincial documents. Patrons visiting from outside Canada may not provide expired documents as proof of identification.

Retention of records

Businesses and organizations may not retain any information provided to them by a patron if the information is provided pursuant to a requirement under section 2.1 of Schedule 1 of the Regulation.

Penalties

Failure to comply with the requirements of the Regulation can result in charges under the ROA. Set fine amounts under Part I of the Provincial Offences Act (“POA”) are $750 for individuals and $1,000 for corporations.

Maximum penalties for prosecution under Part I or II of the POA include up to $100,000 in fines and up to one year in jail for individuals; up to $500,000 and up to one year in jail for an individual director or officer of a corporation; and up to $10 million for a corporation.

After October 22, 2021

Ontario will develop and implement an enhanced digital vaccine certificate with a unique QR code and accompanying verification application that will allow individuals to safely verify their vaccination status. The application and enhanced vaccine certificate will be available beginning October 22, 2021. Older versions of the receipt will still be acceptable as proof of vaccination. The guidance will be updated to reflect the new procedures.

For further information, please consult our Coronavirus Resource Centre or contact any of the members of the DLA Piper Canadian Employment and Labour Law Service Group listed here. 

This article provides only general information about legal issues and developments, and is not intended to provide specific legal advice. Please see our disclaimer for more details.