Purpose statement
The COVID-19 pandemic has been an evolving public health issue in Canada. The Town of Oakville (town) continues to monitor guidance from all applicable public health authorities and reserves the right to revise this procedure as determined to be necessary and appropriate.
Health and safety of town staff and the public is a top priority, and as such the town is committed to taking every precaution reasonable under the circumstances. Given the continuing spread of COVID-19 and its variants within Ontario, the compelling data demonstrating a higher incidence of COVID-19 among the unvaccinated population, and the increasing levels of contact between individuals as businesses, services and activities have reopened, it is important for all employees within town facilities to be fully vaccinated in order to protect themselves against serious illness from COVID-19, as well as provide protection to others.
As part of our efforts towards promoting a healthy and safe workplace and community, including but not limited to existing health and safety COVID-19 protocols, and complying with the provincial mandate for proof of vaccination in select settings, contractors performing work indoors at town facilities or whose personnel enter town facilities will be required to verify proof of COVID-19 vaccination status of their employees.
Scope
All contractors shall ensure that all of their personnel, including all personnel of their subcontractors, who will be performing work indoors at, or who will otherwise enter, a Town facility on or after October 31, 2021 are fully vaccinated against COVID-19. This requirement does not apply to personnel of the contractors or subcontractors who only deal remotely with town employees nor does it apply to contractors whose work for the town is performed entirely outside.
For greater certainty, this procedure does not apply to meetings between town staff and contractor personnel, including personnel of subcontractors, that are not conducted in a town facility. A meeting conducted in a trailer provided by a contractor or a subcontractor at a construction site is not considered to be a meeting in a town facility. Where a meeting between town staff and a contractor and/or subcontractors is required, unless the contractor confirms that all employees of the contractor and subcontractors attending the meeting are fully vaccinated, an alternative to meeting in the trailer, such as meeting virtually, outdoors, or at a town facility, shall be found.
Contracts entered into by the town through cooperative purchasing arrangements shall be outside of the scope of this procedure. The town will seek to influence its cooperative purchasing arrangements to adopt a similar approach to vaccination requirements.
Procedure
New Contracts
For contracts within the Scope of this procedure entered into with the Town on or after October 28, 2021, contractors will be required to verify proof of COVID-19 vaccination status of their employees. Contractors will be required to provide to the Town a written attestation on a Town approved form that all of its relevant personnel, including all relevant personnel of its subcontrators, are fully vaccinated. It shall be a fundamental breach of the contract entitling the Town to terminate the contract if such attestation is not provided or is incorrect.
Existing Contracts
For contracts within the Scope of this procedure existing as of October 27, 2021, the town will enter into negotiations with the contractor to amend the agreement with the contractor to include terms similar to those required for New Contracts. The town acknowledges that until an amendment is concluded, this Procedure will not apply to a contract. If the town and the contractor are unsuccessful in negotiating such an amendment, the town may consider applying the existing termination provisions of the contract in the circumstances.
Operational Changes
Where appropriate, the town shall consider operational changes to minimize the need for contractors’ or subcontractors’ employees to enter town facilities. This procedure cannot contemplate every eventuality and the town will be guided by the spirit and intention of the procedure and related policy.
Privacy and Confidentiality
Contractors are required to ensure that vaccination status and all medical information regarding vaccination status or accommodations will be treated with the highest confidentiality and will only be used for the purposes of the COVID-19 Vaccination Policy and Procedure.
Continued Compliance with all Health and Safety Precautions
Unless a legislated or regulatory exemption applies, anyone entering town facilities is expected and required to continue to comply with applicable health and safety measures to reduce the hazard of COVID-19.
Consequences of Non-Compliance
Contractors that do not comply with this procedure may be subject to early termination of their agreement.
Definitions
COVID-19: A virus belonging to a large family called coronavirus which includes the virus that causes the common cold and more severe disease such as Severe Acute Respiratory Syndrome (SARs) and Middle East Respiratory Syndrome (MERS-COV). The virus that causes COVID-19 is a novel coronavirus, named SARS-CoV-2.
COVID-19 Vaccination Status: Identifies if a person is fully vaccinated, partially vaccinated, or unvaccinated for COVID-19.
Fully Vaccinated: Having received (a) the full series of a COVID-19 vaccine authorized by Health Canada or any combination of such vaccines; (b) one or two doses of a COVID-19 vaccine not authorized by Health Canada, followed by one dose of a COVID-19 mRNA vaccine authorized by Health Canada; or (c) three doses of a COVID-19 vaccine not authorized by Health Canada.
If the person received their last dose of a vaccine within the last 14 days, they are considered partially vaccinated until day 14. In the future, this may include any required booster shots.
Partially Vaccinated: Having received a first dose of a COVID-19 vaccine at least 14 days ago. Note: If a person received their first dose of a two dose vaccine or one dose of a single-dose vaccine series within 14 days, they are considered unvaccinated until day 14.
Unvaccinated: Not having received any COVID-19 vaccine; Or is not willing to share their COVID-19 vaccination status with their employer; OR has accommodation.
Responsibilities
Department responsible for the contract
- Ensure the contractor has confirmed compliance with this Procedure, including the provision of any required attestation
Contracted Service Provider
- Verify vaccination status of all employees, including the vaccination status of the employees of their subcontractors, where the employees will work indoors at, or otherwise enter, a town facility