Offices in Ottawa and Perth
(613) 722-1500

CONTACT US (613) 722-1500

Mandatory Vaccination Policies and Condominium Corporations

Mandatory Vaccination Policies and Condominium Corporations

By:

Posted September 9, 2021

From mandatory masks to mandatory lockdowns, few people could have pictured just how far-reaching the implications of the COVID-19 pandemic would be. Most recently, Ontario universities, federal transportation providers and the Canadian government have announced the enforcement of mandatory vaccination, requiring proof of vaccination—or ‘vaccine passports,’ as this practice has colloquially been termed—for students, passengers and employees. While most individuals have given thought to the idea of vaccine passports when accessing public spaces, what are the implications of vaccine passports in one’s home if they live in a condominium complex with shared amenities or communal spaces?

The conversation on mandatory vaccines in condos, while complex, ultimately possesses two dimensions. On the one side are the duties of the condominium corporation in its capacity as a property manager and employer. On the other side are the rights of condominium habitants and employees.

Arguments for mandatory vaccination policies in condominium buildings are anchored in the duty of the condominium corporation to ensure a reasonable level of safety to those who access the premises under the Occupier’s Liability Act. Section 17 of the Condominium Act also requires the condominium corporation to “control, manage, and administer” shared or communal spaces on the premises.  These duties, coupled with the condominium corporation’s power to create and adopt rules regarding safety, welfare, and security, create a robust argument for a vaccine mandate.

However, mandating vaccinations could expose condominium corporations to other duties and liabilities as well. In particular, a mandatory vaccination policy could expose condominium corporations to human rights claims where non-vaccinated habitants are denied occupancy, or where non-vaccinated individuals are denied employment. Further, the condominium corporation could expose itself to claims of breach of privacy, where a habitant or worker is forced to disclose whether they have been vaccinated. There is also the exceptional possibility that a habitant or worker could suffer from serious side effects from the vaccine, which could expose the condominium corporation, once again, to a human rights claim, or to a further risk of a claim for battery given that the policy was at the root of causing an unwanted bodily harm or injury.

In addition to the condominium corporation’s liability, the enforceability of a vaccination policy – especially for residents—may be difficult. Ensuring non-vaccinated residents do not access shared amenities could pose as a logistical nightmare for condominium boards around the province. There may also be a reluctance from residents to comply; COVID-19 restrictions and policies are difficult enough to enforce on individuals, especially in their own homes.

Ontario has now also implemented a framework to make COVID-19 vaccination policies mandatory for high-risk settings including post-secondary institutions, licensed retirement homes, women’s shelters, congregate group homes for adults with developmental disabilities, and licensed children’s residential settings. Currently, many condominium corporations have adopted policies that encourage vaccination for employees. Similarly, most condominium corporations have refrained from implementing policies that bar unvaccinated residents from accessing shared amenities and communal spaces on their premise.

Only time will tell how COVID-19 policies will fan out in condominiums in Ontario. However, considering the spread of the highly transmissible Delta variant, and with schools and other institutions beginning to think about returning to in-person operations, it seems likely that mandatory vaccination policies could be implemented in condominiums sooner rather than later.

This blog post was written by Daniella Sicoli-Zupo, a Partner in the Real Estate team, and Articling Students Sarah Antonious and Chanelle Willard.  Daniella can be reached at 613-369-0378  or at daniella.sicoli-zupo@mannlawyers.com.

More Resources

Blog |
Employment, Labour, and Human Rights, Commercial Litigation

By: 

Posted May 23, 2023

Both in my commercial and employment litigation practice, I encounter Ontario business owners faced with serious charges laid against them under the Provincial Offences Act[...]
Blog |
Family Law

By: 

Posted May 18, 2023

The recent Supreme Court of Canada decision in Anderson v. Anderson, 2023 SCC 13, provides guidance on domestic contracts and the enforceability of an informal[...]
Blog |
Environmental Law

By: 

Posted May 16, 2023

When many people think of contaminated sites, they think of the usual suspects such as industrial properties and gas stations.  They may not think of[...]
Blog |
Business Law

By: 

Posted May 9, 2023

Often business owners reach a point where they are considering the sale of their business either through the sale of shares or the sale of[...]
Blog |
Family Law

By: 

Posted May 2, 2023

Overview of Tort Claims in Family Matters Tort claims can be made in family law matters, so as to prevent a multiplicity of proceedings and[...]
Blog |
Employment, Labour, and Human Rights

By: 

Posted April 25, 2023

In a case that recently was decided from the Court of Appeal of Ontario called Celestini v Shoplogix Inc., 2023 ONCA 131, the Court had[...]

Subscribe to Our Newsletter

"*" indicates required fields

Name*
Consent*
This field is for validation purposes and should be left unchanged.