News

SJPA Mandatory Vaccination Policy

November 23rd, 2021

Click here for a printable PDF Version of the Policy

MANDATORY VACCINATION POLICY – ST. JOHN’S PORT AUTHORITY

1. PURPOSE

The purpose of this Policy is to safeguard the health and well-being of the Port Community by establishing requirements for COVID-19 vaccination. Accordingly, two (full) vaccinations are mandatory for all St. John’s Port Authority (SJPA) employees (whether working remotely due to a COVID-19 outbreak or on SJPA property) as well as for, contractors and visitors on SJPA property. SJPA tenants are expected to implement a similar Policy pertaining to their facilities on lands leased from the SJPA.

The Port Community is encouraged to act with compassion, empathy and understanding when interacting with others, particularly as it relates to this Policy.

2. DEFINITIONS

Exemption: Those in the Port Community who are exempted from the mandatory vaccine requirement are required to complete pre-emptive and symptomatic COVID-19 testing in accordance with an accredited testing program or with other approved alternative health and safety controls.

Employer: The SJPA.

Port Community: (A) employees of the SJPA; (B) tenants of the SJPA; (C) SJPA-retained contractors operating on SJPA property and (D) presenting visitors to SJPA property.

Vaccine or Vaccination: A recognized COVID-19 vaccine intended to provide acquired immunity against severe acute respiratory syndrome coronavirus 2 (SARS‑CoV‑2), the virus that causes coronavirus disease 2019 (COVID‑19). Vaccines recognized by the SJPA are those approved by the World Health Organization (WHO) and/or Health Canada.

NLVax Pass: The Government of Newfoundland and Labrador’s official app for residents to securely store their COVID-19 vaccination record.

Vessel Crew Members: as defined in subsection 3 (1) of the Immigration and Refugee Protection Regulations or a person who enters Canada only to become a member of such a crew.

3. SPECIFIC ROLES & RESPONSIBILITIES FOR THOSE IN THE PORT COMMUNITY

SJPA Employees (whether working remotely due to a COVID-19 outbreak or on SJPA property); on-site contractors and presenting visitors to SJPA property: must, by December 17, 2021, provide proof of full vaccination by way of NLVax Pass or completion of the Vaccine Exemption Request (Appendix “A”); or, alternatively, present an exemption to the vaccination requirement (see next section: “Exemptions”).

Partially vaccinated and completely unvaccinated employees (whether working remotely due to a COVID-19 outbreak or on SJPA property), on-site contractors or presenting visitors (without an exemption) will not be permitted to attend upon any SJPA property; the only exception to this being Vessel Crew Members.

Tenants: Tenants of SJPA property are requested to adhere either to this Policy or their own policies and procedures which are substantially the same as this Policy.

Port Community: All members of the Port Community, while on SJPA property, are required to follow established health and safety controls which may include:

• Daily self-assessment
• The use of masks, as required by the Provinces’ Chief Medical Officer
• The maintenance of physical distancing
• The practice of good hygiene
• The provision of contact information for the purposes of contact tracing
• The adherence to Public Health advice and requirements

4. EXEMPTIONS

Requests for exemptions from the vaccination requirement must be made by submitting a Vaccine Exemption Request (Appendix “A”). Exemptions from vaccination will be considered should they arise as a result of a medical condition or other ground/s protected by the Canadian Human Rights Act. Individuals requesting such exemptions may be required to provide supporting medical or other relevant documentation to the SJPA on request.

Exempt individuals will be required to participate in COVID-19 testing (see next section “Testing”) and will also be required to complete a daily COVID-19 Self-Assessment (Appendix “B”). Individuals who cannot complete COVID-19 testing should discuss this with the SJPA.

5. TESTING

Those in the Port Community requiring testing because they have been granted an exemption are required to take COVID-19 tests (at their own cost) and provide the results to the SJPA prior to being permitted on SJPA property. The frequency of testing is at the discretion of the SJPA but will not be more than once every three days and will be based on epidemiology, availability of testing and level of risk. Testing must be undertaken by trained and accredited individuals. Positive results of a COVID-19 rapid test is considered to be presumptive positive and will be referred to the Public Health Division of the Province’s Department of Health and Community Services for direction and additional testing.

6. CONSEQUENCES FOR CONTRAVENTION OF THIS POLICY OR SUBMITTING FRAUDULENT INFORMATION

Non-compliance with this Policy by any member of the Port Community attending on SJPA property will result in that individual being denied access to SJPA property.

SJPA employees who are not compliant with this Policy or who are found to have submitted fraudulent proof of vaccination, fraudulent documentation supporting an exemption or a fraudulent COVID-19 test result may be subject to discipline (i.e. suspension, unpaid leave of absence, prohibition from access to SJPA property and/or other measures at the SJPA’s discretion) subject to applicable collective agreements and other employment agreement obligations and policies.

7. DURATION, REVIEW AND MODIFICATIONS OF THE POLICY

This Policy is effective as of December 17, 2021, and will apply until revoked. It will be reviewed by the SJPA on a regular basis and, in any event, by no later than September 1, 2022, in order to ensure that the protective measures outlined herein remain appropriate and current with any recommendations made by the Government of Newfoundland and Labrador and/or the Government of Canada.

In the interim, the SJPA has the right to change, modify or revoke this Policy at any time; including the implementation of supplementary policies and procedures.

8. PRIVACY STATEMENT ON THE COLLECTION, RETENTION AND STORAGE OF DATA

The information requested on the Vaccination Exemption Request is created, collected, retained, used, disclosed and disposed of in a manner that respects the provisions of the Privacy Act and other applicable legislation and will be used only for the purpose of ensuring and facilitating compliance with SJPA’s Mandatory Vaccination Policy. Access to this information will be limited to those individuals who require access in order to fulfill that purpose. Vaccination and contact information may be used by and disclosed to third party service providers for the purposes of facilitating exemption requests, testing and aggregate reporting on compliance with this Policy. Personal information will not be disclosed by the SJPA except as authorized by law.

Information collected may also be used to determine whether there has been a breach of this Policy, the manner in which such a breach will be addressed, whether a member of the Port Community will be permitted on SJPA property and to address health and safety concerns on site, including whether additional or enhanced safety protocols are necessary in the event of an outbreak or otherwise.

The information will be retained until December 31, 2022, unless longer retention is required by virtue of Policy review, following which it will be disposed of in accordance with SJPA policies and procedures. In the interim, the information collected will be securely held and retained in accordance with the SJPA’s Information Management policy.

Documents related to this Policy:

COVID-19 Vaccination Exemption Request – Appendix “A”

COVID-19 Daily Self-Assessment Tool – Appendix “B”

Canada Marine Act

Interim Order No. 7 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19); made pursuant to the Canada Shipping Act, 2001.

Privacy Act and Regulations

Canada Human Rights Act

Canada Labour Code
Canada Occupational Health and Safety Regulations

St. John’s Port Authority Policy on Harassment & Violence

Click here for a Vaccination Exemption Request Form.

Click here for a COVID-19 Daily Self-Assessment Form.