In order to attend your neighbourhood gym outside of a condo, you are required to prove you’ve been fully vaccinated. In condoland, things aren’t so clear.
Condos are not explicitly excluded from the applicable regulation relating to proof of vaccination. However, the regulation uses the term “patron” to describe those required to prove vaccination status. Unfortunately, the regulation does not define this term. We have some indication from various sources, including the Ministry of Health, that the regulations “likely” do not apply to condos… not particularly reassuring.
Regardless of whether the regulation applies in a condo setting, implementing vaccination requirements for the use of the amenities is prudent. The risks associated with COVID-19 in “public” facilities by “patrons” are substantially similar to the risks of residents using these facilities in a condo. When creating a policy, consider the type of amenity, location (i.e. indoor vs. outdoor), and capacity, amongst other factors in determining whether the vaccination requirement would apply to that amenity space.
COVID-19 vaccines have been proven to limit or reduce the number of new cases, outbreaks, transmission and severe outcomes or complications, including hospitalizations and death. A vaccination policy which limits the use of amenities to those who are fully vaccinated can assist the corporation in complying with its existing statutory obligations to manage the property, ensure that the property is reasonably safe for residents and service providers, and prevent dangerous conditions.
Toronto’s Medical Officer of Health is “strongly recommending local employers institute a workplace vaccination policy to protect their employees and the public from COVID-19”. In many cases, condo corporations are indeed employers (i.e. where the condo employs any staff directly). In other cases, corporations have third party contractors and service providers who work at the property. In both scenarios, corporations have obligations to take every precaution reasonable in the circumstances for the protection of a worker.
Implementing a vaccination policy that sets out vaccination requirements for all workers at the property can assist in creating a safe workplace and preventing the spread of COVID-19. As noted on the City of Toronto, “the COVID-19 vaccine is the best way to protect your workplace from the risks of COVID-19”.
We encourage condo corporations to discuss implementing vaccination policies in their buildings. We all need to work together to help bring an end to the COVID-19 pandemic.