Carscallen Blog

City of Calgary Bylaw: New Vaccine Passport for Businesses

Posted by Carscallen LLP on Sep 24, 2021 1:56:09 PM

Written by Suzanne M. Porteous and Catherine A. Crang, Q.C.

The City of Calgary passed a new vaccine passport bylaw effective yesterday, Thursday September 23, for many Calgary businesses. City of Calgary Vaccine Passport Bylaw 65M2021 (“Vaccine Passport Bylaw”) will require businesses, entities and events in Calgary to require: (1) proof of vaccination; (2) a recent negative COVID-19 test; or (3) a valid medical exemption letter (collectively, “proof of vaccination”) for patrons and customers to gain entry to such businesses, entities and events.

Businesses, entities and events required to check for proof of vaccination under the Vaccine Passport Bylaw include:

  • Restaurants;
  • Nightclubs;
  • Casinos, Bingo Halls, VLT Lounges;
  • Entertainment and recreation centres, such as bowling, racing entertainment, arcades, billiards halls, other similar entertainment;
  • Museums, art galleries;
  • Movie theatres;
  • Conferences, meeting spaces, halls, and rented spaces;
  • Weddings and funerals held in public facilities where the facility maintains responsibility for adherence to these requirements;
  • Professional sporting or other performance events (spectators);
  • Private social events held in public facilities where the facility maintains responsibility for adherence to these requirements;
  • Recreation and fitness facilities; and
  • Adult and youth (12-17) recreational sport groups (players and participants).
Exemptions 

Businesses and services that are not required to check for proof of vaccination under the Vaccine Passport Bylaw include:

  • Events in private dwellings;
  • Takeout orders, curbside pickup and food trucks;
  • Retail and shopping malls;
  • Food courts;
  • Libraries;
  • Workers and employees in/on a worksite for the purposes of their employment;
  • Schools (Kindergarten to Grade 12);
  • School curriculum-based activities;
  • Accommodations (e.g., hotel rooms);
  • Places of Worship – for faith services;
  • Health Services;
  • Personal Services;
  • Wellness Services;
  • Publicly-funded post secondary institutions, including cafeterias and residence common areas; and
  • First Nations College entities.

Children under 12, who are not yet eligible to receive COVID vaccines, will also be exempt from the Vaccine Passport Bylaw.

Businesses Must Display Signs

Business operators required to check for proof of vaccination must display messaging in public entryways of their business. A pre-made sign can be downloaded at the City of Calgary website here.

Fines for Non-Compliance

Failure by businesses to display the required sign will result in a $200 fine. Customers that fail to comply with the Vaccine Passport Bylaw (who do not provide proof of vaccination) will be fined $500. Permitting someone to enter or remain inside a business or facility without complying with the bylaw carries a fine of $500.

More information on the Vaccine Passport Bylaw, including what exactly a customer must show for proof of vaccination, is available at the City of Calgary website here.

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Whether you are an employee or an employer, Carscallen’s experienced team of Employment, Labour and Human Rights lawyers can assist you. Our lawyers specialize in practical, individualized advice to help you understand your rights, duties and responsibilities as an employer or an employee.

Our team of lawyers provide tailored, proactive advice to help successfully navigate every stage of the employment relationship. We have the legal expertise to help minimize problems and disputes before they happen, as well as the ability to resolve conflict quickly and constructively when it arises.

If you have a question about Alberta’s new COVID-19 measures, please contact any member of our Employment, Labour and Human Rights team.

*This update is intended for general information only on the subject matter and is not to be taken as legal advice.

Topics: Employment, Labour and Human Rights Law, Covid-19

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