Thread by @rant_rn

Your employer had 2 choices with Directive 6 - #Ontario's #VaccineMandate

Only 1 choice was legal.

It is probably safe to say that next to zero chose the legal route.

Stay with me...

1/...

The entire #VaccineMandate is CONTINGENT ON YOUR EMPLOYER HAVING ACCESS TO YOUR COVID-19 VACCINE STATUS.

And it is actually BECAUSE OF Directive #6 - that they CANNOT legally do this.

The gov't threw employers under the bus - leaving them with the choice to either...

2/...

a) implement the mandates in Directive 6
OR...
b) face a potential public backlash for taking the "out" provided in the fine print - which happens to be the ONLY legal route.

I'm going to guess that your employer chose "a".

(I sense your doubt!)

3/...

People in #Ontario who were mandated by their employers to disclose their vaccine status fall into one of 3 categories - 2 covered by Directive #6, and 1 that is not.

(Your Occ. Health consent signed at date of hire does NOT count.)

4/...

Before we get to those....as both the Resource Guide for Directive # 6 AND Section 7(2) of the Personal Health Information Privacy Act, 2004 (PHIPA) make it clear that any provisions in an Act, regulations, etc. that conflict with Directive #6 PREVAIL OVER Directive #6.

5/...

See the "fine print" in the screenshot at the beginning of this thread - and check it out for yourself here: health.gov.on.ca/en/pro/program…

For PHIPA, see here:
ontario.ca/laws/statute/0…

6/...

1) First group of people in #Ontario, are those covered by Directive #6 whose employer required them to sign a WRITTEN consent to disclose their vaccination status.

7...

(Consent needs to be WRITTEN as per OHSA 63(2) - and as per the preamble in the Gov't of Ontario's printed instructions for their Rapid Antigen Test kits. See pic below.)

HOWEVER...

8/...

...for consent to be LEGAL...it "must not be obtained through deception or coercion" PHIPA 18(1).

As EVERY employee who falls under Directive #6 has been threatened with the loss of their job & ability to support their family - consent for this group CANNOT be legal.

9/...

2) The second group of people in #Ontario, are those covered by Directive #6 whose employer did NOT obtain a WRITTEN consent to disclose their vaccination status.

10/...

As per OHSA 63(2) - and as per the preamble in the Gov't of Ontario's printed instructions for their Rapid Antigen Test kits - WRITTEN consent is required to obtain your COVID-19 vaccination status.

11/..

3) The third group of people in #Ontario, are those NOT covered by Directive #6.

Whether or not your employer falls under Directive #6 - they still have obligations under PHIPA:
ipc.on.ca/wp-content/upl… , p.4
and the Occupational Health & Safety Act (OHSA).

12/...

NEXT STEPS:

Regardless of which group you fall into...your employer CANNOT legally obtain your consent NOR access your vaccination status with out it.

A house of cards on shifting sand!

So...

13/...

Under PHIPA 29(a) - your employer CANNOT:
- collect,
- use (i.e. to determine your future as an employee), or
- disclose your personal health information
...without LEGALLY obtained consent!

This is further supported by PHIPA 30(1)

14/...

Thanks to the Resource Guide for Directive #6 - EVERY person in #Ontario whose employer required them to disclose their CV-19 vaccination status - can file a privacy violation of Sections 29(a) AND 30(1).

People in group #1 can add Section 18(1) to that list.

15/...

You can and SHOULD do that here:
ipc.on.ca/privacy-indivi…
As privacy violations are independent of the ESA, collective agreements & the Labour Relations Act - you do NOT and SHOULD NOT got through your union.

Flood them with complaints ASAP!!!

16/...

If you fall under group #2 or any other person whose employer did NOT obtain WRITTEN consent to access your CV-19 vaccination status - you can & SHOULD also file a complaint for a violation of OHSA 63(2).

You can do that here: ontario.ca/page/filing-wo…

Flood them...ASAP!!!

17/

Once again - these #unscientific #VaccineMandates are completely dependent upon your employer having access to your vaccination status.

The Gov't of #Ontario's own fine print makes it IMPOSSIBLE for them to do that LEGALLY.

THAT is their #Kryptonite!

18/...

Vaccinated or not - your employer broke the law!

#pushback!!!

RT and share with as many people as possible to get this information out ASAP.

This only works if we all take action!

19/19
END of thread.

@BKarahalios @Roman_Baber @randyhillier @RickNichollsCKL @NewBlueON @jimkarahalios @SpencerFernando @anthonyfurey @TrueNorthCentre @CandiceMalcolm @AndrewLawton @OnCall4ON @JCCFCanada @CDNConstFound @rpoconnor @LitigationGuy @JamesManson6263 @DavidAnber @LDBildy @cvangeyn

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@ontarionurses @CupeMedics2974 @CUPEOntario @OPSEU @OPSEU277 @OPSEUAmbDiv @HaltonMedics207 @Opseulocal303 @Ottawa_9_1_1 FYI.

Also on FB: facebook.com/TheRNRant

You can also look at filing federal privacy complaints here: priv.gc.ca/en/privacy-top…

Afterthoughts:
1) Everyone can add a PHIPA 18(1) violation to their complaint regardless of if they were compelled/coerced to give consent to disclose their CV-19 vaccination status in writing OR verbally.

Keep reading....

2) Note that the wording of PHIPA 18(1) includes:
"or any other Act"

That is a broad Gov't of Ontario statement indicating that consent obtained via coercion is NEVER legal.

Even though violations of PHIPA provisions generally fall outside of the purview of unions and collective agreements - one would hope that the unions would encourage their employees in pursuing these matters.

Whatever it takes, right?
#pushback !!!