The House of Assembly passed a resolution yesterday requiring mandatory vaccinations for its Members. The requirements are consistent with the vaccination policy announced by the Government of Newfoundland and Labrador on October 15, 2021 for public service employees. MHAs are not captured under that policy due to parliamentary privilege.

Parliamentary privilege consists of the rights and immunities enjoyed by Members of the provincial and territorial Assemblies of Canada, and the House of Commons and Senate. They have been found by the Supreme Court of Canada to enjoy constitutional status. A fundamental inherent privilege of an Assembly is the exclusive control over its own proceedings – only the House itself can deny a Member access to the Chamber, facilities of the House including the Member’s office or its proceedings. As such, the authority to apply and enforce rules respecting mandatory vaccinations for MHAs rests with the House collectively, which was exercised yesterday through the adoption of this resolution.

The resolution requires all Members to be fully vaccinated against COVID-19 as of December 17, 2021, unless the Member obtains an exemption for medically supported reasons. The complete resolution is outlined below.

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Media contact
Bobbi Russell
Policy & Communications Officer
House of Assembly
709-729-1178
bobbirussell@gov.nl.ca

Backgrounder

WHEREAS COVID-19 has been identified as a communicable disease which presents a significant risk to public health;

WHEREAS the Chief Medical Officer of Health of Newfoundland and Labrador, the Chief Public Health Officer of Canada, the Centre for Disease Control and the World Health Organization have strongly recommended that all eligible persons be fully vaccinated against COVID-19;

WHEREAS the Government of Newfoundland and Labrador will require mandatory vaccinations for public service employees in core provincial government departments, as well as agencies, boards and commissions in an effort to ensure continued safety in the workplace, as well as to ensure additional health protection for all Newfoundlanders and Labradorians;

THEREFORE BE IT RESOLVED that this House requires all Members to be fully vaccinated against COVID-19 as of December 17, 2021 unless the Member obtains an exemption;

AND THAT a Member is fully vaccinated where:

1. that person has received two doses of a COVID-19 vaccine as approved by Health Canada, or one dose where the vaccine is a one-dose vaccine approved by Health Canada; and
2. two weeks have passed since the person’s second dose of COVID-19 vaccine or, where the person has received a one-dose vaccine, two weeks have passed since that dose;

AND THAT where a Member requests an exemption to this requirement, the exemption must be for medically supported reasons, and that Member shall provide medical documentation to the Speaker outlining the medical reasons for not being fully vaccinated against COVID-19 provided by an appropriate health care provider, in line with guidance from the College of Physicians and Surgeons of Newfoundland and Labrador.

AND BE IT FURTHER RESOLVED that the details of operationalizing this order shall rest with the Speaker of the House.