B.C. vaccine passport: Some businesses defiant, others anxious about enforcement

VANCOUVER (CityNews) — Some B.C. businesses are taking to social media to say they have no intention of asking customers to provide proof of immunization against COVID-19, but even those that support the recently announced “vaccine passport” have concerns about enforcement.

Starting Sept. 13, the province has announced that proof of vaccination will be required in order to access non-essential businesses. One dose will be required to enter places like indoor concerts, sporting events, movies restaurants and bars, and then by Oct. 24, only fully immunized people, with two doses, will be allowed in. B.C. has not yet outlined what penalties non-compliant businesses will face.

The Ministry of Health tells CityNews “there are enforcement measures, such as closure, that can be considered.”

Businesses across the province — including a yoga studio, a tattoo shop, a restaurant, a hair salon, a gym, and a contracting company — have come out against the requirement that people accessing non-essential services will soon need to show a vaccine card. The language in the posts is similar, with most saying they “will not discriminate” based on vaccination status.

Tonight on @CityNewsVAN: As B.C. announces vaccine passports will be required to access non-essential businesses, some Lower Mainland business owners are worried about enforcement, while others say they won’t be checking people’s vaccination status at all…@NEWS1130@MonikaGul pic.twitter.com/j5ZV8UMeKE

— Ashley Burr (@AshleyBurr_) August 26, 2021

An Instagram page for a group that has previously organized protests against COVID-19 restrictions is encouraging business leaders to “lead with heart and love” adding “right now that means avoiding all forms of discrimination.”

‘We’re a little nervous about the details, how it will be implemented’

Even businesses who fully support the “vaccine passport” have concerns about how their employees will be expected to enforce the rule.

Carl McCreath, Steamworks Brewing Company’s president for restaurant operation, says workers have already faced backlash after asking customers to comply with provincial guidelines like limits on capacity and mandatory masks.

“We really want to get to the point where we are past the pandemic, and this seems like it’s the fastest path there. But we are a little nervous about the details of how it’s going to be implemented,” he says.

“The first wave of the pandemic where we had to restrict group sizes and that kind of thing, there were moments like when a young host had a customer getting aggressive at the door. Those were for the most part, somewhat isolated. I think if we get enough government support and it’s black and white, and nobody thinks it’s a choice and everybody understands it’s just how it is. I think we can alleviate most of those challenges, but I think they will definitely be there.”

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Fiona Famulak, president of the BC Chamber of Commerce, echoes McCreath’s concerns. She says the sectors that are going to be affected by this change need to be consulted on implementation.

“It’s incumbent on the government to work with us to address the questions — the real concerns — that the business community has,” she says.

“It’s been a very, very hard 18 months for the business community, proof of vaccination is a tool, and if it helps to avoid circuit breaker shutdowns or helps roll back some of the restrictions that are already in place, then it should be explored.”

Key issues for Famulak include how businesses that rely on tourists will be able to confirm vaccination of people from outside of B.C., and whether the technology used will adequately protect people’s privacy.

She notes some areas also dealing with more than one crisis at this time, and that needs to be considered.

“Businesses are not only navigating COVID-19 but they’re also navigating wildfires, particularly in the Interior region. So businesses are exhausted. They’re financially, mentally, and emotionally tired, and they need time,” she explains. 

But the question of enforcement looms largest.

“We’ve been very clear from the outset that the burden of the enforcement of this program should not fall on the shoulders of business, and it would appear that enforcement is going to fall on business so there needs to be a conversation about how businesses can resource enforcement because the market, the labour market is already very, very tight,” she says.

“We need to have those questions answered fully so that we have a program that is fair, effective and prioritizes the safety of the business owners, the employees, and the workers who are going to be responsible for its enforcement.”

Vaccine requirement does not infringe on rights, only limits privileges: lawyer 

Lawyer Kyla Lee says she anticipates the province will announce a financial penalty.

“What we will likely see is businesses will be fined for not engaging and doing the checks and for not complying with the rules,” she says.

There are also questions around the legality of the requirement given B.C. has not included any exemptions for people who are unable to get vaccinated for health, religious, or other reasons. The only individuals who are exempt are children under the age of 12.

Related article: B.C. vaccine passport: Lack of exemption could spur legal challenges

However Lee says, it’s unlikely a challenge of the requirement would succeed.

“Because it’s not limiting your access to essential services because it’s not limiting your access to anything you need to survive day to day — it doesn’t majorly impact your rights it only hinders your access to participate in some privileged activities. There’s a significant public safety purpose achieved by having only fully vaccinated people going into services where we see the most transmission, so public safety outweighs your right to participate in these things in society.”

The province says the order requiring proof of vaccination will be in place until at least Jan. 31, 2022 but will be reassessed on a regular basis.

With files from Paul James