Requirement to Report Vaccine Injury
The Canadian Medical Association Code of Ethics and Professionalismii requires medical professionals (Doctor / Pharmacist / Health Care Provider) to consider first the well–being of the patient and to always act to benefit the patient and promote the good of the patient. It is imperative
to take all reasonable steps to prevent or minimize harm to the patient and to disclose to the patient if there is a risk of
or if harm has occurred.
By virtue of section 12 of the Public Health Act of BC (the “PHA”) iii and section 5 of the Reporting Information
Affecting Public Health Regulation iv, healthcare professionals and health care facility administrators must report a
negative change in a person’s health that occurs after the person receives an immunization, if it is serious, or if it
is unusual or unexpected, or for which medical attention is sought, if it ”cannot clearly be attributed to a cause other
than the immunization”, even if the causal association to the immunization cannot be established at the time of
reporting.
Section 99(1)(d) of the PHA confirms that any person who fails to report and make records in accordance with the
above, commits an offence. It is also an offence under section 99 (4)(a) if a person knowingly provides false or
misleading information to a person who is exercising their power or duty under the PHA, or a person acting under the
order or direction of that person. It is also an offence under section 99(5)(b) if a person willfully interferes with, or
obstructs a person who is exercising a power or duty under the PHA, or person acting under the order or direction of
that person.
Section 101(2), Section 106 (4), Section 107, Section 108 include penalties with substantial fines up to $25,000 and/or
incarceration up to 6 months for each day that a person fails to comply with these obligations. See details below
on these fines.
Section 106 (4) of the PHA confirms that a judge may impose a penalty for the purpose of punishing the offender if the
offender committed the offence knowingly or deliberately, or was reckless as to the commission of the offence.
Section 107 allows a judge to impose additional alternative penalties that require an offender to do certain things, or
refrain from doing certain things, including but not limited to, ordering the offender to pay a person an amount of money
as compensation, perform community service for up to 3 years, comply with conditions that prevent the continuation or
repetition of the offence, and publish the facts relating to the commission of the offence and any other facts the court
considers appropriate.
Section 108 of the PHA confirms that a person who commits an offence under section 12 of the PHA and section 5 of
the Reporting Regulation by failing to report a negative change in a person’s health after immunization that cannot be
clearly attributed to a cause other than the immunization, is liable on conviction to a fine not exceeding $25,000 or to
imprisonment of up to 6 months, or both.
What this means for Doctors and Medical Professionals: Under s.5 of the Reporting Information Affecting Public
Health Regulation under the Public Health Act that adverse events must be reported where the negative change in the
patient’s health following vaccination “cannot be attributed to a cause other than immunization.” The Covid–19 current
process and rationale of wrongly rejecting reports of adverse reactions to the Covid–19 injections violates section 12 of
the Public Health Act vi and section 5 of the Reporting Information Affecting Public Health Regulation vii and constitutes
an offence under sections 99, 101(2), 106 (4), 107 and 108 of the Public Health Act resulting in potential serious
penalties including up to $25,000 in fines or 6 months in jail, or both, for every day the offence continues.
Where and How to Complete Vaccine Injury Reporting and Support Programs for the Injured:
Here are some helpful resources to assist you in complying with your legal obligation to report:
• BC Centre for Disease Control (CDC) Manual on Vaccine Injury Reportingviii
• BCCDC Report Form – Adverse Event Following Immunization with COVID–19 Vaccineix
• Canadian Vaccine Injury Support Program (VISP)x
• Canadian Adverse Event Reporting System (CAERS)xi
Rapid Antigen Tests: Biohazard Exposure, Informed Consent, and Inappropriate Use
• Biohazard concerns: Rapid antigen tests contain biohazard materials clearly stated on the product insert; this
poses a risk to the user’s health, most concerning of which is children. Rapid antigen tests contain sodium azide
and/or Proclin–300 in the extraction buffer, as stated in an alert by Health Canada, titled “Rapid antigen test
kits and potential to hazardous substancesxii”. The swabs, which are inserted into the nostrils contain ethylene
oxide (carcinogenic), and commonly include an undisclosed bioluminescent ‘glowing’ ingredient. These tests
MUST be properly disposed of in a biohazard container and taken to a hazardous waste facility.
• Inappropriate Use and Lack of Informed Consent: Rapid antigen tests are to be administered by a trained
healthcare professional in a health care setting and/or clinic. These tests are not for use within the general
public, which is explicitly stated on the product insert from the manufacturer of the testing kits. Many test kits
distributed within British Columbia do not fully disclose the chemical contents, making informed consent
impossible.
https://unitymovement.ca/wp-content/uploads/2022/05/Medical-Doctor-Package-Cover-Letter.pdf
PHAC – Public Health Agency of Canada
How to Report
For the General Public
Should you experience an adverse event following immunization, please ask your doctor, nurse, or pharmacist to complete the Adverse Events following Immunization (AEFI) Form.
For health care professionals
If a patient experiences an adverse event following immunization, please complete the appropriate Adverse Events following Immunization (AEFI) Form and send it to your local Health Unit in your province/territory.
https://www.canada.ca/en/public-health/services/immunization/reporting-adverse-events-following-immunization/form.html
BC Centre for Disease Control
Communicable Disease Control Manual
Chapter 2: Immunization
Part 5 – Adverse Events Following Immunization
follows immunization and does not necessarily have a causal relationship with the vaccine or the
immunization process. Temporal association alone (i.e., onset of an event following receipt of vaccine) is
not proof of causation.
Vaccine safety is a focus of pre-licensure studies. An acceptable safety profile must be observed in order
for vaccines to progress to phase III (clinical) trials in humans. These studies provide frequency data on the
occurrence of common adverse events such as local reactions at the injection site or systemic events, and
grading of the severity of these events.
Uncommon and rare adverse events are usually not identified in pre-licensure studies and reliance is
placed on phase IV studies or post-marketing surveillance; this is especially important in the first year or so
following introduction of a vaccine (see Canadian Immunization Guide, Part 2 – Vaccine Safety).