Canada Gazette, Part I, Volume 155, Number 20: GOVERNMENT NOTICES

May 15, 2021

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions regarding the processing of applications under the Home Support Worker Class and the Home Child Care Provider Class

These Instructions are published in the Canada Gazette, in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act) by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada.

Overview

These Instructions are directed to officers who are responsible for handling and/or reviewing applications under the Home Child Care Provider Class and Home Support Worker Class.

The intent of these Instructions is to ensure that the total number of applications received in a given year does not exceed the number that can be processed in accordance with subsection 14.1(2) of the Act.

Cap on the number of applications to be accepted for processing in a year

A maximum of 2,750 applications for permanent residence are to be accepted for processing each year under the Home Child Care Provider Class.

A maximum of 2,750 applications for permanent residence are to be accepted for processing each year under the Home Support Worker Class.

The year begins on January 1 and ends on December 31 of the same calendar year.

Applications will be counted towards the cap on the number of applications that can be accepted for processing regardless whether they meet the requirements specified in section 10 of the Immigration and Refugee Protection Regulations (the Regulations). That is to say that applications received by the designated office after the 2,750th application will not be accepted for processing, regardless of whether the 2,750 applications already received meet the requirements of section 10 of the Regulations. Notwithstanding the methodology for counting the cap, only applications that meet the requirements of section 10 of the Regulations and are determined to be complete according to the associated application kit requirements in place at the time the application is received by the designated office will be entered into processing.

In calculating the caps, applications will be considered in order of the date on which they are received. Applications received on the same date will be considered for processing having regard to routine office procedures.

Disposition of applications

Applicants whose applications do not meet the criteria described above shall be informed that their application does not qualify for processing and shall have their application and corresponding fees returned.

Special instructions for processing applications submitted between January 1, 2020, and December 31, 2020

Applications received in 2020 under the Home Child Care Provider Class or the Home Support Worker Class but not, in that same year, reviewed to determine if the applications can be entered into processing, will not be eligible for processing under those pilot classes. These will be processed under the related temporary public policy (Temporary public policy to facilitate the granting of permanent residence for caregivers who applied under the Home Child Care Provider Class or Home Support Worker Class in 2020), unless the client has advised the Department that they do not wish to proceed in this way within 30 days of receiving notice in this regard, in which case, their application will be rejected and the corresponding fees will be returned.

Humanitarian and compassionate requests

A request made under subsection 25(1) of the Act from outside Canada and that accompanies an application that was not accepted for processing under these Instructions will not be processed.

Coming into effect

These Instructions take effect on May 3, 2021, and apply to all applications for permanent residence under the Home Support Worker Class and the Home Child Care Provider Class, including those already received but not yet entered into processing. The Instructions expire on June 17, 2024, unless earlier revoked by the Minister.

Ottawa, May 3, 2021

Marco E. L. Mendicino, P.C., M.P.
Minister of Citizenship and Immigration

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice amending the Notice with respect to the substances in the National Pollutant Release Inventory for 2020 and 2021

Notice is hereby given, pursuant to subsection 46(1) of the Canadian Environmental Protection Act, 1999, that the Notice with respect to the substances in the National Pollutant Release Inventory for 2020 and 2021, published on February 15, 2020, in the Canada Gazette, Part I, is amended as set out in Schedule 1.

Enquiries concerning this notice may be addressed to the following:

National Pollutant Release Inventory
Environment and Climate Change Canada
Gatineau, Quebec
K1A 0H3
Telephone: 1‑877‑877‑8375
Email: ec.inrp-npri.ec@canada.ca

Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment

SCHEDULE 1

Amendments

1. The second paragraph of the Notice with respect to the substances in the National Pollutant Release Inventory for 2020 and 2021 is replaced by the following:

This notice applies to the calendar years 2020 and 2021. Information pertaining to the 2020 calendar year shall be provided no later than September 30, 2021. Information pertaining to the 2021 calendar year shall be provided no later than June 1, 2022.

2. The third paragraph of the Notice with respect to the substances in the National Pollutant Release Inventory for 2020 and 2021 is replaced by the following:

If a person who owns or operates a facility with respect to which information pertaining to at least one substance was submitted for the 2019 calendar year in response to the Notice with respect to the substances in the National Pollutant Release Inventory for 2018 and 2019 determines that the facility does not meet any of the criteria set out in this notice for the 2020 calendar year, the person shall notify the Minister of the Environment that the facility does not meet these criteria, and provide the reason that the facility does not meet these criteria, no later than September 30, 2021.

EXPLANATORY NOTE

(This note is not part of the notice.)

The amendments are made to reflect that the reporting due date for the 2020 reporting year is changed from June 1, 2021, to September 30, 2021. This change is being made to allow those who are subject to the Notice with respect to the substances in the National Pollutant Release Inventory for 2020 and 2021 more time to comply, due to the impact of the COVID-19 pandemic and delays in releasing the new National Pollutant Release Inventory reporting application.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Waiver of information requirements for living organisms (subsection 106(9) of the Canadian Environmental Protection Act, 1999)

Whereas, any person who proposes to import or manufacture a living organism that is not on the Domestic Substances List must provide to the Minister of the Environment the information required under subsection 106(1) of the Canadian Environmental Protection Act, 1999; and

Whereas, a person may, pursuant to subsection 106(8) of the Canadian Environmental Protection Act, 1999, request any of the requirements to provide information under subsection 106(1) of the Canadian Environmental Protection Act, 1999 to be waived.

Therefore, notice is hereby given, pursuant to subsection 106(9) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment waived some requirements to provide information in accordance with the following annex pursuant to subsection 106(8) of that Act.

Thomas Kruidenier
Acting Executive Director
Program Development and Engagement Division
On behalf of the Minister of the Environment

ANNEX

Waiver of information requirements

(Subsection 106(9) of the Canadian Environmental Protection Act, 1999)
Person to whom a waiver
was granted		 Information concerning a living organism in relation to which a waiver was granted
Centre intégré universitaire de santé et de services sociaux de l'Est-de-l'Île-de-Montréal (Centre d'excellence en thérapie cellulaire)

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed

Data from tests of antibiotic susceptibility
Clinigen Clinical Supply Management, Inc.

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed

Data from tests of antibiotic susceptibility
Northern Therapeutics, Inc.

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed

Data from tests of antibiotic susceptibility
Passage Bio, Inc.

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed (2)table a1 note 1

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed (2)

Data from tests of antibiotic susceptibility (2)
Pfizer Canada Inc.

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed

Data from tests of antibiotic susceptibility
Queen's University

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed

Data from tests of antibiotic susceptibility
Spark Therapeutics, Inc.

Data from tests to determine the effects of the living organism on aquatic plant, invertebrate, and vertebrate species likely to be exposed

Data from tests to determine the effects of the living organism on terrestrial plant, invertebrate, and vertebrate species likely to be exposed

Data from tests of antibiotic susceptibility

Table a1 note(s)

Table a1 note 1

The number in brackets indicates the number of times that the information requirement in the second column was waived for the person.

Return to table a1 note 1 referrer

EXPLANATORY NOTE

The decision to grant a waiver is made on a case-by-case basis by the Minister of the Environment in consultation with the Minister of Health. Every year, an average of approximately 500 regulatory declarations are submitted for chemicals, polymers and living organisms under subsections 81(1), (3) and (4) and 106(1), (3) and (4) of the Canadian Environmental Protection Act, 1999, and around 100 waivers are granted yearly for chemicals, polymers and living organisms under subsections 81(8) and 106(8) of the Canadian Environmental Protection Act, 1999.

For more information, please see the waivers web page on the New Substances website.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Waiver of information requirements for substances (subsection 81(9) of the Canadian Environmental Protection Act, 1999)

Whereas any person who proposes to import or manufacture a substance that is not on the Domestic Substances List must provide to the Minister of the Environment the information required under subsection 81(1) of the Canadian Environmental Protection Act, 1999; and

Whereas a person may, pursuant to subsection 81(8) of the Canadian Environmental Protection Act, 1999, request any of the requirements to provide information under subsection 81(1) of the Canadian Environmental Protection Act, 1999 to be waived;

Therefore, notice is hereby given, pursuant to subsection 81(9) of the Canadian Environmental Protection Act, 1999, that the Minister of the Environment waived some requirements to provide information pursuant to subsection 81(8) of that Act and in accordance with the following annex.

Thomas Kruidenier
Acting Executive Director
Program Development and Engagement Division
On behalf of the Minister of the Environment

ANNEX

Waiver of information requirements

(Subsection 81(9) of the Canadian Environmental Protection Act, 1999)
Person to whom a waiver was granted Information concerning a substance in relation to which a waiver was granted
Azelis Canada Inc.

Data in respect of melting point

Data in respect of boiling point
ICL-IP America Inc.

Data from an acute toxicity test for the most sensitive species: fish, daphnia or algae

Data from an in vivo mammalian mutagenicity test for chromosomal aberrations or gene mutations
Impossible Canada Inc.

Data in respect of density

Data in respect of vapour pressure
L'Oréal Canada Inc. Data in respect of hydrolysis rate as a function of pH
TIARCO, LLC Data from a ready biodegradation test

EXPLANATORY NOTE

The decision to grant a waiver is made on a case-by-case basis by the Minister of the Environment in consultation with the Minister of Health. Every year, an average of approximately 500 regulatory declarations are submitted for chemicals, polymers and living organisms under subsections 81(1), (3) and (4) and 106(1), (3) and (4) of the Canadian Environmental Protection Act, 1999, and around 100 waivers are granted yearly for chemicals, polymers and living organisms under subsections 81(8) and 106(8) of the Canadian Environmental Protection Act, 1999.

For more information, please see the waivers web page on the New Substances website.

DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Aboriginal Chamber of Commerce – Grand Rapids

Notice is hereby given that His Excellency the Administrator of the Government of Canada, by Order in Council dated March 26, 2021, has been pleased to change the name of the Aboriginal Chamber of Commerce – Grand Rapids to the Indigenous Chamber of Commerce - Grand Rapids upon petition made therefor under section 39 of the Boards of Trade Act.

April 23, 2021

Ray Edwards
Director
For the Minister of Industry

DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Chambre de commerce Haute-Yamaska

Notice is hereby given that His Excellency the Administrator of the Government of Canada in Council, by Order in Council dated March 26, 2021, has been pleased to change the name of the Chambre de commerce Haute-Yamaska to the Chambre de commerce et de l'industrie Haute-Yamaska upon petition made therefor under section 39 of the Boards of Trade Act.

April 26, 2021

Ray Edwards
Director
For the Minister of Industry

DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Stony Plain & District Chamber of Commerce

Notice is hereby given that His Excellency the Administrator of the Government of Canada in Council, by Order in Council dated March 26, 2021, has been pleased to change the name of the Stony Plain & District Chamber of Commerce to the Greater Parkland Regional Chamber of Commerce upon petition made therefor under section 39 of the Boards of Trade Act.

April 28, 2021

Ray Edwards
Director
For the Minister of Industry

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 27

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 27 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote a and 4.9footnote b, paragraphs 7.6(1)(a)footnote c and (b)footnote d and section 7.7footnote e of the Aeronautics Actfootnote f;

And whereas, pursuant to subsection 6.41(1.2)footnote g of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 27.

Ottawa, April 22, 2021

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 27

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
checked baggage
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)
COVID-19
means the coronavirus disease 2019. (COVID-19)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
document of entitlement
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
elevated temperature
means a temperature within the range set out in the standards. (température élevée)
foreign national
means a person who is not a Canadian citizen or a permanent resident and includes a stateless person. (étranger)
non-passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
peace officer
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
Regulations
means the Canadian Aviation Regulations. (Règlement)
restricted area
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
screening officer
has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
standards
means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister, as amended from time to time. (normes)

Interpretation

(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.

Definition of face mask

(4) For the purposes of this Interim Order, a face mask means any mask, including a non-medical mask that meets all of the following requirements:

Face masks — lip reading

(5) Despite paragraph (4)(a), the portion of a face mask in front of a wearer's lips may be made of transparent material that permits lip reading if

Notification

Federal, provincial and territorial measures

2 (1) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be subject to measures to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Suitable quarantine plan and prepaid accommodation

(2) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, to the Minister of Health by the electronic means specified by that Minister a suitable quarantine plan and evidence of prepaid accommodation arrangements that enables them to remain in quarantine at a government-authorized accommodation for a three-day period that begins on the day on which they enter Canada or, if the person is not required under that order to provide the plan and the evidence, their contact information. The private operator or air carrier must also notify every person that they may be liable to a fine, if this requirement applies to them and they fail to comply with it.

False declarations

(3) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1) that they know to be false or misleading.

Confirmation

Federal, provincial and territorial measures

3 (1) Before boarding an aircraft for a flight between two points in Canada or a flight to Canada departing from any other country, every person must confirm to the private operator or air carrier operating the flight that they understand that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

False declaration

(2) A person must not provide a confirmation referred to in subsection (1) that they know to be false or misleading.

Exception

(3) A competent adult may provide a confirmation referred to in subsection (1) on behalf of a person who is not a competent adult.

Prohibition

4 A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must not permit a person to board the aircraft for the flight if the person is a competent adult and does not provide a confirmation that they are required to provide under subsection 3(1).

Foreign Nationals

Prohibition

5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.

Exception

6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an order made under section 58 of the Quarantine Act.

Health Check

Non-application

7 Sections 8 to 10 do not apply to either of the following persons:

Health check

8 (1) A private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight that the private operator or air carrier operates by asking questions to verify whether they exhibit any of the following symptoms:

Notification

(2) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may not be permitted to board the aircraft if

Confirmation

(3) Every person boarding an aircraft for a flight that a private operator or air carrier operates must confirm to the private operator or air carrier that none of the following situations apply to them:

False declaration — obligation of private operator or air carrier

(4) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers, with respect to the health check or a confirmation, that they know to be false or misleading.

False declaration — obligations of person

(5) A person who, under subsections (1) and (3), is subjected to a health check and is required to provide a confirmation must

Exception

(6) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who, under subsections (1) and (3), is subjected to a health check and is required to give a confirmation.

Observations — private operator or air carrier

(7) During the boarding process for a flight that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the aircraft is exhibiting any symptoms referred to in subsection (1).

Prohibition

9 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

Period of 14 days

10 A person who is not permitted to board an aircraft under section 9 is not permitted to board another aircraft for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

COVID-19 Molecular Test — Flights to Canada

Application

10.1 (1) Sections 10.2 to 10.7 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 10.2 to 10.7 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test.

Notification

10.2 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person may not be permitted to board the aircraft if they are unable to provide evidence that they received a result for a COVID-19 molecular test.

Evidence — result of test

10.3 (1) Before boarding an aircraft for a flight, every person must provide to the private operator or air carrier operating the flight evidence that they received either

Evidence — location of test

(2) Beginning on April 22, 2021 at 11:30 p.m. Eastern Daylight Time, for the purposes of subsection (1), the COVID-19 molecular test must have been performed in a country or territory that is not listed in Schedule 1.

Evidence — elements

10.4 Evidence of a result for a COVID-19 molecular test must include

False or misleading evidence

10.5 A person must not provide evidence of a result for a COVID-19 molecular test that they know to be false or misleading.

Notice to Minister

10.6 A private operator or air carrier that has reason to believe that a person has provided evidence of a result for a COVID-19 molecular test that is likely to be false or misleading must notify the Minister as soon as feasible of the person's name and contact information and the date and number of the person's flight.

Prohibition

10.7 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if the person does not provide evidence that they received a result for a COVID-19 molecular test in accordance with the requirements set out in section 10.3.

Temperature Screening — Flights to Canada

Application

11 (1) Sections 12 to 19 apply to an air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 12 to 19 do not apply to either of the following persons:

Non-application — crew member

(3) Sections 12 to 15 do not apply to a crew member who underwent a temperature screening under section 22 for the duration of the shift during which the temperature screening was conducted.

Requirement

12 (1) Subject to subsection 19(2), an air carrier must conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) The air carrier must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Notification

13 (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation

(2) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

14 (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the air carrier must not permit the person to board the aircraft.

Period of 14 days

15 A person who is not permitted to board an aircraft under section 14 is not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

16 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under subsection 12(2) to ensure that the equipment is in proper operating condition.

Requirement — training

17 An air carrier must ensure that the person using the equipment to conduct temperature screenings under subsection 12(2) has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

18 (1) An air carrier must keep a record of the following information in respect of each flight it operates:

Record keeping — training

(2) An air carrier must keep a record of the name of every person who has received training under section 17, as well as the contents of the training.

Retention period

(3) The air carrier must

Ministerial request

(4) The air carrier must make the records referred to in subsections (1) and (2) available to the Minister on request.

Definition of authorized person

19 (1) For the purposes of this section, authorized person means a person authorized by a competent authority to conduct temperature screenings at an aerodrome located outside of Canada.

Exception

(2) An air carrier may rely on an authorized person to conduct the temperature screening under subsection 12(1), in which case subsection 12(2) and sections 13, 14 and 16 to 18 do not apply to that air carrier.

Notification

(3) The air carrier must notify every person boarding the aircraft for the flight that they are not permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Period of 14 days

(4) If the temperature screening indicates that a person has an elevated temperature, that person is not permitted to board an aircraft for a flight to Canada for a period of 14 days after the temperature screening, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Equipment

(5) The air carrier must ensure that the equipment used to conduct those temperature screenings is calibrated and maintained so that the equipment is in proper operating condition.

Temperature Screening — Aerodromes in Canada

Definition of screening authority

20 (1) For the purposes of this section and sections 21 to 31, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Application

(2) Sections 21 to 31 apply to all of the following persons:

Non-application

(3) Sections 21 to 31 do not apply to any of the following persons:

Requirement

21 A person entering a restricted area within an air terminal building from a non-restricted area within the air terminal building must do so at a passenger screening checkpoint or non-passenger screening checkpoint.

Requirement — temperature screening

22 (1) Subject to subsection (3), a screening authority must conduct a temperature screening of every person who presents themselves at a passenger screening checkpoint or non-passenger screening checkpoint within an air terminal building for the purpose of entering a restricted area from a non-restricted area and of every person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) Following a rest period of 10 minutes, the screening authority must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Exception

(3) If the temperature screening of a person, other than a passenger, who presents themselves at a passenger screening checkpoint or non-passenger screening checkpoint within an air terminal building for the purpose of entering a restricted area from a non-restricted area, or of a person who is undergoing a screening at a non-passenger screening checkpoint outside an air terminal building, indicates that the person does not have an elevated temperature, the screening authority is not required to conduct any further temperature screenings of that person for the duration of the day during which the temperature screening was conducted.

Notification — consequence of elevated temperature

23 (1) An air carrier must notify every person, other than a crew member, who intends to board an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 22(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation — consequence of elevated temperature

(2) Before passing beyond a passenger screening checkpoint to board an aircraft for a flight, every person other than a crew member must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 22(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

24 (1) If the temperature screening conducted under subsection 22(2) indicates that the person has an elevated temperature, the screening authority must

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the screening authority must deny them entry to the restricted area.

Period of 14 days

25 A person who is denied entry to the restricted area under section 24 is not permitted to enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Denial — person intending to board aircraft

26 (1) If, under section 24, a screening authority denies entry to a restricted area to a person who intends to board an aircraft for a flight, other than a crew member, the screening authority must, for the purpose of paragraph 26(4)(a), notify the air carrier operating the flight that that person has been denied entry to the restricted area and provide the person's name and flight number to the air carrier.

Denial — person not intending to board aircraft

(2) If, under section 24, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight, the screening authority must, for the purpose of subsection 26(5), provide the following information to the operator of the aerodrome:

Denial — crew member

(3) If, under section 24, a screening authority denies entry to a restricted area to a crew member, the screening authority must provide the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

Denial — air carrier requirements

(4) An air carrier that has been notified under subsection (1) must

Denial — aerodrome operator requirement

(5) The operator of an aerodrome that has been notified under subsection (2) must suspend the person's restricted area entry privileges for a period of 14 days after the person was denied entry to the restricted area, unless the person provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — restricted area

(6) If, under section 24, a screening authority denies entry to a restricted area to a crew member or to a person who does not intend to board an aircraft for a flight, the crew member or that person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

27 A screening authority must ensure that the equipment that it uses to conduct temperature screenings under section 22 is calibrated and maintained so that the equipment is in proper operating condition.

Requirement — training

28 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 22 has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

29 (1) A screening authority must keep a record of the following information with respect to any temperature screening it conducts:

Record keeping — training

(2) The screening authority must keep a record of the name of every person who has received training under section 28, as well as the contents of the training.

Retention

(3) The screening authority must

Ministerial request

(4) The screening authority must make the records referred to in subsections (1) and (2) available to the Minister on request.

Temperature screening facilities

30 The operator of an aerodrome must make facilities available for temperature screening that are accessible without having to enter a restricted area.

Requirement — air carrier representative

31 An air carrier must ensure that the screening authority at the aerodrome has been provided with the name and telephone number of the on-duty representative of the air carrier for the purpose of facilitating the return of checked baggage to persons who are denied entry to a restricted area under section 24.

Face Masks

Non-application

32 (1) Sections 33 to 38 do not apply to any of the following persons:

Face mask readily available

(2) An adult responsible for a child who is at least two years of age but less than six years of age must ensure that a face mask is readily available to the child before boarding an aircraft for a flight.

Wearing of face mask

(3) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 35 and complies with any instructions given by a gate agent under section 36 if the child

Notification

33 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person must

Obligation to possess face mask

34 Every person who is at least six years of age must be in possession of a face mask before boarding an aircraft for a flight.

Wearing of face mask — persons

35 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates.

Exceptions — person

(2) Subsection (1) does not apply

Exceptions — flight deck

(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:

Compliance

36 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel or a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

37 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

Refusal to comply

38 (1) If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the private operator or air carrier must

Retention period

(2) The private operator or air carrier must retain the record referred to in paragraph (1)(a) for a period of at least 12 months after the day of the flight.

Ministerial request

(3) The private operator or air carrier must make the records referred to in paragraph (1)(a) available to the Minister on request.

Wearing of face mask — crew member

39 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates.

Exceptions — crew member

(2) Subsection (1) does not apply

Exception — flight deck

(3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.

Wearing of face mask — gate agent

40 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight that the private operator or air carrier operates.

Exceptions

(2) Subsection (1) does not apply

Exception — physical barrier

(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is separated from any other person by a physical barrier that allows the gate agent and the other person to interact and reduces the risk of exposure to COVID-19.

Deplaning

Non-application

41 (1) Section 42 does not apply to any of the following persons:

Wearing of face mask

(2) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 42 if the child

Wearing of face mask — person

42 A person who is on board an aircraft must wear a face mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building, including by a passenger loading bridge.

Screening Authority

Definition of screening authority

43 (1) For the purposes of sections 44 and 47, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Non-application

(2) Sections 44 to 47 do not apply to any of the following persons:

Wearing of face mask

(3) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under subsection 44(2) and removes it when required by a screening officer to do so under subsection 44(3) if the child

Requirement — passenger screening checkpoint

44 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a face mask at all times during screening.

Wearing of face mask — person

(2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a face mask at all times during screening.

Requirement to remove face mask

(3) A person who is required by a screening officer to remove their face mask during screening must do so.

Wearing of face mask — screening officer

(4) A screening officer must wear a face mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.

Requirement — non-passenger screening checkpoint

45 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a face mask at all times.

Wearing of face mask — screening officer

(2) Subject to subsection (3), a screening officer must wear a face mask at all times at a non-passenger screening checkpoint.

Exceptions

(3) Subsection (2) does not apply

Exception — physical barrier

46 Sections 44 and 45 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Prohibition — passenger screening checkpoint

47 (1) A screening authority must not permit a person who has been notified to wear a face mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.

Prohibition — non-passenger screening checkpoint

(2) A screening authority must not permit a person who refuses to wear a face mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Designation

48 (1) The provisions of this Interim Order set out in column 1 of Schedule 3 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The amounts set out in column 2 of Schedule 3 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

Notice

(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

Repeal

49 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 26, made on April 11, 2021, is repealed.

SCHEDULE 1

(Subsection 10.3(2))

Countries and Territories
Name
India
Pakistan

SCHEDULE 2

(Subsection 20(2))

Aerodromes
Name ICAO Location Indicator
Calgary International Airport CYYC
Edmonton International Airport CYEG
Halifax / Robert L. Stanfield International Airport CYHZ
Kelowna International Airport CYLW
Montréal / Pierre Elliott Trudeau International Airport CYUL
Ottawa / Macdonald-Cartier International Airport CYOW
Québec / Jean Lesage International Airport CYQB
Regina International Airport CYQR
Saskatoon / John G. Diefenbaker International Airport CYXE
St. John's International Airport CYYT
Toronto / Billy Bishop Toronto City Airport CYTZ
Toronto / Lester B. Pearson International Airport CYYZ
Vancouver International Airport CYVR
Victoria International Airport CYYJ
Winnipeg / James Armstrong Richardson International Airport CYWG

SCHEDULE 3

(Subsections 48(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)
Individual Corporation
Subsection 2(1) 5,000 25,000
Subsection 2(2) 5,000 25,000
Subsection 2(3) 5,000 25,000
Subsection 3(1) 5,000  
Subsection 3(2) 5,000  
Section 4 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000 25,000
Subsection 8(3) 5,000  
Subsection 8(4) 5,000 25,000
Subsection 8(5) 5,000  
Subsection 8(7) 5,000 25,000
Section 9 5,000 25,000
Section 10 5,000  
Section 10.2 5,000 25,000
Subsection 10.3(1) 5,000  
Section 10.5 5,000  
Section 10.6 5,000 25,000
Section 10.7 5,000 25,000
Subsection 12(1)   25,000
Subsection 12(2)   25,000
Subsection 13(1)   25,000
Subsection 13(2) 5,000  
Subsection 14(1)   25,000
Subsection 14(2)   25,000
Section 15 5,000  
Section 16   25,000
Section 17   25,000
Subsection 18(1)   25,000
Subsection 18(2)   25,000
Subsection 18(3)   25,000
Subsection 18(4)   25,000
Subsection 19(3)   25,000
Subsection 19(4) 5,000  
Subsection 19(5)   25,000
Section 21 5,000  
Subsection 22(1)   25,000
Subsection 22(2)   25,000
Subsection 23(1)   25,000
Subsection 23(2) 5,000  
Subsection 24(1)   25,000
Subsection 24(2)   25,000
Section 25 5,000  
Subsection 26(1)   25,000
Subsection 26(2)   25,000
Subsection 26(3)   25,000
Subsection 26(4)   25,000
Subsection 26(5)   25,000
Subsection 26(6) 5,000  
Section 27   25,000
Section 28   25,000
Subsection 29(1)   25,000
Subsection 29(2)   25,000
Subsection 29(3)   25,000
Subsection 29(4)   25,000
Section 30   25,000
Section 31   25,000
Subsection 32(2) 5,000  
Subsection 32(3) 5,000  
Section 33 5,000 25,000
Section 34 5,000  
Subsection 35(1) 5,000 25,000
Section 36 5,000  
Section 37 5,000 25,000
Subsection 38(1) 5,000 25,000
Subsection 38(2) 5,000 25,000
Subsection 38(3) 5,000 25,000
Subsection 39(1) 5,000 25,000
Subsection 40(1) 5,000 25,000
Subsection 41(2) 5,000  
Section 42 5,000  
Subsection 43(3) 5,000  
Subsection 44(1)   25,000
Subsection 44(2) 5,000  
Subsection 44(3) 5,000  
Subsection 44(4) 5,000  
Subsection 45(1) 5,000  
Subsection 45(2) 5,000  
Subsection 47(1)   25,000
Subsection 47(2)   25,000

DEPARTMENT OF TRANSPORT

CANADA MARINE ACT

Thunder Bay Port Authority — Supplementary letters patent

WHEREAS letters patent were issued by the Minister of Transport (“Minister”) for the Thunder Bay Port Authority (“Authority”), under the authority of the Canada Marine Act (“Act”), effective July 1, 1999;

WHEREAS Schedule C of the letters patent sets out the real property, other than federal real property, held or occupied by the Authority;

WHEREAS, pursuant to subsection 46(2.1) of the Act, the Authority wishes to acquire the real property bearing property identification number (PIN) 62264-0448;

WHEREAS the board of directors of the Authority has requested that the Minister issue supplementary letters patent to set out the said real property in Schedule C of the letters patent;

AND WHEREAS the Minister is satisfied that the amendment to the letters patent is consistent with the Act;

NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent are amended as follows:

1. Schedule C of the letters patent is amended by adding the following at the end of that Schedule:
PIN NUMBER Description
62264-0448 A real property known and designated in the Ontario Land Registry as being lot 5, as shown on Plan No. 55M-607, containing an area of 8 093.71 m2.

2. These supplementary letters patent take effect on the date of registration in the Ontario Land Registry of the deed of sale evidencing the transfer of the real property to the Authority.

ISSUED this 26th day of April, 2021.

The Honourable Omar Alghabra, P.C., M.P.
Minister of Transport

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2021

Whereas the Minister of Transport believes that the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2021 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Interim Order may be contained in a regulation made pursuant to paragraphs 35.1(1)(k)footnote h and 136(1)(f)footnote i of the Canada Shipping Act, 2001footnote j;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote j of the Canada Shipping Act, 2001 footnote j, makes the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2021.

Ottawa, April 28, 2021

Omar Alghabra
Minister of Transport

Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2021

Definitions

Definitions

1 The following definitions apply in this Interim Order.

buffer area
means the area that extends 5 nautical miles south of a dynamic shipping zone and that extends 2.5 nautical miles east and west of that zone and of the area that is 5 nautical miles south of that zone. (zone tampon)
dynamic shipping zone
means a zone described in Part 2 of the schedule. (zone de transport maritime dynamique)
Minister
means the Minister of Transport. (ministre)
navigational warning
means a communication identified as a navigational warning, or NAVWARN, that the Canadian Coast Guard publishes online or broadcasts. (avertissement de navigation)
restricted area
means the area that is within the southern static zone and that is described in Part 4 of the schedule. (zone de restriction)
right whale
means a North Atlantic right whale (Eubalaena glacialis). (baleine noire)
seasonal management area
means an area described in Part 3 of the schedule. (zone de gestion saisonnière)
static zone
means a zone described in Part 1 of the schedule. (zone statique)

Application

Vessels

2 (1) This Interim Order applies to vessels that are more than 13 m in length.

Non-application

(2) This Interim Order does not apply to a vessel in distress or providing assistance to a person or vessel in distress.

Definition of length

(3) For the purposes of subsection (1), length means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.

Static Zones

Speed limit

3 A vessel must not proceed at a speed in excess of 10 knots over ground within a static zone.

Exclusion — commercial fishing and ice clearing

4 (1) Subject to subsections (2) and (3), the following vessels are not subject to the speed limit set out in section 3:

Exception — right whale detection

(2) If a notice to fish harvesters states that at least one right whale has been detected in a static zone in waters that are not more than 36.57 m deep, the speed limit set out in section 3 applies to the vessels described in paragraph (1)(a) for 15 days after the day on which the notice comes into effect.

Extension

(3) If a new notice to fish harvesters with the same statement is published or broadcast during the last 7 days of the 15-day period, the speed limit continues to apply for a further 15 days after the day on which the new notice comes into effect.

Definition of notice to fish harvesters

(4) In this section, notice to fish harvesters means a communication identified as a notice to fish harvesters that the Department of Fisheries and Oceans publishes online.

Dynamic Shipping Zones

Right whale detection

5 (1) If the Minister detects at least one right whale in a dynamic shipping zone or in that zone's buffer area, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within that zone.

Speed limit

(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within the zone referred to in the navigational warning.

Duration

(3) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.

New detection — first 8 days

(4) The Minister's obligation under subsection (1) does not apply with respect to the detection of a right whale that occurs during the first 8 days of the 15-day period in the zone referred to in the navigational warning or in that zone's buffer area.

Clarification

(5) For greater certainty, if the Minister detects at least one right whale in the zone referred to in the navigational warning or in that zone's buffer area during the last 7 days of the 15-day period, the Minister must, under subsection (1), request the publication or broadcast of a new navigational warning and the speed limit continues to apply within that zone for a period of 15 days after the day on which the new navigational warning comes into effect.

Inability to conduct detection activities

6 (1) If the Government of Canada is unable for a period of at least 7 days to conduct right whale detection activities or to have those activities conducted on its behalf, in respect of a dynamic shipping zone or that zone's buffer area, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within that zone.

Speed limit

(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within the zone referred to in the navigational warning.

Detection activities resume

(3) When whale detection activities resume, the Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the speed limit no longer applies.

Duration

(4) The speed limit ceases to apply from the time that the new navigational warning comes into effect.

Seasonal Management Areas

Beginning of season

7 Until June 29, 2021, a vessel must not proceed at a speed in excess of 10 knots over ground within a seasonal management area.

End of season

8 (1) Beginning on June 30, 2021, if the Minister detects at least one right whale in a seasonal management area, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within that area.

Speed limit

(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within the area referred to in the navigational warning.

Duration

(3) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.

New detection — first 8 days

(4) The Minister's obligation under subsection (1) does not apply with respect to the detection of a right whale that occurs during the first 8 days of the 15-day period in the zone referred to in the navigational warning.

Clarification

(5) For greater certainty, if the Minister detects at least one right whale in the area referred to in the navigational warning during the last 7 days of the 15-day period, the Minister must, under subsection (1), request the publication or broadcast of a new navigational warning and the speed limit continues to apply within that area for a period of 15 days after the day on which the new navigational warning comes into effect.

Restricted Area

Restricted area

9 (1) The Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not navigate in the restricted area if the Minister determines that it is necessary to restrict navigation in that area for the purpose of protecting right whales due to either of the following factors:

Prohibition

(2) From the time that the navigational warning comes into effect, a vessel must not navigate in the restricted area.

End of prohibition

(3) The Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the prohibition under subsection (2) no longer applies if the Minister determines that it is no longer necessary to restrict navigation in the restricted area for the purpose of protecting right whales, due to either of the following factors:

Duration

(4) The prohibition no longer applies from the time that the new navigational warning comes into effect.

Exceptions

(5) Subsection (2) does not apply to any of the following vessels:

Speed limit

(6) Despite the speed limit set out in section 3, a vessel referred to in subsection (5), other than a vessel referred to in paragraph (5)(c), must not proceed at a speed in excess of 8 knots over ground within the restricted area while the prohibition under subsection (2) is in effect.

General Speed Limit

Report of death or injury

10 (1) If the Minister receives a report of the death or injury of at least one right whale in the Gulf of St. Lawrence, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that a vessel must not proceed at a speed in excess of 10 knots over ground within

Speed limit

(2) From the time that the navigational warning comes into effect, a vessel must not proceed at a speed in excess of 10 knots over ground within any area or zone referred to in the navigational warning.

Duration

(3) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.

Clarification

(4) For greater certainty, if the Minister receives a new report of the death or injury of at least one right whale in the Gulf of St. Lawrence during the 15-day period, the Minister must, under subsection (1), request the publication or broadcast of a new navigational warning and the speed limit applies within any area or zone referred to in the new navigational warning for a period of 15 days after the day on which the new navigational warning comes into effect.

Exception

Weather conditions

11 (1) If the Minister determines that, because of current or forecast weather conditions, the suspension of a speed limit or prohibition that is in effect under this Interim Order is necessary to maintain marine safety, the Minister must request that the Canadian Coast Guard publish or broadcast a navigational warning indicating that the speed limit or prohibition, as applicable, is suspended for the area or zone referred to in the navigational warning.

Suspension

(2) From the time that the navigational warning comes into effect, the speed limit or prohibition set out in the navigational warning is suspended for the area or zone specified in the navigational warning.

Improved weather conditions

(3) The Minister must request that the Canadian Coast Guard publish or broadcast a new navigational warning indicating that the navigational warning referred to in subsection (1) has ceased to have effect if the Minister determines that current or forecast weather conditions have improved such that the suspension is no longer necessary to maintain marine safety.

Duration

(4) The suspension referred to in subsection (2) applies until the time that the new navigational warning comes into effect.

Clarification

(5) For greater certainty, the suspension does not extend the duration of a speed limit.

Repeal

12 This Interim Order is repealed on November 15, 2021.

SCHEDULE

(Section 1)

Zones and Areas

PART 1
Static Zones

Northern Static Zone

The northern static zone is the area bounded by a line

Southern Static Zone

The southern static zone is the area bounded by a line

PART 2
Dynamic Shipping Zones

Dynamic Shipping Zone A

Dynamic shipping zone A is the area bounded by a line

Dynamic Shipping Zone B

Dynamic shipping zone B is the area bounded by a line

Dynamic Shipping Zone C

Dynamic shipping zone C is the area bounded by a line

Dynamic Shipping Zone D

Dynamic shipping zone D is the area bounded by a line

Dynamic Shipping Zone E

Dynamic shipping zone E is the area bounded by a line

PART 3
Seasonal Management Areas

Seasonal Management Area 1

Seasonal management area 1 is the area bounded by a line

Seasonal Management Area 2

Seasonal management area 2 is the area bounded by a line

PART 4
Restricted Area

The restricted area is the area bounded by a line

DEPARTMENT OF TRANSPORT

MARINE LIABILITY ACT

Ship-source Oil Pollution Fund

Pursuant to section 113footnote 1 of the Marine Liability Act (the Act) and the Marine Liability and Information Return Regulations made pursuant to paragraph 113(3)(b)footnote 1 of the Act, the amount of the levy in respect of payments into the Ship-source Oil Pollution Fund required by subsection 114.1(2)footnote 1 of the Act would be 55.05 cents if the levy were to be imposed or reimposed pursuant to subsection 114(1)footnote 1 of the Act during the fiscal year commencing April 1, 2021.

Omar Alghabra, P.C., M.P.
Minister of Transport

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

We are equally committed to providing a healthy workplace that supports one's dignity, self-esteem and the ability to work to one's full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.

Governor in Council appointment opportunities
Position Organization Closing date
Member Atlantic Pilotage Authority Canada  
Commissioner British Columbia Treaty Commission  
Director Business Development Bank of Canada  
President and Chief Executive Officer Business Development Bank of Canada  
Member Canada Council for the Arts  
Vice-Chairperson Canada Council for the Arts  
President and Chief Executive Officer Canada Development Investment Corporation  
Commissioner for Employers Canada Employment Insurance Commission  
Director Canada Infrastructure Bank  
Director Canada Mortgage and Housing Corporation  
Chairperson Canada-Nova Scotia Offshore Petroleum Board  
Member of the Board of Directors Canada Post  
Member Canadian Cultural Property Export Review Board  
Chairperson Canadian Dairy Commission  
Chief Executive Officer Canadian Dairy Commission  
Director Canadian Energy Regulator  
Federal Housing Advocate Canadian Human Rights Commission  
Chairperson Canadian Human Rights Tribunal  
Member Canadian Human Rights Tribunal  
Member Canadian Institutes of Health Research  
Chairperson Canadian Museum of History  
Director Canadian Museum of History  
Director Canadian Race Relations Foundation  
Chairperson Canadian Transportation Agency  
Temporary Member Canadian Transportation Agency  
Chairperson Destination Canada  
Director Destination Canada  
Director Farm Credit Canada  
Vice-Chairperson Federal Public Sector Labour Relations and Employment Board  
Director Freshwater Fish Marketing Corporation  
Member Great Lakes Pilotage Authority Canada  

Director
(Federal)

 Hamilton-Oshawa Port Authority  
Member, Yukon Historic Sites and Monuments Board of Canada  
Governor International Development Research Centre  
Member (appointment to roster) International Trade and International Investment Dispute Settlement Bodies  
Chairperson Laurentian Pilotage Authority Canada  
Director Marine Atlantic Inc.  
Chairperson Military Police Complaints Commission of Canada  
Member Military Police Complaints Commission of Canada  
Member National Arts Centre Corporation  
Member National Research Council Canada  
Member National Seniors Council  
Commissioner and Director Office of the Commissioner of Indigenous Languages  
Superintendent Office of the Superintendent of Financial Institutions Canada  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Director Public Sector Pension Investment Board of Canada  
Member Public Service Pension Advisory Committee  
Commissioner Roosevelt Campobello International Park Commission  
Chairperson Standards Council of Canada  
Registrar Supreme Court of Canada  

Director
(Federal)

 Toronto Port Authority  
Chairperson and Member Transportation Appeal Tribunal of Canada  
Vice-Chairperson Transportation Appeal Tribunal of Canada  

Director
(Federal)

 Trois-Rivières Port Authority