Canada Gazette, Part I, Volume 155, Number 51: GOVERNMENT NOTICES

December 18, 2021

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed Guidelines for Canadian Recreational Water Quality — Understanding and Managing Risks in Recreational Waters

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of proposed Guidelines for Canadian Recreational Water Quality — Understanding and Managing Risks in Recreational Waters. The proposed technical document for these guidelines is available for public comment from December 17, 2021, to February 15, 2022, on the Health-Related Consultations website. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments can be submitted by email to water-eau@hc-sc.gc.ca.

December 2021

Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Foreword

The Guidelines for Canadian Recreational Water Quality comprise multiple guideline technical documents that consider the various factors that could interfere with the safety of recreational waters from a human health perspective. They provide guideline values for specific parameters used to monitor water quality hazards, and recommend science-based monitoring and risk management strategies. Recreational waters are considered any natural fresh, marine or estuarine bodies of water that are used for recreational purposes; they include lakes, rivers, and human-made constructions (e.g. quarries, artificial lakes) that are filled with untreated natural waters. Jurisdictions may choose to apply these guidelines to other natural waters to which limited treatment is applied (e.g. short-term use of disinfection for an athletic event). However, in such situations, caution should be exercised in applying the guidelines, as indicator organisms are easier to eliminate by disinfection than other disease-causing microorganisms (e.g. protozoan pathogens). Recreational activities that could present a human health risk through intentional or incidental immersion and ingestion include primary contact activities (e.g. swimming, bathing, wading, windsurfing and waterskiing) and secondary contact activities (e.g. canoeing and fishing).

Each guideline technical document has been established based on current, published scientific research related to health effects, aesthetic effects, and beach management considerations. Recreational water quality generally falls under provincial and territorial jurisdiction; therefore, the policies and approaches will vary among jurisdictions. The guideline technical documents are intended to guide decisions by provincial and local authorities that are responsible for the management of recreational waters. For a complete list of the guideline technical documents, please refer to the Guidelines for Canadian Recreational Water Quality summary document on the Health Canada website.

Understanding and managing risks in recreational waters

The authority charged with the day-to-day oversight of the recreational water area generally has the most comprehensive knowledge of the area and is therefore in the best position to take the actions necessary to ensure safe water recreation. The management information in the Guidelines for Canadian Recreational Water Quality is more pertinent to managed beaches (either public or private); however, the same principles can be applied to any natural water area that has been designated as a recreational area. Effective recreational water management requires the cooperation of all stakeholders, including beach operators and service providers, governments, local businesses and industry, as well as users. All stakeholders are expected to become informed about their roles and responsibilities in the management of recreational waters.

The best strategy for protecting public health from the risks associated with recreational waters is a preventive risk management approach that focuses on the identification and control of water quality hazards and their associated risks, combined with microbial water quality assessments. Reactive management strategies that rely on microbial water quality monitoring alone are not sufficient to protect the health of recreational water users.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and orders on claims for exemption

A supplier can file a claim for exemption with Health Canada under the Hazardous Materials Information Review Act (HMIRA) from having to disclose information, under the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR), that they consider to be confidential business information (CBI) on a safety data sheet (SDS) or label associated with a hazardous product.

An employer can also file a claim for exemption under the HMIRA with Health Canada from having to disclose information, under the Canada Labour Code or the Accord Act, that they consider to be CBI on an SDS or label associated with a hazardous product.

Notice is hereby given of the decisions and orders on the validity of each claim for exemption, as well as the compliance of the relevant SDS and label (where applicable) with the HPA and the HPR. The details related to decisions that were found to be valid and the corrective measures that have been implemented voluntarily will not be published. Should a claimant, the general public, or anyone involved in the use or supply of hazardous products in the workplace wish to review or have concerns about a specific product, the corrective measures for the claim will be made available (in the official language of preference) upon request by contacting the Workplace Hazardous Materials Bureau by email: whmis.claim-demande.simdut@hc-sc.gc.ca.

However, information on orders issued and the associated non-compliances are provided in the tables contained in this notice (where applicable).

Lynn Berndt-Weis
Director
Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch

On March 18, 2020, the HMIRA was amended. Certain requirements were changed and provisions were updated to reflect the new HMIRA. The appeals process under the HMIRA has been removed and the related Hazardous Materials Information Review Act Appeal Board Procedures Regulations were repealed.

The claimant name on which a decision was issued for the following claims is different from the claimant name that was published in the Notice of Filing.

Table 1: Change in claimant name
Registry Number	Notice of filing publication date	Original claimant name	New claimant name
9584	2015-11-07	Akzo Nobel Surface Chemistry LLC	Nouryon Surface Chemistry LLC
10387	2016-11-05	Nalco Canada ULC	ChampionX Canada ULC
11281	2017-07-08	Houghton International	Quaker Houghton
12143	2018-07-21	Nalco Canada ULC	ChampionX Canada ULC

The subject of the claim on which a decision was issued for the following claims is different from the subject of the claim that was published in the Notice of Filing.

Table 2: Change in subject of the claim
Note: C.i. = chemical identity and C. = concentration
Registry Number	Notice of filing publication date	Original subject of the claim	Revised subject of the claim
9584	2015-11-07	C.i. of two ingredients	C.i. of five ingredients
10387	2016-11-05	C.i. and C. of one ingredient	C.i. of one ingredient
10583	2016-12-31	C.i. and C. of one ingredient	C.i. and C. of one ingredient C. of two ingredients
11524	2017-07-08	C.i. and C. of one ingredient	C.i. and C. of two ingredients
12242	2018-10-20	C.i. and C. of one ingredient C. of five ingredients	C.i. and C. of one ingredient C. of one ingredient

CLAIMS FOR EXEMPTION THAT ARE FOUND TO BE VALID AND FOR WHICH ALL CORRECTIVE MEASURES WERE IMPLEMENTED VOLUNTARILY

Each of the claims for exemption listed in the table below was found to be valid. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances and all the corrective measures were implemented voluntarily.

Table 3: Claims for exemption that are found to be valid and for which all corrective measures were implemented voluntarily
Registry Number	Claimant	Product identifier	Date of decision	Date of compliance
9935	Hach Company	DPD Free Chlorine Reagent	2021-03-29	2021-11-12
9959	Win Manuco Ltd.	Stirmox E/L/M	2021-03-31	2021-06-18
10387	ChampionX Canada ULC	SCAL06697A	2019-12-06	2021-11-04
10583	Baker Hughes Canada Company	SCW356 SCALE INHIBITOR	2021-03-29	2021-11-04
10948	Chemtrade Logistics INC.	NIAD I-2	2021-04-07	2021-06-18
10949	Chemtrade Logistics INC.	NIAD I-2S	2021-04-07	2021-06-18
11281	Quaker Houghton	EDM Micro-Fine 49	2021-06-16	2021-11-04
11363	Schlumberger Canada Limited	KI-3881	2021-03-31	2021-11-04
11524	Mid-Continental Dental Supply Co. Ltd.	17789456	2021-03-30	2021-11-12
11608	Halliburton Group Canada	Excelerate PS-3	2019-12-09	2021-11-04
12143	ChampionX Canada ULC	PROE27000A	2021-03-29	2021-11-15
12149	Flotek Chemistry	StimOil® B76	2021-03-29	2021-06-18
12242	Baker Hughes Canada Company	FORSA™ PAO2362 ASPHALTENE INHIBITOR	2021-06-16	2021-11-12

ORDERS ISSUED FOR THE CLAIMS FOR EXEMPTION

Each of the claims for exemption listed in the table below was issued an order under the Hazardous Materials Information Review Act.

Table 4: Orders issued for the claims for exemption
Registry Number	Claimant	Product identifier	Date of decision
9584	Nouryon Surface Chemistry LLC	REDICOTE® C-150AP	2019-12-10

A portion of the claims for exemption listed below was found to be invalid. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 14(1) of the Hazardous Materials Information Review Act in relation to the claim or portion of it that is not valid. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances, and all the corrective measures were implemented voluntarily.

Registry Number: 9584

Date of order: 2019-12-10

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote 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. 46.

Ottawa, November 26, 2021

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46

Interpretation

Definitions

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

aerodrome property: means, in respect of an aerodrome listed in Schedule 2, any air terminal buildings, restricted areas or facilities used for activities related to aircraft operations that are located at the aerodrome. (terrains de l’aérodrome)
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)
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)
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 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. (administration de contrôle)
screening officer,: except in section 2, has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

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:

(a) it is made of multiple layers of tightly woven materials such as cotton or linen;
(b) it completely covers a person’s nose, mouth and chin without gaping;
(c) it can be secured to a person’s head with ties or ear loops.

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

(a) the rest of the face mask is made of multiple layers of tightly woven materials such as cotton or linen; and
(b) there is a tight seal between the transparent material and the rest of the face mask.

Definition of fully vaccinated person

(6) For the purposes of this Interim Order, a fully vaccinated person means a person who completed, at least 14 days before the day on which they access aerodrome property or a location where NAV CANADA provides civil air navigation services, a COVID-19 vaccine dosage regimen if

(a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
(b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.

Interpretation — fully vaccinated person

(7) For greater certainty, for the purposes of the definition fully vaccinated person in subsection (6), a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.

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

(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, a screening officer or a quarantine officer, by the electronic means specified by that Minister, a suitable quarantine plan 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.

Vaccination

(3) 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 or before entering Canada, to the Minister of Health, a screening officer or a quarantine officer, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The private operator or air carrier must also notify every person that they may be denied permission to board the aircraft and may be liable to a fine if this requirement applies to them and they fail to comply with it.

False confirmation

(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 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.

Definitions

(5) The following definitions apply in this section.

quarantine officer: means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
screening officer: has the same meaning as in section 2 of the Quarantine Act. (agent de contrôle)

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 confirmation

(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:

(a) a crew member;
(b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

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:

(a) a fever;
(b) a cough;
(c) breathing difficulties.

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 be denied permission to board the aircraft if

(a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;
(b) they have, or suspect that they have, COVID-19;
(c) they have been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or
(d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

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:

(a) the person has, or suspects that they have, COVID-19;
(b) the person has been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19;
(c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

False confirmation — 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 confirmation — 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

(a) answer all questions; and
(b) not provide answers or a confirmation that they know to be false or misleading.

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

(a) the person’s answers to the health check questions indicate that they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
(b) the private operator or air carrier observes that, as the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
(c) the person’s confirmation under subsection 8(3) indicates that one of the situations described in paragraphs 8(3)(a), (b) or (c) applies to that person; or
(d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or to give the confirmation under subsection 8(3).

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 denial, 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

11 (1) Sections 12 to 17 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 12 to 17 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

12 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 be denied permission 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

13 (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

(a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the aircraft’s initial scheduled departure time; or
(b) a positive result for such a test that was performed on a specimen collected at least 14 days and no more than 180 days before the aircraft’s initial scheduled departure time.

Evidence — location of test

(2) 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

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

(a) the person’s name and date of birth;
(b) the name and civic address of the laboratory that administered the test;
(c) the date the specimen was collected and the test method used; and
(d) the test result.

False or misleading evidence

15 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

16 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

17 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 13.

Vaccination or COVID-19 Molecular Test — Flights Departing from an Aerodrome in Canada

Application

17.1 (1) Sections 17.2 to 17.17 apply to all of the following persons:

(a) a person boarding an aircraft for a flight that an air carrier operates departing from an aerodrome listed in Schedule 2;
(b) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight that an air carrier operates;
(c) an air carrier operating a flight departing from an aerodrome listed in Schedule 2;
(d) a screening authority at an aerodrome listed in Schedule 2.

Non-application

(2) Sections 17.2 to 17.17 do not apply to any of the following persons:

(a) a child who is less than 12 years and four months of age;
(b) a crew member;
(c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier
- (i) only to become a crew member on board another aircraft operated by an air carrier,
- (ii) after having been a crew member on board an aircraft operated by an air carrier, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member;
(d) a person who arrives at an aerodrome from any other country on board an aircraft in order to transit to another country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the aerodrome until they leave Canada;
(e) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who boards an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight.

Notification

17.2 An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that they

(a) are prohibited from boarding the aircraft unless they are a fully vaccinated person, have received a result for a COVID-19 molecular test or are a person referred to in subsection 17.4(2);
(b) will be required to confirm to the air carrier that they are a fully vaccinated person, have received a result for a COVID-19 molecular test or are a person referred to in subsection 17.4(2);
(c) may be required to provide to the air carrier evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person, evidence that they have received a result for a COVID-19 molecular test or evidence that they are a person referred to in subsection 17.4(2);
(d) may be denied permission to board the aircraft if a requirement referred to in paragraph (b) or (c) applies to them and they fail to comply with it, and, in the case of the requirement referred to in paragraph (c), may be denied permission to board any other aircraft for a flight departing from Canada for a period of 72 hours after the first denial; and
(e) may be liable to a monetary penalty if they provide a confirmation referred to in subsection 17.3(1) that they know to be false or misleading.

Confirmation

17.3 (1) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they

(a) are a fully vaccinated person;
(b) have received a result for a COVID-19 molecular test; or
(c) are a person referred to in subsection 17.4(2).

Exception

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

Exception — person less than 16 years of age

(3) Subsection (1) does not apply to a person who is less than 16 years of age and who is travelling alone.

Prohibition — person

17.4 (1) A person is prohibited from boarding an aircraft for a flight or entering a restricted area unless

(a) they are a fully vaccinated person; or
(b) they have received a result for a COVID-19 molecular test.

Exception

(2) Subsection (1) does not apply to a person who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country.

Request for evidence — air carrier

17.5 (1) Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to board an aircraft for a flight that the air carrier operates, the air carrier must request that each of those persons provide

(a) evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person;
(b) evidence that they have received a result for a COVID-19 molecular test; or
(c) evidence that they are a person referred to in subsection 17.4(2).

Person less than 16 years of age

(2) An air carrier must request that every person described in subsection 17.3(3) provide, before they board an aircraft for a flight that the air carrier operates, the evidence referred to in paragraph (1)(a), (b) or (c).

Request for evidence — screening authority

17.6 Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to enter a restricted area, the screening authority must request that each of those persons, when they present themselves for screening at a passenger screening checkpoint, provide the evidence referred to in paragraph 17.5(1)(a), (b) or (c).

Provision of evidence

17.7 A person must, at the request of an air carrier or a screening authority, provide to the air carrier or screening authority the evidence referred to in paragraph 17.5(1)(a), (b) or (c).

Evidence of vaccination — elements

17.8 (1) Evidence of COVID-19 vaccination must be evidence issued by the government or the non-governmental entity that is authorized to issue it in the jurisdiction in which the vaccine was administered and must contain the following information:

(a) the name of the person who received the vaccine;
(b) the name of the government or of the non-governmental entity;
(c) the brand name or any other information that identifies the vaccine that was administered; and
(d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document specifies only the date on which the most recent dose was administered, that date.

Evidence of vaccination — translation

(2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Evidence of COVID-19 molecular test — result

17.9 (1) A result for a COVID-19 molecular test is a result described in paragraph 13(1)(a) or (b).

Evidence of COVID-19 molecular test — elements

(2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(a) to (d).

Evidence — person referred to in subsection 17.4(2)

17.10 Evidence that the person is a person referred to in subsection 17.4(2) means a travel itinerary or boarding pass that shows that the initial scheduled departure time of the person’s flight to an aerodrome in Canada is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country.

False or misleading confirmation or evidence

17.11 A person must not provide a confirmation or evidence that they know to be false or misleading.

Notice to Minister

17.12 An air carrier or screening authority that has reason to believe that a person has provided a confirmation or evidence that is likely to be false or misleading must notify the Minister of the person’s name and contact information and the date and number of the person’s flight not more than 72 hours after the provision of the confirmation or evidence.

Prohibition — air carrier

17.13 (1) An air carrier must not permit a person to board an aircraft for a flight that the air carrier operates if

(a) the person is a competent adult and does not provide a confirmation that they are required to provide under section 17.3; or
(b) the person does not provide the evidence they are required to provide under section 17.7.

Notification to person

(2) An air carrier that denies a person permission to board an aircraft under paragraph (1)(b) must notify the person that

(a) they are not permitted to board an aircraft for a flight departing from Canada for a period of 72 hours after the denial; and
(b) the Minister will be informed of the denial.

Prohibition — screening authority

17.14 (1) A screening authority must not permit a person to enter a restricted area if the person does not provide the evidence they are required to provide under section 17.7.

Notification to person

(2) A screening authority that denies a person entry to a restricted area under subsection (1) must notify the person that

(a) they are not permitted to enter a restricted area at any aerodrome in Canada for a period of 72 hours after the denial; and
(b) the Minister will be informed of the denial.

Notification to air carrier

(3) If a screening authority denies a person entry to a restricted area, the screening authority must notify the air carrier operating the flight that the person has been denied entry and provide the person’s name and flight number to the air carrier.

Air carrier requirements

(4) An air carrier that has been notified under subsection (3) must ensure that the person is escorted to a location where they can retrieve their checked baggage, as defined in section 3 of the Canadian Aviation Security Regulations, 2012, if applicable.

Prohibition — boarding an aircraft

17.15 (1) A person who is denied permission to board an aircraft under paragraph 17.13(1)(b) is not permitted to board an aircraft for a flight departing from Canada for a period of 72 hours after the denial.

Prohibition — entry to restricted area

(2) A person who is denied entry to a restricted area under subsection 17.14(1) is not permitted to enter a restricted area at any aerodrome in Canada for a period of 72 hours after the denial.

Record keeping — air carrier

17.16 (1) An air carrier must keep a record of the following information in respect of a person each time the person is denied permission to board an aircraft under paragraph 17.13(1)(b):

(a) the person’s name and contact information, including the person’s home address, telephone number and email address;
(b) the date and flight number; and
(c) the reason why the person was denied permission to board the aircraft.

Retention

(2) The air carrier must retain the record for a period of at least 12 months after the date of the flight.

Ministerial request

(3) The air carrier must make the record available to the Minister on request.

Record keeping — screening authority

17.17 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.14(1):

(a) the person’s name;
(b) the date and flight number; and
(c) the reason why the person was denied entry to the restricted area.

Retention

(2) The screening authority must retain the record for a period of at least 12 months after the day on which it was created.

Ministerial request

(3) The screening authority must make the record available to the Minister on request.

[17.18 and 17.19 reserved]

Policy Respecting Mandatory Vaccination

Application

17.20 Sections 17.21 to 17.25 apply to

(a) the operator of an aerodrome listed in Schedule 2;
(b) an air carrier operating a flight departing from an aerodrome listed in Schedule 2, other than an air carrier who operates a commercial air service under Subpart 1 of Part VII of the Regulations; and
(c) NAV CANADA.

Definition of relevant person

17.21 (1) For the purposes of sections 17.22 to 17.25, relevant person, in respect of an entity referred to in section 17.20, means a person whose duties involve an activity described in subsection (2) and who is

(a) an employee of the entity;
(b) an employee of the entity’s contractor or agent or mandatary;
(c) a person hired by the entity to provide a service;
(d) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property; or
(e) a person permitted by the entity to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services.

Activities

(2) For the purposes of subsection (1), the activities are

(a) conducting or directly supporting activities that are related to commercial flight operations — such as aircraft refuelling services, aircraft maintenance and repair services, baggage handling services, supply services for the operator of an aerodrome, an air carrier or NAV CANADA, runway and taxiway maintenance services or de-icing services — and that take place on aerodrome property or at a location where NAV CANADA provides civil air navigation services;
(b) interacting in-person on aerodrome property with a person who intends to board an aircraft for a flight;
(c) engaging in tasks, on aerodrome property or at a location where NAV CANADA provides civil air navigation services, that are intended to reduce the risk of transmission of the virus that causes COVID-19; and
(d) accessing a restricted area at an aerodrome listed in Schedule 2.

Comprehensive policy — operators of aerodromes

17.22 (1) The operator of an aerodrome must establish and implement a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

Policy — content

(2) The policy must

(a) subject to paragraph (b), require that as of November 15, 2021, a person who is 12 years and four months of age or older be a fully vaccinated person before accessing aerodrome property, other than a person
- (i) who intends to board an aircraft for a flight that an air carrier operates,
- (ii) who does not intend to board an aircraft for a flight and who is accessing aerodrome property for leisure purposes or to accompany a person who intends to board an aircraft for a flight, or
- (iii) who is the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3;
(b) provide for a procedure for granting an exemption to a person referred to in paragraph (a) from the requirement to be a fully vaccinated person if the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious beliefs, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(c) provide for a procedure for issuing a document to a person who has been granted an exemption referred to in paragraph (b) that confirms the granting of the exemption;
(d) provide for a procedure that ensures that a person referred to in paragraph (a) provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.8, and
- (ii) in the case of a person who has been granted an exemption referred to in paragraph (b), the document issued to the person under the procedure referred to in paragraph (c);
(e) provide for a procedure that allows a person to whom sections 17.31 to 17.40 apply — other than a person referred to in subsection 17.34(2) — who is a fully vaccinated person or a person who has been granted an exemption referred to in paragraph (b) and who is unable to provide the evidence referred to in paragraph (d), to temporarily access aerodrome property if they provide a declaration confirming that they are a fully vaccinated person or that they have been granted the exemption;
(f) provide for a procedure that ensures that a person who has been granted an exemption referred to in paragraph (b) is tested for COVID-19 at least twice every week;
(g) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (f) receives a result for a COVID-19 molecular test;
(h) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (f) or (g) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later; and
(i) provide for a procedure that ensures that a person referred to in paragraph (h) is exempt from the requirement referred to in paragraph (f) for a period of 180 days after the person received a positive result for a COVID-19 molecular test.

Medical contraindication

(3) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a person on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner certifying that they cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

Religious belief

(4) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a person on the basis of their sincerely held religious belief only if they submit an attestation, sworn by them, that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious beliefs.

Canadian Human Rights Act

(5) For the purposes of subparagraph (2)(b)(i), in the case of an employee of the operator of an aerodrome or a person hired by the operator of an aerodrome to provide a service, the policy must provide that an exemption is to be granted to a person on the basis of their sincerely held religious beliefs only if the operator of the aerodrome is obligated to accommodate them on the basis of this ground under the Canadian Human Rights Act by providing such an exemption.

Applicable legislation

(6) For the purposes of subparagraph (2)(b)(i), in the following cases, the policy must provide that an exemption is to be granted to a person on the basis of their sincerely held religious beliefs only if they would be entitled to such an exemption as an accommodation on the basis of this ground under applicable legislation:

(a) in the case of an employee of the operator of an aerodrome’s contractor or agent or mandatary; and
(b) in the case of an employee of the operator of an aerodrome’s lessee, if the property that is subject to the lease is part of aerodrome property.

Comprehensive policy — air carriers and NAV CANADA

17.23 Section 17.24 does not apply to an air carrier or NAV CANADA if that entity

(a) establishes and implements a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with paragraphs 17.24(2)(a) to (h) and subsections 17.24(3) to (6); and
(b) has procedures in place to ensure that while a relevant person is carrying out their duties related to commercial flight operations, no in-person interactions occur between the relevant person and an unvaccinated person who has not been granted an exemption referred to in paragraph 17.24(2)(b) and who is
- (i) an employee of the entity,
- (ii) an employee of the entity’s contractor or agent or mandatary,
- (iii) a person hired by the entity to provide a service, or
- (iv) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Targeted policy — air carriers and NAV CANADA

17.24 (1) An air carrier or NAV CANADA must establish and implement a targeted policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

Policy — content

(2) The policy must

(a) subject to paragraph (b), require that as of November 15, 2021, a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3, be a fully vaccinated person before accessing aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services;
(b) provide for a procedure for granting an exemption to a relevant person from the requirement to be a fully vaccinated person if the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious beliefs, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(c) provide for a procedure for issuing a document to a relevant person who has been granted an exemption referred to in paragraph (b) that confirms the granting of the exemption;
(d) provide for a procedure that ensures that a relevant person provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.8, and
- (ii) in the case of a relevant person who has been granted an exemption referred to in paragraph (b), the document issued to the relevant person under the procedure referred to in paragraph (c);
(e) provide for a procedure that ensures that a relevant person who has been granted an exemption referred to in paragraph (b) is tested for COVID-19 at least twice every week;
(f) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (e) receives a result for a COVID-19 molecular test;
(g) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (e) or (f) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the relevant person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later;
(h) provide for a procedure that ensures that a relevant person referred to in paragraph (g) is exempt from the requirement referred to in paragraph (e) for a period of 180 days after the relevant person received a positive result for a COVID-19 molecular test;
(i) set out procedures for reducing the risk that a relevant person will be exposed to the virus that causes COVID-19 due to an in-person interaction occurring on aerodrome property or at a location where NAV CANADA provides civil air navigation services with an unvaccinated person who has not been granted an exemption under paragraph (b) and who is a person referred to in subparagraph 17.23(b)(i), (ii), (iii) or (iv), which may include protocols related to
- (i) the vaccination of persons, other than relevant persons, who access aerodrome property or a location where NAV CANADA provides civil air navigation services,
- (ii) physical distancing and the wearing of face masks, and
- (iii) reducing the frequency and duration of in-person interactions;
(j) establish a procedure for collecting the following information with respect to an in-person interaction related to commercial flight operations between a relevant person and a person referred to in subparagraph 17.23(b)(i), (ii), (iii) or (iv) who is unvaccinated and has not been granted an exemption under paragraph (b) or whose vaccination status is unknown:
- (i) the time, date and location of the interaction, and
- (ii) contact information for the relevant person and the other person;
(k) establish a procedure for recording the following information and submitting it to the Minister on request:
- (i) the number of relevant persons who are subject to the entity’s policy,
- (ii) the number of relevant persons who require access to a restricted area,
- (iii) the number of relevant persons who
  - (A) are fully vaccinated persons,
  - (B) have received the first dose of a COVID-19 vaccine dosage regimen, and
  - (C) are unvaccinated persons,
- (iv) the number of hours during which relevant persons were unable to fulfill their duties related to commercial flight operations due to COVID-19,
- (v) the number of relevant persons who have been granted an exemption referred to in paragraph (b), the reason for granting the exemption and a confirmation that the relevant persons have submitted evidence of COVID-19 tests in accordance with the requirements referred to in paragraphs (e) and (f),
- (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (e), (f) or (g),
- (vii) the number of relevant persons who were denied entry to a restricted area because of a refusal to comply with a requirement referred to in paragraph (a), (e), (f) or (g),
- (viii) the number of persons referred to in subparagraphs 17.23(b)(i) to (iv) who are unvaccinated and who have not been granted an exemption under paragraph (b), or whose vaccination status is unknown, who have an in-person interaction related to commercial flight operations with a relevant person and a description of any procedures implemented to reduce the risk that a relevant person will be exposed to the virus that causes COVID-19 due to such an interaction, and
- (ix) the number of instances in which the air carrier or NAV CANADA, as applicable, is made aware that a person with respect to whom information was collected under paragraph (j) received a positive result for a COVID-19 test, the number of relevant persons tested for COVID-19 as a result of this information, the results of those tests and a description of any impacts on commercial flight operations; and
(l) require the air carrier or NAV CANADA, as applicable, to keep the information referred to in paragraph (k) for a period of at least 12 months after the date that the information was recorded.

Medical contraindication

(3) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a relevant person on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner certifying that they cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

Religious belief

(4) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a relevant person on the basis of their sincerely held religious belief only if they submit an attestation, sworn by them, that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious beliefs.

Canadian Human Rights Act

(5) For the purposes of subparagraph (2)(b)(i), in the case of an employee of an entity or a person hired by an entity to provide a service, the policy must provide that an exemption is to be granted to a relevant person on the basis of their sincerely held religious beliefs only if the entity is obligated to accommodate the relevant person on the basis of this ground under the Canadian Human Rights Act by providing such an exemption.

Applicable legislation

(6) For the purposes of subparagraph (2)(b)(i), in the following cases, the policy must provide that an exemption is to be granted to a relevant person on the basis of their sincerely held religious beliefs only if they would be entitled to such an exemption as an accommodation on the basis of this ground under applicable legislation:

(a) in the case of an employee of an entity’s contractor or agent or mandatary; and
(b) in the case of an employee of an entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Ministerial request — policy

17.25 (1) The operator of an aerodrome, an air carrier or NAV CANADA must make a copy of the policy referred to in section 17.22, 17.23 or 17.24, as applicable, available to the Minister on request.

Ministerial request — implementation

(2) The operator of an aerodrome, an air carrier or NAV CANADA must make information related to the implementation of the policy referred to in section 17.22, 17.23 or 17.24, as applicable, available to the Minister on request.

[17.26 to 17.29 reserved]

Vaccination — Aerodromes in Canada

Application

17.30 (1) Sections 17.31 to 17.40 apply to all of the following persons:

(a) subject to paragraph (c), a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area for a reason other than to board aircraft for a flight;
(b) a crew member entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations;
(c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight
- (i) only to become a crew member on board another aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations,
- (ii) after having been a crew member on board an aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft operated under Subpart 3, 4 or 5 of Part VII of the Regulations, if the person will be required to return to work as a crew member;
(d) a screening authority at an aerodrome where persons other than passengers are screened or can be screened;
(e) the operator of an aerodrome listed in Schedule 2.

Non-application

(2) Sections 17.31 to 17.40 do not apply to any of the following persons:

(a) a child who is less than 12 years and four months of age;
(b) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who enters a restricted area to board an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight;
(c) a member of emergency response provider personnel who is responding to an emergency;
(d) a peace officer who is responding to an emergency;
(e) the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3.

Prohibition

17.31 (1) A person must not enter a restricted area of an aerodrome unless they are a fully vaccinated person.

Exception

(2) Subsection (1) does not apply to a person who has been granted an exemption referred to in paragraph 17.22(2)(b) or 17.24(2)(b).

Provision of evidence

17.32 A person must provide to a screening authority or the operator of an aerodrome, on their request,

(a) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.8, and
(b) in the case of a person who has been granted an exemption referred to in paragraph 17.22(2)(b) or 17.24(2)(b), the document issued to the person under paragraph 17.22(2)(c) or 17.24(2)(c), as applicable.

Request for evidence

17.33 Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to enter a restricted area, the screening authority must request that each of those persons, when they present themselves for screening at a non-passenger screening checkpoint or a passenger screening checkpoint, provide the evidence referred to in paragraph 17.32(a) or (b).

Declaration

17.34 (1) A person who is a fully vaccinated person or has been granted an exemption referred to in paragraph 17.22(2)(b) and who is unable, following a request to provide evidence under section 17.33, to provide the evidence, may

(a) sign a declaration confirming that they are a fully vaccinated person or that they have been granted an exemption referred to in paragraph 17.22(2)(b); or
(b) if the person has signed a declaration under paragraph (a) no more than seven days before the day on which the request to provide evidence is made, provide that declaration.

Exception

(2) Subsection (1) does not apply to the holder of a document of entitlement that expires within seven days after the day on which the request to provide evidence under section 17.33 is made.

Notification to aerodrome operator

(3) If a person signs a declaration referred to in paragraph (1)(a), the screening authority must notify the operator of the aerodrome as soon as feasible of the person’s name and the number or identifier of the person’s document of entitlement.

Provision of evidence

(4) A person who signed a declaration under paragraph (1)(a) must provide the evidence referred to in paragraph 17.32(a) or (b) to the operator of the aerodrome within seven days after the day on which the declaration is signed.

Suspension of restricted area access

(5) An operator of an aerodrome must ensure that the restricted area access of a person who does not provide the evidence within seven days as required under subsection (4) is suspended until the person provides the evidence.

Record keeping — suspension

17.35 (1) The operator of the aerodrome must keep a record of the following information in respect of a person each time the restricted area access of the person is suspended under subsection 17.34(5):

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement;
(c) the date of the suspension; and
(d) the reason for the suspension.

Retention

(2) The operator must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The operator of the aerodrome must make the record available to the Minister on request.

Prohibition

17.36 (1) A screening authority must deny entry to a restricted area if a person, following a request to provide evidence under section 17.33, does not provide the evidence or, if applicable, does not sign or provide a declaration under subsection 17.34(1).

Notification to aerodrome operator

(2) If a screening authority denies entry to a restricted area it must notify the operator of the aerodrome as soon as feasible of the person’s name and, if applicable, the number or identifier of the person’s document of entitlement.

False or misleading evidence

17.37 A person must not provide evidence that they know to be false or misleading.

Notice to Minister

17.38 A screening authority or the operator of an aerodrome that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the person’s name and, if applicable, the number or identifier of the person’s document of entitlement no later than 72 hours after the provision of the evidence.

Record keeping — denial of entry

17.39 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.36(1):

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable;
(c) the date on which the person was denied entry and the location; and
(d) the reason why the person was denied entry to the restricted area.

Retention

(2) The screening authority must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The screening authority must make the record available to the Minister on request.

Requirement to establish and implement

17.40 The operator of an aerodrome must ensure that a document of entitlement is only issued to a fully vaccinated person or a person who has been granted an exemption referred to in paragraph 17.22(2)(b).

Face Masks

Non-application

18 (1) Sections 19 to 24 do not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a face mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their face mask without assistance;
(f) a crew member;
(g) a gate agent.

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 21 and complies with any instructions given by a gate agent under section 22 if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a face mask; or
(b) is at least six years of age.

Notification

19 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

(a) be in possession of a face mask before boarding;
(b) wear the face mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
(c) comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Obligation to possess face mask

20 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

21 (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

(a) when the safety of the person could be endangered by wearing a face mask;
(b) when the person is drinking or eating, unless a crew member instructs the person to wear a face mask;
(c) when the person is taking oral medications;
(d) when a gate agent or a crew member authorizes the removal of the face mask to address unforeseen circumstances or the person’s special needs; or
(e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the face mask to verify the person’s identity.

Exceptions — flight deck

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

(a) a Department of Transport air carrier inspector;
(b) an inspector of the civil aviation authority of the state where the aircraft is registered;
(c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
(d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
(e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.

Compliance

22 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

23 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

(a) the person is not in possession of a face mask; or
(b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.

Refusal to comply

24 (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

(a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,
- (iii) the person’s seat number, and
- (iv) the circumstances related to the refusal to comply; and
(b) inform the Minister as soon as feasible of any record created under paragraph (a).

Retention period

(2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.

Ministerial request

(3) The private operator or air carrier must make the record available to the Minister on request.

Wearing of face mask — crew member

25 (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

(a) when the safety of the crew member could be endangered by wearing a face mask;
(b) when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or
(c) when the crew member is drinking, eating or taking oral medications.

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

26 (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

(a) when the safety of the gate agent could be endangered by wearing a face mask; or
(b) when the gate agent is drinking, eating or taking oral medications.

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

27 (1) Section 28 does not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a face mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their face mask without assistance;
(f) a person who is on a flight that originates in Canada and is destined to another country.

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 28 if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a face mask; or
(b) is at least six years of age.

Wearing of face mask — person

28 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

Non-application

29 (1) Sections 30 to 33 do not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a face mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their face mask without assistance;
(f) a member of emergency response provider personnel who is responding to an emergency;
(g) a peace officer who is responding to an emergency.

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 subsection 30(2) and removes it when required by a screening officer to do so under subsection 30(3) if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a face mask; or
(b) is at least six years of age.

Requirement — passenger screening checkpoint

30 (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

31 (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

(a) when the safety of the screening officer could be endangered by wearing a face mask; or
(b) when the screening officer is drinking, eating or taking oral medications.

Exception — physical barrier

32 Sections 30 and 31 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

33 (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

34 (1) The provisions of this Interim Order set out in column 1 of Schedule 4 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 4 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

(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 45, made on November 23, 2021, is repealed.

SCHEDULE 1

(Subsection 13(2))

Countries and Territories
Item	Name
1	Botswana
2	Eswatini
3	India
4	Lesotho
5	Morocco
6	Mozambique
7	Namibia
8	South Africa
9	Zimbabwe

SCHEDULE 2

(Subsections 1(1) and 17.1(1) and paragraphs 17.1(2)(c), 17.20(a) and (b), 17.21(2)(d) and 17.30(1)(a) to (c) and (e))

Aerodromes
Name	ICAO Location Indicator
Abbotsford International	CYXX
Alma	CYTF
Bagotville	CYBG
Baie-Comeau	CYBC
Bathurst	CZBF
Brandon Municipal	CYBR
Calgary International	CYYC
Campbell River	CYBL
Castlegar (West Kootenay Regional)	CYCG
Charlo	CYCL
Charlottetown	CYYG
Chibougamau/Chapais	CYMT
Churchill Falls	CZUM
Comox	CYQQ
Cranbrook (Canadian Rockies International)	CYXC
Dawson Creek	CYDQ
Deer Lake	CYDF
Edmonton International	CYEG
Fort McMurray	CYMM
Fort St. John	CYXJ
Fredericton International	CYFC
Gander International	CYQX
Gaspé	CYGP
Goose Bay	CYYR
Grande Prairie	CYQU
Greater Moncton International	CYQM
Halifax (Robert L. Stanfield International)	CYHZ
Hamilton (John C. Munro International)	CYHM
Îles-de-la-Madeleine	CYGR
Iqaluit	CYFB
Kamloops	CYKA
Kelowna	CYLW
Kingston	CYGK
Kitchener/Waterloo Regional	CYKF
La Grande Rivière	CYGL
Lethbridge	CYQL
Lloydminster	CYLL
London	CYXU
Lourdes-de-Blanc-Sablon	CYBX
Medicine Hat	CYXH
Mont-Joli	CYYY
Montréal (Montréal — Pierre Elliott Trudeau International)	CYUL
Nanaimo	CYCD
North Bay	CYYB
Ottawa (Macdonald-Cartier International)	CYOW
Penticton	CYYF
Prince Albert (Glass Field)	CYPA
Prince George	CYXS
Prince Rupert	CYPR
Québec (Jean Lesage International)	CYQB
Quesnel	CYQZ
Red Deer Regional	CYQF
Regina International	CYQR
Rivière-Rouge/Mont-Tremblant International	CYFJ
Rouyn-Noranda	CYUY
Saint John	CYSJ
Sarnia (Chris Hadfield)	CYZR
Saskatoon (John G. Diefenbaker International)	CYXE
Sault Ste. Marie	CYAM
Sept-Îles	CYZV
Smithers	CYYD
St. Anthony	CYAY
St. John’s International	CYYT
Stephenville	CYJT
Sudbury	CYSB
Sydney (J.A. Douglas McCurdy)	CYQY
Terrace	CYXT
Thompson	CYTH
Thunder Bay	CYQT
Timmins (Victor M. Power)	CYTS
Toronto (Billy Bishop Toronto City)	CYTZ
Toronto (Lester B. Pearson International)	CYYZ
Toronto/Buttonville Municipal	CYKZ
Val-d’Or	CYVO
Vancouver International	CYVR
Victoria International	CYYJ
Wabush	CYWK
Whitehorse (Erik Nielsen International)	CYXY
Williams Lake	CYWL
Windsor	CYQG
Winnipeg (James Armstrong Richardson International)	CYWG
Yellowknife	CYZF

SCHEDULE 3

(Subparagraph 17.22(2)(a)(iii) and paragraphs 17.24(2)(a) and 17.30(2)(e))

Departments and Departmental Corporations
Name
Canada Border Services Agency
Correctional Service of Canada
Department of Agriculture and Agri-Food
Department of Fisheries and Oceans
Department of Health
Department of the Environment
Department of Transport
Public Health Agency of Canada
Royal Canadian Mounted Police

SCHEDULE 4

(Subsections 34(1) and (2))

Designated Provisions
Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
Column 1 Designated Provision	Individual	Corporation
Subsection 2(1)	5,000	25,000
Subsection 2(2)	5,000	25,000
Subsection 2(3)	5,000	25,000
Subsection 2(4)	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 12	5,000	25,000
Subsection 13(1)	5,000
Section 15	5,000
Section 16	5,000	25,000
Section 17	5,000	25,000
Section 17.2		25,000
Subsection 17.3(1)	5,000
Subsection 17.4(1)	5,000
Subsection 17.5(1)		25,000
Subsection 17.5(2)		25,000
Section 17.6		25,000
Section 17.7	5,000
Section 17.11	5,000
Section 17.12		25,000
Subsection 17.13(1)		25,000
Subsection 17.13(2)		25,000
Subsection 17.14(1)		25,000
Subsection 17.14(2)		25,000
Subsection 17.14(3)		25,000
Subsection 17.14(4)		25,000
Subsection 17.15(1)	5,000
Subsection 17.15(2)	5,000
Subsection 17.16(1)		25,000
Subsection 17.16(2)		25,000
Subsection 17.16(3)		25,000
Subsection 17.17(1)		25,000
Subsection 17.17(2)		25,000
Subsection 17.17(3)		25,000
Subsection 17.22(1)		25,000
Subsection 17.24(1)		25,000
Subsection 17.25(1)		25,000
Subsection 17.25(2)		25,000
Subsection 17.31(1)	5,000
Section 17.32	5,000
Section 17.33		25,000
Subsection 17.34(3)		25,000
Subsection 17.34(4)	5,000
Subsection 17.34(5)		25,000
Subsection 17.35(1)		25,000
Subsection 17.35(2)		25,000
Subsection 17.35(3)		25,000
Subsection 17.36(1)		25,000
Subsection 17.36(2)		25,000
Section 17.37	5,000
Section 17.38		25,000
Subsection 17.39(1)		25,000
Subsection 17.39(2)		25,000
Subsection 17.39(3)		25,000
Section 17.40		25,000
Subsection 18(2)	5,000
Subsection 18(3)	5,000
Section 19	5,000	25,000
Section 20	5,000
Subsection 21(1)	5,000	25,000
Section 22	5,000
Section 23	5,000	25,000
Subsection 24(1)	5,000	25,000
Subsection 24(2)	5,000	25,000
Subsection 24(3)	5,000	25,000
Subsection 25(1)	5,000	25,000
Subsection 26(1)	5,000	25,000
Subsection 27(2)	5,000
Section 28	5,000
Subsection 29(2)	5,000
Subsection 30(1)		25,000
Subsection 30(2)	5,000
Subsection 30(3)	5,000
Subsection 30(4)	5,000
Subsection 31(1)	5,000
Subsection 31(2)	5,000
Subsection 33(1)		25,000
Subsection 33(2)		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 47

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 47 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Ottawa, November 30, 2021

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 47

Interpretation

Definitions

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

accredited person: means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
aerodrome property: means, in respect of an aerodrome listed in Schedule 2, any air terminal buildings, restricted areas or facilities used for activities related to aircraft operations that are located at the aerodrome. (terrains de l’aérodrome)
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)
Canadian Forces: means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
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)
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)
operator of an aerodrome: means the person in charge of an aerodrome where activities related to civil aviation are conducted and includes an employee, agent or mandatary or other authorized representative of that person. (exploitant)
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 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. (administration de contrôle)
screening officer,: except in section 2, has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

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 mask

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

(a) it is made of multiple layers of tightly woven materials such as cotton or linen;
(b) it completely covers a person’s nose, mouth and chin without gaping;
(c) it can be secured to a person’s head with ties or ear loops.

Masks — lip reading

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

(a) the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and
(b) there is a tight seal between the transparent material and the rest of the mask.

Definition of fully vaccinated person

(a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
(b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.

Interpretation — fully vaccinated person

Notification

Federal, provincial and territorial measures

Suitable quarantine plan

Vaccination

False confirmation

Definitions

(5) The following definitions apply in this section.

quarantine officer: means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
screening officer: has the same meaning as in section 2 of the Quarantine Act. (agent de contrôle)

Confirmation

Federal, provincial and territorial measures

False confirmation

(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

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:

(a) a crew member;
(b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Health check

(a) a fever;
(b) a cough;
(c) breathing difficulties.

Notification

(a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;
(b) they have, or have reasonable grounds to suspect that they have, COVID-19;
(c) they have been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or
(d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

Confirmation

(a) the person has, or has reasonable grounds to suspect that they have, COVID-19;
(b) the person has been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19;
(c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

False confirmation — obligation of private operator or air carrier

False confirmation — 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

(a) answer all questions; and
(b) not provide answers or a confirmation that they know to be false or misleading.

Exception

Observations — private operator or air carrier

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

(a) the person’s answers to the health check questions indicate that they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
(b) the private operator or air carrier observes that, as the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
(c) the person’s confirmation under subsection 8(3) indicates that one of the situations described in paragraphs 8(3)(a), (b) or (c) applies to that person; or
(d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or to give the confirmation under subsection 8(3).

Period of 14 days

COVID-19 Molecular Test — Flights to Canada

Application

11 (1) Sections 12 to 17 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

Notification

Evidence — result of test

13 (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

(a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time; or
(b) a positive result for such a test that was performed on a specimen collected at least 14 days and no more than 180 days before the flight’s initial scheduled departure time.

Evidence — location of test

(2) 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

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

(a) the person’s name and date of birth;
(b) the name and civic address of the laboratory that administered the test;
(c) the date the specimen was collected and the test method used; and
(d) the test result.

False or misleading evidence

15 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

Prohibition

Vaccination — Flights Departing from an Aerodrome in Canada

Application

17.1 (1) Sections 17.2 to 17.18 apply to all of the following persons:

(a) a person boarding an aircraft for a flight that an air carrier operates departing from an aerodrome listed in Schedule 2;
(b) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight that an air carrier operates;
(c) an air carrier operating a flight departing from an aerodrome listed in Schedule 2;
(d) a screening authority at an aerodrome listed in Schedule 2.

Non-application

(2) Sections 17.2 to 17.18 do not apply to any of the following persons:

(a) a child who is less than 12 years and four months of age;
(b) a crew member;
(c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier
- (i) only to become a crew member on board another aircraft operated by an air carrier,
- (ii) after having been a crew member on board an aircraft operated by an air carrier, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member;
(d) a person who arrives at an aerodrome from any other country on board an aircraft in order to transit to another country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the aerodrome until they leave Canada;
(e) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who boards an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight.

Notification

17.2 An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that

(a) they must be a fully vaccinated person or a person referred to in any of paragraphs 17.3(2)(a) to (c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii);
(b) they must provide to the air carrier evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person or evidence that they are a person referred to in any of paragraphs 17.3(2)(a) to (c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii); and
(c) if they submit a request referred to in section 17.4, they must do so within the period set out in subsection 17.4(3).

Prohibition — person

17.3 (1) A person is prohibited from boarding an aircraft for a flight or entering a restricted area unless they are a fully vaccinated person.

Exception

(2) Subsection (1) does not apply to

(a) a foreign national, other than a person registered as an Indian under the Indian Act, who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country;
(b) a permanent resident who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country for the purpose of entering Canada to become a permanent resident;
(c) a foreign national who has received a result for a COVID-19 molecular test described in paragraph 13(1)(a) or (b) and who is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada;
(d) a person who has received a result for a COVID-19 molecular test described in paragraph 13(1)(a) or (b) and who is
- (i) a person who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
- (ii) a person who has not completed a COVID-19 vaccine dosage regimen due to a sincerely held religious belief and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
- (iii) a person who is boarding an aircraft for a flight for the purpose of attending an appointment for an essential medical service or treatment, or
- (iv) a competent person who is at least 18 years old and who is boarding an aircraft for a flight for the purpose of accompanying a person referred to in subparagraph (iii) if the person needs to be accompanied because they
  - (A) are under the age of 18 years,
  - (B) have a disability, or
  - (C) need assistance to communicate; or
(e) a person who has received a result for a COVID-19 molecular test described in paragraph 13(1)(a) or (b) and who is boarding an aircraft for a flight for a purpose other than an optional or discretionary purpose, such as tourism, recreation or leisure, and who is
- (i) a person who entered Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response,
- (ii) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who entered Canada for the purpose of providing those services,
- (iii) a person who entered Canada not more than 90 days before the day on which this Interim Order came into effect and who, at the time they sought to enter Canada,
  - (A) held a permanent resident visa issued under subsection 139(1) of the Immigration and Refugee Protection Regulations, and
  - (B) was recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations,
- (iv) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who entered Canada not more than 90 days before the day on which this Interim Order came into effect as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations,
- (v) an accredited person,
- (vi) a person holding a D1, O1 or C1 visa who entered Canada to take up a post and become an accredited person, or
- (vii) a diplomatic or consular courier.

Persons — subparagraphs 17.3(2)(d)(i) to (iv)

17.4 (1) An air carrier must issue a document to a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv) who intends to board an aircraft for a flight that the air carrier operates or that is operated on the air carrier’s behalf under a commercial agreement if

(a) in the case of a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iii), the person submits a request to the air carrier in respect of that flight in accordance with subsections (2) and (3) or such a request is submitted on their behalf;
(b) in the case of a person referred to in subparagraph 17.3(2)(d)(i) or (ii), the air carrier is obligated to accommodate the person on the basis of a medical contraindication or a sincerely held religious belief under applicable legislation by issuing the document; and
(c) in the case of a person referred to in subparagraph 17.3(2)(d)(iv), the person who needs accompaniment submits a request to the air carrier in respect of that flight in accordance with subsections (2) and (3) or such a request is submitted on their behalf.

Request — contents

(2) The request must be signed by the requester and include the following:

(a) the person’s name and home address and, if the request is made by someone else on the person’s behalf, that person’s name and home address;
(b) the date and number of the flight as well as the aerodrome of departure and the aerodrome of arrival;
(c) in the case of a person described in subparagraph 17.3(2)(d)(i),
- (i) a document issued by the government of a province confirming that the person cannot complete a COVID-19 vaccination regimen due to a medical condition, or
- (ii) a medical certificate signed by a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and the licence number issued by a professional medical licensing body to the medical doctor or nurse practitioner;
(d) in the case of a person described in subparagraph 17.3(2)(d)(ii), a statement sworn or affirmed by the person before a person appointed as a commissioner of oaths in Canada attesting that the person has not completed a COVID-19 vaccination regimen due to a sincerely held religious belief, including a description of how the belief renders them unable to complete such a regimen; and
(e) in the case of a person described in subparagraph 17.3(2)(d)(iii), a document that includes
- (i) the signature of a medical doctor or nurse practitioner who is licensed to practise in Canada,
- (ii) the licence number issued by a professional medical licensing body to the medical doctor or nurse practitioner,
- (iii) the date of the appointment for the essential medical service or treatment and the location of the appointment,
- (iv) the date on which the document was signed, and
- (v) if the person needs to be accompanied by a person referred to in subparagraph 17.3(2)(d)(iv), the name and contact information of that person and the reason that the accompaniment is needed.

Timing of request

(3) The request must be submitted to the air carrier

(a) in the case of a person referred to in subparagraph 17.3(2)(d)(i) or (ii), 21 days before the day on which the flight is initially scheduled to depart; and
(b) in the case of a person referred to in subparagraph 17.3(2)(d)(iii) or (iv), 14 days before the day on which the flight is initially scheduled to depart.

Special circumstances

(4) In special circumstances, an air carrier may issue the document referred to in subsection (1) in response to a request submitted after the period referred to in subsection (3).

Content of document

(5) The document referred to in subsection (1) must include

(a) a confirmation that the air carrier has verified that the person is a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv); and
(b) the date and number of the flight as well as the aerodrome of departure and the aerodrome of arrival.

Record keeping

17.5 (1) An air carrier must keep a record of the following information:

(a) the number of requests that the air carrier has received in respect of each exception referred to in subparagraphs 17.3(2)(d)(i) to (iv);
(b) the number of documents issued under subsection 17.4(1); and
(c) the number of requests that the air carrier denied.

Retention

(2) An air carrier must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The air carrier must make the record available to the Minister on request.

Copies of requests

17.6 (1) An air carrier must keep a copy of a request for a period of at least 90 days after the day on which the air carrier issued a document under subsection 17.4(1) or refused to issue the document.

Ministerial request

(2) The air carrier must make the copy available to the Minister on request.

Request for evidence — air carrier

17.7 Before permitting a person to board an aircraft for a flight that the air carrier operates, the air carrier must request that the person provide

(a) evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person;
(b) evidence that they are a person referred to in paragraph 17.3(2)(a) or (b); or
(c) evidence that they are a person referred to in paragraph 17.3(2)(c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii) and that they have received a result for a COVID-19 molecular test.

Request for evidence — screening authority

17.8 Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to enter a restricted area, the screening authority must request that each of those persons, when they present themselves for screening at a passenger screening checkpoint, provide the evidence referred to in paragraph 17.7(a), (b) or (c).

Provision of evidence

17.9 A person must, at the request of an air carrier or a screening authority, provide to the air carrier or screening authority the evidence referred to in paragraph 17.7(a), (b) or (c).

Evidence of vaccination — elements

17.10 (1) Evidence of COVID-19 vaccination must be evidence issued by a non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, by a government or by an entity authorized by a government, and must contain the following information:

(a) the name of the person who received the vaccine;
(b) the name of the government or of the entity;
(c) the brand name or any other information that identifies the vaccine that was administered; and
(d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document specifies only the date on which the most recent dose was administered, that date.

Evidence of vaccination — translation

(2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Evidence of COVID-19 molecular test — result

17.11 (1) A result for a COVID-19 molecular test is a result described in paragraph 13(1)(a) or (b).

Evidence of COVID-19 molecular test — elements

(2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(a) to (d).

Person — paragraph 17.3(2)(a)

17.12 (1) Evidence that the person is a person referred to in paragraph 17.3(2)(a) must be

(a) a travel itinerary or boarding pass that shows that the initial scheduled departure time of the flight to an aerodrome in Canada is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country; and
(b) their passport or other travel document issued by their country of citizenship or nationality.

Person — paragraph 17.3(2)(b)

(2) Evidence that the person is a person referred to in paragraph 17.3(2)(b) must be

(a) a travel itinerary or boarding pass that shows that the initial scheduled departure time of the flight to an aerodrome in Canada is not more than 24 hours after the departure time of the flight taken by the person to Canada from any other country; and
(b) a document entitled “Confirmation of Permanent Residence” issued by the Department of Citizenship and Immigration that confirms that the person became a permanent resident on entry to Canada after the flight taken by the person to Canada from any other country.

Person — paragraph 17.3(2)(c)

(3) Evidence that the person is a person referred to in paragraph 17.3(2)(c) must be

(a) a travel itinerary or boarding pass that shows that the person is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada; and
(b) their passport or other travel document issued by their country of citizenship or nationality.

Person — subparagraphs 17.3(2)(d)(i) to (iv)

(4) Evidence that the person is a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv) must be a document issued by an air carrier under subsection 17.4(1) in respect of the flight for which the person is boarding the aircraft or entering the restricted area.

Person — subparagraph 17.3(2)(e)(i)

(5) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(i) must be a document issued by the Minister of Health that indicates that the person was asked to enter Canada for the purpose of assisting in the COVID-19 response.

Person — subparagraph 17.3(2)(e)(ii)

(6) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(ii) must be a document from a government or non-governmental entity that indicates that the person was asked to enter Canada for the purpose of providing emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations.

Person — subparagraph 17.3(2)(e)(iii)

(7) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(iii) must be a document issued by the Department of Citizenship and Immigration that confirms that the person has been recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations.

Person — subparagraph 17.3(2)(e)(iv)

(8) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(iv) must be a document issued by the Department of Citizenship and Immigration that confirms that the person entered Canada as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations.

Person — subparagraph 17.3(2)(e)(v)

(9) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(v) must be their passport containing a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development.

Person — subparagraph 17.3(2)(e)(vi)

(10) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vi) must be the person’s DI, O1 or C1 visa.

Person — subparagraph 17.3(2)(e)(vii)

(11) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vii) must be

(a) in the case of a diplomatic courier, the official document confirming their status referred to in Article 27 of the Vienna Convention on Diplomatic Relations, as set out in Schedule I to the Foreign Missions and International Organizations Act; and
(b) in the case of a consular courier, the official document confirming their status referred to in Article 35 of the Vienna Convention on Consular Relations, as set out in Schedule II to that Act.

False or misleading information

17.13 (1) A person must not submit a request referred to in section 17.4 that contains information that they know to be false or misleading.

False or misleading evidence

(2) A person must not provide evidence that they know to be false or misleading.

Notice to Minister — information

17.14 (1) An air carrier that has reason to believe that a person has submitted a request referred to in section 17.4 that contains information that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after receiving the request:

(a) the person’s name and contact information;
(b) the date and number of the person’s flight; and
(c) the reason the air carrier believes that the information is likely to be false or misleading.

Notice to Minister — evidence

(2) An air carrier or screening authority that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after the provision of the evidence:

(a) the person’s name and contact information;
(b) the date and number of the person’s flight; and
(c) the reason the air carrier or screening authority believes that the evidence is likely to be false or misleading.

Prohibition — air carrier

17.15 An air carrier must not permit a person to board an aircraft for a flight that the air carrier operates if the person does not provide the evidence they are required to provide under section 17.9.

Prohibition — screening authority

17.16 (1) A screening authority must not permit a person to enter a restricted area if the person does not provide the evidence they are required to provide under section 17.9.

Notification to air carrier

(2) If a screening authority denies a person entry to a restricted area, the screening authority must notify the air carrier operating the flight that the person has been denied entry and provide the person’s name and flight number to the air carrier.

Air carrier requirements

(3) An air carrier that has been notified under subsection (2) must ensure that the person is escorted to a location where they can retrieve their checked baggage, as defined in section 3 of the Canadian Aviation Security Regulations, 2012, if applicable.

Record keeping — air carrier

17.17 (1) An air carrier must keep a record of the following information in respect of a person each time the person is denied permission to board an aircraft for a flight under section 17.15:

(a) the person’s name and contact information, including the person’s home address, telephone number and email address;
(b) the date and flight number;
(c) the reason why the person was denied permission to board the aircraft; and
(d) whether the person had been issued a document under subsection 17.4(1) in respect of the flight.

Retention

(2) The air carrier must retain the record for a period of at least 12 months after the date of the flight.

Ministerial request

(3) The air carrier must make the record available to the Minister on request.

Record keeping — screening authority

17.18 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.16(1):

(a) the person’s name;
(b) the date and flight number; and
(c) the reason why the person was denied entry to the restricted area.

Retention

(2) The screening authority must retain the record for a period of at least 12 months after the day on which it was created.

Ministerial request

(3) The screening authority must make the record available to the Minister on request.

[17.19 reserved]

Policy Respecting Mandatory Vaccination

Application

17.20 Sections 17.21 to 17.25 apply to

(a) the operator of an aerodrome listed in Schedule 2;
(b) an air carrier operating a flight departing from an aerodrome listed in Schedule 2, other than an air carrier who operates a commercial air service under Subpart 1 of Part VII of the Regulations; and
(c) NAV CANADA.

Definition of relevant person

(a) an employee of the entity;
(b) an employee of the entity’s contractor or agent or mandatary;
(c) a person hired by the entity to provide a service;
(d) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property; or
(e) a person permitted by the entity to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services.

Activities

(2) For the purposes of subsection (1), the activities are

(a) conducting or directly supporting activities that are related to commercial flight operations — such as aircraft refuelling services, aircraft maintenance and repair services, baggage handling services, supply services for the operator of an aerodrome, an air carrier or NAV CANADA, runway and taxiway maintenance services or de-icing services — and that take place on aerodrome property or at a location where NAV CANADA provides civil air navigation services;
(b) interacting in-person on aerodrome property with a person who intends to board an aircraft for a flight;
(c) engaging in tasks, on aerodrome property or at a location where NAV CANADA provides civil air navigation services, that are intended to reduce the risk of transmission of the virus that causes COVID-19; and
(d) accessing a restricted area at an aerodrome listed in Schedule 2.

Comprehensive policy — operators of aerodromes

17.22 (1) The operator of an aerodrome must establish and implement a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

Policy — content

(2) The policy must

(a) require that, as of November 15, 2021, a person who is 12 years and four months of age or older be a fully vaccinated person before accessing aerodrome property, unless they are a person
- (i) who intends to board an aircraft for a flight that an air carrier operates,
- (ii) who does not intend to board an aircraft for a flight and who is accessing aerodrome property for leisure purposes or to accompany a person who intends to board an aircraft for a flight,
- (iii) who is the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces, or
- (iv) who is delivering equipment or providing services within the restricted area of the aerodrome that are urgently needed and critical to aerodrome operations;
(b) despite paragraph (a), allow a person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property if the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(c) provide for a procedure for verifying evidence provided by a person referred to in paragraph (b) that demonstrates that the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(d) provide for a procedure for issuing to a person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a person referred to in subparagraph (b)(i) or (ii);
(e) provide for a procedure that ensures that a person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
- (ii) in the case of a person referred to in paragraph (d), the document issued to the person under the procedure referred to in that paragraph;
(f) provide for a procedure that allows a person to whom sections 17.31 to 17.40 apply — other than a person referred to in subsection 17.34(2) — who is a fully vaccinated person or a person referred to in subparagraph (b)(i) or (ii) and who is unable to provide the evidence referred to in paragraph (e) to temporarily access aerodrome property if they provide a declaration confirming that they are a fully vaccinated person or that they have been issued a document under the procedure referred to in paragraph (d);
(g) provide for a procedure that ensures that a person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
(h) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (g) receives a result for a COVID-19 molecular test;
(i) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (g) or (h) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later; and
(j) provide for a procedure that ensures that a person referred to in paragraph (i) is exempt from the requirement referred to in paragraph (g) for a period of 180 days after the person received a positive result for a COVID-19 molecular test.

Medical contraindication

(3) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

Religious belief

(4) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they submit a statement sworn or affirmed by them attesting that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious belief.

Canadian Human Rights Act

(5) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the case of an employee of the operator of an aerodrome or a person hired by the operator of an aerodrome to provide a service, the policy must provide that a document is to be issued to the employee or person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if the operator of the aerodrome is obligated to accommodate them on that basis under the Canadian Human Rights Act by issuing such a document.

Applicable legislation

(6) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the following cases, the policy must provide that a document is to be issued to the employee confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they would be entitled to such an accommodation on that basis under applicable legislation:

(a) in the case of an employee of the operator of an aerodrome’s contractor or agent or mandatary; and
(b) in the case of an employee of the operator of an aerodrome’s lessee, if the property that is subject to the lease is part of aerodrome property.

Comprehensive policy — air carriers and NAV CANADA

17.23 Section 17.24 does not apply to an air carrier or NAV CANADA if that entity

(a) establishes and implements a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with paragraphs 17.24(2)(a) to (i) and subsections 17.24(3) to (6); and
(b) has procedures in place to ensure that while a relevant person is carrying out their duties related to commercial flight operations, no in-person interactions occur between the relevant person and an unvaccinated person who has not been issued a document under the procedure referred to in paragraph 17.24(2)(d) and who is
- (i) an employee of the entity,
- (ii) an employee of the entity’s contractor or agent or mandatary,
- (iii) a person hired by the entity to provide a service, or
- (iv) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Targeted policy — air carriers and NAV CANADA

17.24 (1) An air carrier or NAV CANADA must establish and implement a targeted policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

Policy — content

(2) The policy must

(a) require that, as of November 15, 2021, a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces, be a fully vaccinated person before accessing aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services;
(b) despite paragraph (a), allow a relevant person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services, if the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(c) provide for a procedure for verifying evidence provided by a relevant person referred to in paragraph (b) that demonstrates that the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(d) provide for a procedure for issuing to a relevant person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a relevant person referred to in subparagraph (b)(i) or (ii);
(e) provide for a procedure that ensures that a relevant person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
- (ii) in the case of a relevant person referred to in paragraph (d), the document issued to the relevant person under the procedure referred to in that paragraph;
(f) provide for a procedure that ensures that a relevant person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
(g) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (f) receives a result for a COVID-19 molecular test;
(h) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (f) or (g) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the relevant person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later;
(i) provide for a procedure that ensures that a relevant person referred to in paragraph (h) is exempt from the requirement referred to in paragraph (f) for a period of 180 days after the relevant person received a positive result for a COVID-19 molecular test;
(j) set out procedures for reducing the risk that a relevant person will be exposed to the virus that causes COVID-19 due to an in-person interaction, occurring on aerodrome property or at a location where NAV CANADA provides civil air navigation services, with an unvaccinated person who has not been issued a document under the procedure referred to in paragraph (d) and who is a person referred to in any of subparagraphs 17.23(b)(i) to (iv), which procedures may include protocols related to
- (i) the vaccination of persons, other than relevant persons, who access aerodrome property or a location where NAV CANADA provides civil air navigation services,
- (ii) physical distancing and the wearing of masks, and
- (iii) reducing the frequency and duration of in-person interactions;
(k) establish a procedure for collecting the following information with respect to an in-person interaction related to commercial flight operations between a relevant person and a person referred to in any of subparagraphs 17.23(b)(i) to (iv) who is unvaccinated and has not been issued a document under the procedure referred to in paragraph (d) or whose vaccination status is unknown:
- (i) the time, date and location of the interaction, and
- (ii) contact information for the relevant person and the other person;
(l) establish a procedure for recording the following information and submitting it to the Minister on request:
- (i) the number of relevant persons who are subject to the entity’s policy,
- (ii) the number of relevant persons who require access to a restricted area,
- (iii) the number of relevant persons who
  - (A) are fully vaccinated persons,
  - (B) have received the first dose of a COVID-19 vaccine dosage regimen, and
  - (C) are unvaccinated persons,
- (iv) the number of hours during which relevant persons were unable to fulfill their duties related to commercial flight operations due to COVID-19,
- (v) the number of relevant persons who have been issued a document under the procedure referred to in paragraph (d), the reason for issuing the document and a confirmation that the relevant persons have submitted evidence of COVID-19 tests in accordance with the requirements referred to in paragraphs (f) and (g),
- (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (f), (g) or (h),
- (vii) the number of relevant persons who were denied entry to a restricted area because of a refusal to comply with a requirement referred to in paragraph (a), (f), (g) or (h),
- (viii) the number of persons referred to in subparagraphs 17.23(b)(i) to (iv) who are unvaccinated and who have not been issued a document under the procedure referred to in paragraph (d), or whose vaccination status is unknown, who have an in-person interaction related to commercial flight operations with a relevant person and a description of any procedures implemented to reduce the risk that a relevant person will be exposed to the virus that causes COVID-19 due to such an interaction, and
- (ix) the number of instances in which the air carrier or NAV CANADA, as applicable, is made aware that a person with respect to whom information was collected under paragraph (k) received a positive result for a COVID-19 test, the number of relevant persons tested for COVID-19 as a result of this information, the results of those tests and a description of any impacts on commercial flight operations; and
(m) require the air carrier or NAV CANADA, as applicable, to keep the information referred to in paragraph (l) for a period of at least 12 months after the date that the information was recorded.

Medical contraindication

(3) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a relevant person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the relevant person cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

Religious belief

(4) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a relevant person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they submit a statement sworn or affirmed by them attesting that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious belief.

Canadian Human Rights Act

(5) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the case of an employee of an entity or a relevant person hired by an entity to provide a service, the policy must provide that a document is to be issued to the employee or the relevant person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if the entity is obligated to accommodate the relevant person on that basis under the Canadian Human Rights Act by issuing such a document.

Applicable legislation

(a) in the case of an employee of an entity’s contractor or agent or mandatary; and
(b) in the case of an employee of an entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Ministerial request — policy

Ministerial request — implementation

[17.26 to 17.29 reserved]

Vaccination — Aerodromes in Canada

Application

17.30 (1) Sections 17.31 to 17.40 apply to all of the following persons:

(a) subject to paragraph (c), a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area for a reason other than to board aircraft for a flight operated by an air carrier;
(b) a crew member entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations;
(c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight
- (i) only to become a crew member on board another aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations,
- (ii) after having been a crew member on board an aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft operated under Subpart 3, 4 or 5 of Part VII of the Regulations, if the person will be required to return to work as a crew member;
(d) a screening authority at an aerodrome where persons other than passengers are screened or can be screened;
(e) the operator of an aerodrome listed in Schedule 2.

Non-application

(2) Sections 17.31 to 17.40 do not apply to any of the following persons:

(a) a child who is less than 12 years and four months of age;
(b) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who enters a restricted area to board an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight;
(c) a member of emergency response provider personnel who is responding to an emergency;
(d) a peace officer who is responding to an emergency;
(e) the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces; or
(f) a person who is delivering equipment or providing services within the restricted area of the aerodrome that are urgently needed and critical to aerodrome operations.

Prohibition

17.31 (1) A person must not enter a restricted area of an aerodrome unless they are a fully vaccinated person.

Exception

(2) Subsection (1) does not apply to a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) or 17.24(2)(d).

Provision of evidence

17.32 A person must provide to a screening authority or the operator of an aerodrome, on their request,

(a) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10; and
(b) in the case of a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) or 17.24(2)(d), the document issued to the person.

Request for evidence

Declaration

17.34 (1) If a person who is a fully vaccinated person or who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) is unable, following a request to provide evidence under section 17.33, to provide the evidence, the person may

(a) sign a declaration confirming that they are a fully vaccinated person or that they have been issued a document under the procedure referred to in paragraph 17.22(2)(d); or
(b) if the person has signed a declaration under paragraph (a) no more than seven days before the day on which the request to provide evidence is made, provide that declaration.

Exception

(2) Subsection (1) does not apply to the holder of a document of entitlement that expires within seven days after the day on which the request to provide evidence under section 17.33 is made.

Notification to aerodrome operator

Provision of evidence

Suspension of restricted area access

Record keeping — suspension

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable;
(c) the date of the suspension; and
(d) the reason for the suspension.

Retention

(2) The operator must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The operator of the aerodrome must make the record available to the Minister on request.

Prohibition

17.36 (1) A screening authority must deny a person entry to a restricted area if, following a request to provide evidence under section 17.33, the person does not provide the evidence or, if applicable, does not sign or provide a declaration under subsection 17.34(1).

Notification to aerodrome operator

False or misleading evidence

17.37 A person must not provide evidence that they know to be false or misleading.

Notice to Minister

17.38 A screening authority or the operator of an aerodrome that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after the provision of the evidence:

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable; and
(c) the reason the screening authority or the operator of an aerodrome believes that the evidence is likely to be false or misleading.

Record keeping — denial of entry

17.39 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.36(1):

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable;
(c) the date on which the person was denied entry and the location; and
(d) the reason why the person was denied entry to the restricted area.

Retention

(2) The screening authority must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The screening authority must make the record available to the Minister on request.

Requirement to establish and implement

17.40 The operator of an aerodrome must ensure that a document of entitlement is only issued to a fully vaccinated person or a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d).

Masks

Non-application

18 (1) Sections 19 to 24 do not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their mask without assistance;
(f) a crew member;
(g) a gate agent.

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 mask is readily available to the child before boarding an aircraft for a flight.

Wearing of mask

(3) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 21 and complies with any instructions given by a gate agent under section 22 if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
(b) is at least six years of age.

Notification

19 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

(a) be in possession of a mask before boarding;
(b) wear the mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
(c) comply with any instructions given by a gate agent or a crew member with respect to wearing a mask.

Obligation to possess mask

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

Wearing of mask — persons

21 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a 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

(a) when the safety of the person could be endangered by wearing a mask;
(b) when the person is drinking or eating, unless a crew member instructs the person to wear a mask;
(c) when the person is taking oral medications;
(d) when a gate agent or a crew member authorizes the removal of the mask to address unforeseen circumstances or the person’s special needs; or
(e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the mask to verify the person’s identity.

Exceptions — flight deck

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

(a) a Department of Transport air carrier inspector;
(b) an inspector of the civil aviation authority of the state where the aircraft is registered;
(c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
(d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
(e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.

Compliance

22 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 mask.

Prohibition — private operator or air carrier

23 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

(a) the person is not in possession of a mask; or
(b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a mask.

Refusal to comply

24 (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 mask, the private operator or air carrier must

(a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,
- (iii) the person’s seat number, and
- (iv) the circumstances related to the refusal to comply; and
(b) inform the Minister as soon as feasible of any record created under paragraph (a).

Retention period

(2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.

Ministerial request

(3) The private operator or air carrier must make the record available to the Minister on request.

Wearing of mask — crew member

25 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a 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

(a) when the safety of the crew member could be endangered by wearing a mask;
(b) when the wearing of a mask by the crew member could interfere with operational requirements or the safety of the flight; or
(c) when the crew member is drinking, eating or taking oral medications.

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 mask — gate agent

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

Exceptions

(2) Subsection (1) does not apply

(a) when the safety of the gate agent could be endangered by wearing a mask; or
(b) when the gate agent is drinking, eating or taking oral medications.

Exception — physical barrier

Deplaning

Non-application

27 (1) Section 28 does not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their mask without assistance;
(f) a person who is on a flight that originates in Canada and is destined to another country.

Wearing of mask

(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 28 if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
(b) is at least six years of age.

Wearing of mask — person

28 A person who is on board an aircraft must wear a 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

Non-application

29 (1) Sections 30 to 33 do not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their mask without assistance;
(f) a member of emergency response provider personnel who is responding to an emergency;
(g) a peace officer who is responding to an emergency.

Wearing of mask

(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under subsection 30(2) and removes it when required by a screening officer to do so under subsection 30(3) if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
(b) is at least six years of age.

Requirement — passenger screening checkpoint

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

Wearing of mask — person

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

Requirement to remove mask

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

Wearing of mask — screening officer

(4) A screening officer must wear a 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

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

Wearing of mask — screening officer

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

Exceptions

(3) Subsection (2) does not apply

(a) when the safety of the screening officer could be endangered by wearing a mask; or
(b) when the screening officer is drinking, eating or taking oral medications.

Exception — physical barrier

Prohibition — passenger screening checkpoint

33 (1) A screening authority must not permit a person who has been notified to wear a 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 mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Designation

Maximum amounts

(2) The amounts set out in column 2 of Schedule 4 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

(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46, made on November 26, 2021, is repealed.

SCHEDULE 1

(Subsection 13(2))

Countries and Territories
Item	Name
1	Botswana
2	Eswatini
3	India
4	Lesotho
5	Morocco
6	Mozambique
7	Namibia
8	South Africa
9	Zimbabwe

SCHEDULE 2

(Subsections 1(1) and 17.1(1) and paragraphs 17.1(2)(c), 17.20(a) and (b), 17.21(2)(d) and 17.30(1)(a) to (c) and (e))

Aerodromes
Name	ICAO Location Indicator
Abbotsford International	CYXX
Alma	CYTF
Bagotville	CYBG
Baie-Comeau	CYBC
Bathurst	CZBF
Brandon Municipal	CYBR
Calgary International	CYYC
Campbell River	CYBL
Castlegar (West Kootenay Regional)	CYCG
Charlo	CYCL
Charlottetown	CYYG
Chibougamau/Chapais	CYMT
Churchill Falls	CZUM
Comox	CYQQ
Cranbrook (Canadian Rockies International)	CYXC
Dawson Creek	CYDQ
Deer Lake	CYDF
Edmonton International	CYEG
Fort McMurray	CYMM
Fort St. John	CYXJ
Fredericton International	CYFC
Gander International	CYQX
Gaspé	CYGP
Goose Bay	CYYR
Grande Prairie	CYQU
Greater Moncton International	CYQM
Halifax (Robert L. Stanfield International)	CYHZ
Hamilton (John C. Munro International)	CYHM
Îles-de-la-Madeleine	CYGR
Iqaluit	CYFB
Kamloops	CYKA
Kelowna	CYLW
Kingston	CYGK
Kitchener/Waterloo Regional	CYKF
La Grande Rivière	CYGL
Lethbridge	CYQL
Lloydminster	CYLL
London	CYXU
Lourdes-de-Blanc-Sablon	CYBX
Medicine Hat	CYXH
Mont-Joli	CYYY
Montréal International (Mirabel)	CYMX
Montréal (Montréal — Pierre Elliott Trudeau International)	CYUL
Montréal (St. Hubert)	CYHU
Nanaimo	CYCD
North Bay	CYYB
Ottawa (Macdonald-Cartier International)	CYOW
Penticton	CYYF
Prince Albert (Glass Field)	CYPA
Prince George	CYXS
Prince Rupert	CYPR
Québec (Jean Lesage International)	CYQB
Quesnel	CYQZ
Red Deer Regional	CYQF
Regina International	CYQR
Rivière-Rouge/Mont-Tremblant International	CYFJ
Rouyn-Noranda	CYUY
Saint John	CYSJ
Sarnia (Chris Hadfield)	CYZR
Saskatoon (John G. Diefenbaker International)	CYXE
Sault Ste. Marie	CYAM
Sept-Îles	CYZV
Smithers	CYYD
St. Anthony	CYAY
St. John’s International	CYYT
Stephenville	CYJT
Sudbury	CYSB
Sydney (J.A. Douglas McCurdy)	CYQY
Terrace	CYXT
Thompson	CYTH
Thunder Bay	CYQT
Timmins (Victor M. Power)	CYTS
Toronto (Billy Bishop Toronto City)	CYTZ
Toronto (Lester B. Pearson International)	CYYZ
Toronto/Buttonville Municipal	CYKZ
Val-d’Or	CYVO
Vancouver (Coal Harbour)	CYHC
Vancouver International	CYVR
Victoria International	CYYJ
Wabush	CYWK
Whitehorse (Erik Nielsen International)	CYXY
Williams Lake	CYWL
Windsor	CYQG
Winnipeg (James Armstrong Richardson International)	CYWG
Yellowknife	CYZF

SCHEDULE 3

(Subparagraph 17.22(2)(a)(iii) and paragraphs 17.24(2)(a) and 17.30(2)(e))

Departments and Departmental Corporations
Name
Canada Border Services Agency
Correctional Service of Canada
Department of Agriculture and Agri-Food
Department of Fisheries and Oceans
Department of Health
Department of National Defence
Department of the Environment
Department of Transport
Public Health Agency of Canada
Royal Canadian Mounted Police

SCHEDULE 4

(Subsections 34(1) and (2))

Designated Provisions
Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
Column 1 Designated Provision	Individual	Corporation
Subsection 2(1)	5,000	25,000
Subsection 2(2)	5,000	25,000
Subsection 2(3)	5,000	25,000
Subsection 2(4)	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 12	5,000	25,000
Subsection 13(1)	5,000
Section 15	5,000
Section 16	5,000	25,000
Section 17	5,000	25,000
Section 17.2		25,000
Subsection 17.3(1)	5,000
Subsection 17.4(1)		25,000
Subsection 17.5(1)		25,000
Subsection 17.5(2)		25,000
Subsection 17.5(3)		25,000
Subsection 17.6(1)		25,000
Subsection 17.6(2)		25,000
Section 17.7		25,000
Section 17.8		25,000
Section 17.9	5,000
Subsection 17.13(1)	5,000
Subsection 17.13(2)	5,000
Subsection 17.14(1)		25,000
Subsection 17.14(2)		25,000
Section 17.15		25,000
Subsection 17.16(1)		25,000
Subsection 17.16(2)		25,000
Subsection 17.16(3)		25,000
Subsection 17.17(1)		25,000
Subsection 17.17(2)		25,000
Subsection 17.17(3)		25,000
Subsection 17.18(1)		25,000
Subsection 17.18(2)		25,000
Subsection 17.18(3)		25,000
Subsection 17.22(1)		25,000
Subsection 17.24(1)		25,000
Subsection 17.25(1)		25,000
Subsection 17.25(2)		25,000
Subsection 17.31(1)	5,000
Section 17.32	5,000
Section 17.33		25,000
Subsection 17.34(3)		25,000
Subsection 17.34(4)	5,000
Subsection 17.34(5)		25,000
Subsection 17.35(1)		25,000
Subsection 17.35(2)		25,000
Subsection 17.35(3)		25,000
Subsection 17.36(1)		25,000
Subsection 17.36(2)		25,000
Section 17.37	5,000
Section 17.38		25,000
Subsection 17.39(1)		25,000
Subsection 17.39(2)		25,000
Subsection 17.39(3)		25,000
Section 17.40		25,000
Subsection 18(2)	5,000
Subsection 18(3)	5,000
Section 19	5,000	25,000
Section 20	5,000
Subsection 21(1)	5,000	25,000
Section 22	5,000
Section 23	5,000	25,000
Subsection 24(1)	5,000	25,000
Subsection 24(2)	5,000	25,000
Subsection 24(3)	5,000	25,000
Subsection 25(1)	5,000	25,000
Subsection 26(1)	5,000	25,000
Subsection 27(2)	5,000
Section 28	5,000
Subsection 29(2)	5,000
Subsection 30(1)		25,000
Subsection 30(2)	5,000
Subsection 30(3)	5,000
Subsection 30(4)	5,000
Subsection 31(1)	5,000
Subsection 31(2)	5,000
Subsection 33(1)		25,000
Subsection 33(2)		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 48

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 48 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Ottawa, November 30, 2021

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 48

Interpretation

Definitions

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

accredited person: means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
aerodrome property: means, in respect of an aerodrome listed in Schedule 2, any air terminal buildings, restricted areas or facilities used for activities related to aircraft operations that are located at the aerodrome. (terrains de l’aérodrome)
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)
Canadian Forces: means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
Chief Public Health Officer: means the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act. (administrateur en chef)
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)
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)
Omicron variant: means the SARS-CoV-2 variant B.1.1.529, designated as a variant of concern and named Omicron by the World Health Organization. (variant Omicron)
operator of an aerodrome: means the person in charge of an aerodrome where activities related to civil aviation are conducted and includes an employee, agent or mandatary or other authorized representative of that person. (exploitant)
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 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. (administration de contrôle)
screening officer,: except in section 2, has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

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 mask

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

(a) it is made of multiple layers of tightly woven materials such as cotton or linen;
(b) it completely covers a person’s nose, mouth and chin without gaping;
(c) it can be secured to a person’s head with ties or ear loops.

Masks — lip reading

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

(a) the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and
(b) there is a tight seal between the transparent material and the rest of the mask.

Definition of fully vaccinated person

(a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
(b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.

Interpretation — fully vaccinated person

Notification

Federal, provincial and territorial measures

Suitable quarantine plan

Vaccination

False confirmation

Definitions

(5) The following definitions apply in this section.

quarantine officer: means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
screening officer: has the same meaning as in section 2 of the Quarantine Act. (agent de contrôle)

Confirmation

Federal, provincial and territorial measures

False confirmation

(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

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:

(a) a crew member;
(b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Health check

(a) a fever;
(b) a cough;
(c) breathing difficulties.

Notification

(a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;
(b) they have, or have reasonable grounds to suspect that they have, COVID-19;
(c) they have been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or
(d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

Confirmation

(a) the person has, or has reasonable grounds to suspect that they have, COVID-19;
(b) the person has been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19;
(c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

False confirmation — obligation of private operator or air carrier

False confirmation — 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

(a) answer all questions; and
(b) not provide answers or a confirmation that they know to be false or misleading.

Exception

Observations — private operator or air carrier

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

(a) the person’s answers to the health check questions indicate that they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
(b) the private operator or air carrier observes that, as the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
(c) the person’s confirmation under subsection 8(3) indicates that one of the situations described in paragraphs 8(3)(a), (b) or (c) applies to that person; or
(d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or to give the confirmation under subsection 8(3).

Period of 14 days

COVID-19 Molecular Test — Flights to Canada

Application

11 (1) Sections 12 to 17 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

Notification

Evidence — result of test

13 (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

(a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time; or
(b) a positive result for such a test that was performed on a specimen collected at least 14 days and no more than 180 days before the flight’s initial scheduled departure time.

Evidence — location of test

(2) For the purposes of subsection (1), the COVID-19 molecular test must not have been performed in a country that is listed in Schedule 1 or in a country where, as determined by the Chief Public Health Officer, there is an outbreak of the Omicron variant or there is a risk of an outbreak of that variant.

Evidence — alternative testing protocol

13.1 Despite subsection 13(1), a person referred to in section 2.22 of the Order entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) must, before boarding an aircraft for a flight, provide to the private operator or air carrier operating the flight evidence of a COVID-19 molecular test that was carried out in accordance with an alternative testing protocol referred to in that section.

Evidence — elements

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

(a) the person’s name and date of birth;
(b) the name and civic address of the laboratory that administered the test;
(c) the date the specimen was collected and the test method used; and
(d) the test result.

False or misleading evidence

15 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

Prohibition

Vaccination — Flights Departing from an Aerodrome in Canada

Application

17.1 (1) Sections 17.2 to 17.18 apply to all of the following persons:

(a) a person boarding an aircraft for a flight that an air carrier operates departing from an aerodrome listed in Schedule 2;
(b) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight that an air carrier operates;
(c) an air carrier operating a flight departing from an aerodrome listed in Schedule 2;
(d) a screening authority at an aerodrome listed in Schedule 2.

Non-application

(2) Sections 17.2 to 17.18 do not apply to any of the following persons:

(a) a child who is less than 12 years and four months of age;
(b) a crew member;
(c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier
- (i) only to become a crew member on board another aircraft operated by an air carrier,
- (ii) after having been a crew member on board an aircraft operated by an air carrier, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member;
(d) a person who arrives at an aerodrome from any other country on board an aircraft in order to transit to another country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the aerodrome until they leave Canada;
(e) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who boards an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight.

Notification

17.2 An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that

(a) they must be a fully vaccinated person or a person referred to in any of paragraphs 17.3(2)(a) to (c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii);
(b) they must provide to the air carrier evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person or evidence that they are a person referred to in any of paragraphs 17.3(2)(a) to (c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii); and
(c) if they submit a request referred to in section 17.4, they must do so within the period set out in subsection 17.4(3).

Prohibition — person

17.3 (1) A person is prohibited from boarding an aircraft for a flight or entering a restricted area unless they are a fully vaccinated person.

Exception

(2) Subsection (1) does not apply to

(a) a foreign national, other than a person registered as an Indian under the Indian Act, who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country;
(b) a permanent resident who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country for the purpose of entering Canada to become a permanent resident;
(c) a foreign national who has received a result for a COVID-19 molecular test described in paragraph 13(1)(a) or (b) and who is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada;
(d) a person who has received a result for a COVID-19 molecular test described in paragraph 13(1)(a) or (b) and who is
- (i) a person who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
- (ii) a person who has not completed a COVID-19 vaccine dosage regimen due to a sincerely held religious belief and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
- (iii) a person who is boarding an aircraft for a flight for the purpose of attending an appointment for an essential medical service or treatment, or
- (iv) a competent person who is at least 18 years old and who is boarding an aircraft for a flight for the purpose of accompanying a person referred to in subparagraph (iii) if the person needs to be accompanied because they
  - (A) are under the age of 18 years,
  - (B) have a disability, or
  - (C) need assistance to communicate; or
(e) a person who has received a result for a COVID-19 molecular test described in paragraph 13(1)(a) or (b) and who is boarding an aircraft for a flight for a purpose other than an optional or discretionary purpose, such as tourism, recreation or leisure, and who is
- (i) a person who entered Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response,
- (ii) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who entered Canada for the purpose of providing those services,
- (iii) a person who entered Canada not more than 90 days before the day on which this Interim Order came into effect and who, at the time they sought to enter Canada,
  - (A) held a permanent resident visa issued under subsection 139(1) of the Immigration and Refugee Protection Regulations, and
  - (B) was recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations,
- (iv) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who entered Canada not more than 90 days before the day on which this Interim Order came into effect as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations,
- (v) an accredited person,
- (vi) a person holding a D1, O1 or C1 visa who entered Canada to take up a post and become an accredited person, or
- (vii) a diplomatic or consular courier.

Persons — subparagraphs 17.3(2)(d)(i) to (iv)

(a) in the case of a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iii), the person submits a request to the air carrier in respect of that flight in accordance with subsections (2) and (3) or such a request is submitted on their behalf;
(b) in the case of a person referred to in subparagraph 17.3(2)(d)(i) or (ii), the air carrier is obligated to accommodate the person on the basis of a medical contraindication or a sincerely held religious belief under applicable legislation by issuing the document; and
(c) in the case of a person referred to in subparagraph 17.3(2)(d)(iv), the person who needs accompaniment submits a request to the air carrier in respect of that flight in accordance with subsections (2) and (3) or such a request is submitted on their behalf.

Request — contents

(2) The request must be signed by the requester and include the following:

(a) the person’s name and home address and, if the request is made by someone else on the person’s behalf, that person’s name and home address;
(b) the date and number of the flight as well as the aerodrome of departure and the aerodrome of arrival;
(c) in the case of a person described in subparagraph 17.3(2)(d)(i),
- (i) a document issued by the government of a province confirming that the person cannot complete a COVID-19 vaccination regimen due to a medical condition, or
- (ii) a medical certificate signed by a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and the licence number issued by a professional medical licensing body to the medical doctor or nurse practitioner;
(d) in the case of a person described in subparagraph 17.3(2)(d)(ii), a statement sworn or affirmed by the person before a person appointed as a commissioner of oaths in Canada attesting that the person has not completed a COVID-19 vaccination regimen due to a sincerely held religious belief, including a description of how the belief renders them unable to complete such a regimen; and
(e) in the case of a person described in subparagraph 17.3(2)(d)(iii), a document that includes
- (i) the signature of a medical doctor or nurse practitioner who is licensed to practise in Canada,
- (ii) the licence number issued by a professional medical licensing body to the medical doctor or nurse practitioner,
- (iii) the date of the appointment for the essential medical service or treatment and the location of the appointment,
- (iv) the date on which the document was signed, and
- (v) if the person needs to be accompanied by a person referred to in subparagraph 17.3(2)(d)(iv), the name and contact information of that person and the reason that the accompaniment is needed.

Timing of request

(3) The request must be submitted to the air carrier

(a) in the case of a person referred to in subparagraph 17.3(2)(d)(i) or (ii), 21 days before the day on which the flight is initially scheduled to depart; and
(b) in the case of a person referred to in subparagraph 17.3(2)(d)(iii) or (iv), 14 days before the day on which the flight is initially scheduled to depart.

Special circumstances

(4) In special circumstances, an air carrier may issue the document referred to in subsection (1) in response to a request submitted after the period referred to in subsection (3).

Content of document

(5) The document referred to in subsection (1) must include

(a) a confirmation that the air carrier has verified that the person is a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv); and
(b) the date and number of the flight as well as the aerodrome of departure and the aerodrome of arrival.

Record keeping

17.5 (1) An air carrier must keep a record of the following information:

(a) the number of requests that the air carrier has received in respect of each exception referred to in subparagraphs 17.3(2)(d)(i) to (iv);
(b) the number of documents issued under subsection 17.4(1); and
(c) the number of requests that the air carrier denied.

Retention

(2) An air carrier must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The air carrier must make the record available to the Minister on request.

Copies of requests

Ministerial request

(2) The air carrier must make the copy available to the Minister on request.

Request for evidence — air carrier

17.7 Before permitting a person to board an aircraft for a flight that the air carrier operates, the air carrier must request that the person provide

(a) evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person;
(b) evidence that they are a person referred to in paragraph 17.3(2)(a) or (b); or
(c) evidence that they are a person referred to in paragraph 17.3(2)(c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii) and that they have received a result for a COVID-19 molecular test.

Request for evidence — screening authority

Provision of evidence

17.9 A person must, at the request of an air carrier or a screening authority, provide to the air carrier or screening authority the evidence referred to in paragraph 17.7(a), (b) or (c).

Evidence of vaccination — elements

(a) the name of the person who received the vaccine;
(b) the name of the government or of the entity;
(c) the brand name or any other information that identifies the vaccine that was administered; and
(d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document specifies only the date on which the most recent dose was administered, that date.

Evidence of vaccination — translation

(2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Evidence of COVID-19 molecular test — result

17.11 (1) A result for a COVID-19 molecular test is a result described in paragraph 13(1)(a) or (b).

Evidence of COVID-19 molecular test — elements

(2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(a) to (d).

Person — paragraph 17.3(2)(a)

17.12 (1) Evidence that the person is a person referred to in paragraph 17.3(2)(a) must be

(a) a travel itinerary or boarding pass that shows that the initial scheduled departure time of the flight to an aerodrome in Canada is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country; and
(b) their passport or other travel document issued by their country of citizenship or nationality.

Person — paragraph 17.3(2)(b)

(2) Evidence that the person is a person referred to in paragraph 17.3(2)(b) must be

(a) a travel itinerary or boarding pass that shows that the initial scheduled departure time of the flight to an aerodrome in Canada is not more than 24 hours after the departure time of the flight taken by the person to Canada from any other country; and
(b) a document entitled “Confirmation of Permanent Residence” issued by the Department of Citizenship and Immigration that confirms that the person became a permanent resident on entry to Canada after the flight taken by the person to Canada from any other country.

Person — paragraph 17.3(2)(c)

(3) Evidence that the person is a person referred to in paragraph 17.3(2)(c) must be

(a) a travel itinerary or boarding pass that shows that the person is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada; and
(b) their passport or other travel document issued by their country of citizenship or nationality.

Person — subparagraphs 17.3(2)(d)(i) to (iv)

Person — subparagraph 17.3(2)(e)(i)

Person — subparagraph 17.3(2)(e)(ii)

Person — subparagraph 17.3(2)(e)(iii)

Person — subparagraph 17.3(2)(e)(iv)

Person — subparagraph 17.3(2)(e)(v)

Person — subparagraph 17.3(2)(e)(vi)

(10) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vi) must be the person’s DI, O1 or C1 visa.

Person — subparagraph 17.3(2)(e)(vii)

(11) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vii) must be

(a) in the case of a diplomatic courier, the official document confirming their status referred to in Article 27 of the Vienna Convention on Diplomatic Relations, as set out in Schedule I to the Foreign Missions and International Organizations Act; and
(b) in the case of a consular courier, the official document confirming their status referred to in Article 35 of the Vienna Convention on Consular Relations, as set out in Schedule II to that Act.

False or misleading information

17.13 (1) A person must not submit a request referred to in section 17.4 that contains information that they know to be false or misleading.

False or misleading evidence

(2) A person must not provide evidence that they know to be false or misleading.

Notice to Minister — information

(a) the person’s name and contact information;
(b) the date and number of the person’s flight; and
(c) the reason the air carrier believes that the information is likely to be false or misleading.

Notice to Minister — evidence

(a) the person’s name and contact information;
(b) the date and number of the person’s flight; and
(c) the reason the air carrier or screening authority believes that the evidence is likely to be false or misleading.

Prohibition — air carrier

Prohibition — screening authority

17.16 (1) A screening authority must not permit a person to enter a restricted area if the person does not provide the evidence they are required to provide under section 17.9.

Notification to air carrier

Air carrier requirements

Record keeping — air carrier

17.17 (1) An air carrier must keep a record of the following information in respect of a person each time the person is denied permission to board an aircraft for a flight under section 17.15:

(a) the person’s name and contact information, including the person’s home address, telephone number and email address;
(b) the date and flight number;
(c) the reason why the person was denied permission to board the aircraft; and
(d) whether the person had been issued a document under subsection 17.4(1) in respect of the flight.

Retention

(2) The air carrier must retain the record for a period of at least 12 months after the date of the flight.

Ministerial request

(3) The air carrier must make the record available to the Minister on request.

Record keeping — screening authority

17.18 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.16(1):

(a) the person’s name;
(b) the date and flight number; and
(c) the reason why the person was denied entry to the restricted area.

Retention

(2) The screening authority must retain the record for a period of at least 12 months after the day on which it was created.

Ministerial request

(3) The screening authority must make the record available to the Minister on request.

[17.19 reserved]

Policy Respecting Mandatory Vaccination

Application

17.20 Sections 17.21 to 17.25 apply to

(a) the operator of an aerodrome listed in Schedule 2;
(b) an air carrier operating a flight departing from an aerodrome listed in Schedule 2, other than an air carrier who operates a commercial air service under Subpart 1 of Part VII of the Regulations; and
(c) NAV CANADA.

Definition of relevant person

(a) an employee of the entity;
(b) an employee of the entity’s contractor or agent or mandatary;
(c) a person hired by the entity to provide a service;
(d) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property; or
(e) a person permitted by the entity to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services.

Activities

(2) For the purposes of subsection (1), the activities are

(a) conducting or directly supporting activities that are related to commercial flight operations — such as aircraft refuelling services, aircraft maintenance and repair services, baggage handling services, supply services for the operator of an aerodrome, an air carrier or NAV CANADA, runway and taxiway maintenance services or de-icing services — and that take place on aerodrome property or at a location where NAV CANADA provides civil air navigation services;
(b) interacting in-person on aerodrome property with a person who intends to board an aircraft for a flight;
(c) engaging in tasks, on aerodrome property or at a location where NAV CANADA provides civil air navigation services, that are intended to reduce the risk of transmission of the virus that causes COVID-19; and
(d) accessing a restricted area at an aerodrome listed in Schedule 2.

Comprehensive policy — operators of aerodromes

17.22 (1) The operator of an aerodrome must establish and implement a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

Policy — content

(2) The policy must

(a) require that, as of November 15, 2021, a person who is 12 years and four months of age or older be a fully vaccinated person before accessing aerodrome property, unless they are a person
- (i) who intends to board an aircraft for a flight that an air carrier operates,
- (ii) who does not intend to board an aircraft for a flight and who is accessing aerodrome property for leisure purposes or to accompany a person who intends to board an aircraft for a flight,
- (iii) who is the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces, or
- (iv) who is delivering equipment or providing services within the restricted area of the aerodrome that are urgently needed and critical to aerodrome operations;
(b) despite paragraph (a), allow a person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property if the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(c) provide for a procedure for verifying evidence provided by a person referred to in paragraph (b) that demonstrates that the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(d) provide for a procedure for issuing to a person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a person referred to in subparagraph (b)(i) or (ii);
(e) provide for a procedure that ensures that a person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
- (ii) in the case of a person referred to in paragraph (d), the document issued to the person under the procedure referred to in that paragraph;
(f) provide for a procedure that allows a person to whom sections 17.31 to 17.40 apply — other than a person referred to in subsection 17.34(2) — who is a fully vaccinated person or a person referred to in subparagraph (b)(i) or (ii) and who is unable to provide the evidence referred to in paragraph (e) to temporarily access aerodrome property if they provide a declaration confirming that they are a fully vaccinated person or that they have been issued a document under the procedure referred to in paragraph (d);
(g) provide for a procedure that ensures that a person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
(h) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (g) receives a result for a COVID-19 molecular test;
(i) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (g) or (h) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later; and
(j) provide for a procedure that ensures that a person referred to in paragraph (i) is exempt from the requirement referred to in paragraph (g) for a period of 180 days after the person received a positive result for a COVID-19 molecular test.

Medical contraindication

Religious belief

Canadian Human Rights Act

Applicable legislation

(a) in the case of an employee of the operator of an aerodrome’s contractor or agent or mandatary; and
(b) in the case of an employee of the operator of an aerodrome’s lessee, if the property that is subject to the lease is part of aerodrome property.

Comprehensive policy — air carriers and NAV CANADA

17.23 Section 17.24 does not apply to an air carrier or NAV CANADA if that entity

(a) establishes and implements a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with paragraphs 17.24(2)(a) to (i) and subsections 17.24(3) to (6); and
(b) has procedures in place to ensure that while a relevant person is carrying out their duties related to commercial flight operations, no in-person interactions occur between the relevant person and an unvaccinated person who has not been issued a document under the procedure referred to in paragraph 17.24(2)(d) and who is
- (i) an employee of the entity,
- (ii) an employee of the entity’s contractor or agent or mandatary,
- (iii) a person hired by the entity to provide a service, or
- (iv) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Targeted policy — air carriers and NAV CANADA

17.24 (1) An air carrier or NAV CANADA must establish and implement a targeted policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

Policy — content

(2) The policy must

(a) require that, as of November 15, 2021, a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces, be a fully vaccinated person before accessing aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services;
(b) despite paragraph (a), allow a relevant person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services, if the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(c) provide for a procedure for verifying evidence provided by a relevant person referred to in paragraph (b) that demonstrates that the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
(d) provide for a procedure for issuing to a relevant person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a relevant person referred to in subparagraph (b)(i) or (ii);
(e) provide for a procedure that ensures that a relevant person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
- (ii) in the case of a relevant person referred to in paragraph (d), the document issued to the relevant person under the procedure referred to in that paragraph;
(f) provide for a procedure that ensures that a relevant person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
(g) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (f) receives a result for a COVID-19 molecular test;
(h) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (f) or (g) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the relevant person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later;
(i) provide for a procedure that ensures that a relevant person referred to in paragraph (h) is exempt from the requirement referred to in paragraph (f) for a period of 180 days after the relevant person received a positive result for a COVID-19 molecular test;
(j) set out procedures for reducing the risk that a relevant person will be exposed to the virus that causes COVID-19 due to an in-person interaction, occurring on aerodrome property or at a location where NAV CANADA provides civil air navigation services, with an unvaccinated person who has not been issued a document under the procedure referred to in paragraph (d) and who is a person referred to in any of subparagraphs 17.23(b)(i) to (iv), which procedures may include protocols related to
- (i) the vaccination of persons, other than relevant persons, who access aerodrome property or a location where NAV CANADA provides civil air navigation services,
- (ii) physical distancing and the wearing of masks, and
- (iii) reducing the frequency and duration of in-person interactions;
(k) establish a procedure for collecting the following information with respect to an in-person interaction related to commercial flight operations between a relevant person and a person referred to in any of subparagraphs 17.23(b)(i) to (iv) who is unvaccinated and has not been issued a document under the procedure referred to in paragraph (d) or whose vaccination status is unknown:
- (i) the time, date and location of the interaction, and
- (ii) contact information for the relevant person and the other person;
(l) establish a procedure for recording the following information and submitting it to the Minister on request:
- (i) the number of relevant persons who are subject to the entity’s policy,
- (ii) the number of relevant persons who require access to a restricted area,
- (iii) the number of relevant persons who
  - (A) are fully vaccinated persons,
  - (B) have received the first dose of a COVID-19 vaccine dosage regimen, and
  - (C) are unvaccinated persons,
- (iv) the number of hours during which relevant persons were unable to fulfill their duties related to commercial flight operations due to COVID-19,
- (v) the number of relevant persons who have been issued a document under the procedure referred to in paragraph (d), the reason for issuing the document and a confirmation that the relevant persons have submitted evidence of COVID-19 tests in accordance with the requirements referred to in paragraphs (f) and (g),
- (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (f), (g) or (h),
- (vii) the number of relevant persons who were denied entry to a restricted area because of a refusal to comply with a requirement referred to in paragraph (a), (f), (g) or (h),
- (viii) the number of persons referred to in subparagraphs 17.23(b)(i) to (iv) who are unvaccinated and who have not been issued a document under the procedure referred to in paragraph (d), or whose vaccination status is unknown, who have an in-person interaction related to commercial flight operations with a relevant person and a description of any procedures implemented to reduce the risk that a relevant person will be exposed to the virus that causes COVID-19 due to such an interaction, and
- (ix) the number of instances in which the air carrier or NAV CANADA, as applicable, is made aware that a person with respect to whom information was collected under paragraph (k) received a positive result for a COVID-19 test, the number of relevant persons tested for COVID-19 as a result of this information, the results of those tests and a description of any impacts on commercial flight operations; and
(m) require the air carrier or NAV CANADA, as applicable, to keep the information referred to in paragraph (l) for a period of at least 12 months after the date that the information was recorded.

Medical contraindication

Religious belief

Canadian Human Rights Act

Applicable legislation

(a) in the case of an employee of an entity’s contractor or agent or mandatary; and
(b) in the case of an employee of an entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Ministerial request — policy

Ministerial request — implementation

[17.26 to 17.29 reserved]

Vaccination — Aerodromes in Canada

Application

17.30 (1) Sections 17.31 to 17.40 apply to all of the following persons:

(a) subject to paragraph (c), a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area for a reason other than to board aircraft for a flight operated by an air carrier;
(b) a crew member entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations;
(c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight
- (i) only to become a crew member on board another aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations,
- (ii) after having been a crew member on board an aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft operated under Subpart 3, 4 or 5 of Part VII of the Regulations, if the person will be required to return to work as a crew member;
(d) a screening authority at an aerodrome where persons other than passengers are screened or can be screened;
(e) the operator of an aerodrome listed in Schedule 2.

Non-application

(2) Sections 17.31 to 17.40 do not apply to any of the following persons:

(a) a child who is less than 12 years and four months of age;
(b) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who enters a restricted area to board an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight;
(c) a member of emergency response provider personnel who is responding to an emergency;
(d) a peace officer who is responding to an emergency;
(e) the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces; or
(f) a person who is delivering equipment or providing services within the restricted area of the aerodrome that are urgently needed and critical to aerodrome operations.

Prohibition

17.31 (1) A person must not enter a restricted area of an aerodrome unless they are a fully vaccinated person.

Exception

(2) Subsection (1) does not apply to a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) or 17.24(2)(d).

Provision of evidence

17.32 A person must provide to a screening authority or the operator of an aerodrome, on their request,

(a) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10; and
(b) in the case of a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) or 17.24(2)(d), the document issued to the person.

Request for evidence

Declaration

(a) sign a declaration confirming that they are a fully vaccinated person or that they have been issued a document under the procedure referred to in paragraph 17.22(2)(d); or
(b) if the person has signed a declaration under paragraph (a) no more than seven days before the day on which the request to provide evidence is made, provide that declaration.

Exception

(2) Subsection (1) does not apply to the holder of a document of entitlement that expires within seven days after the day on which the request to provide evidence under section 17.33 is made.

Notification to aerodrome operator

Provision of evidence

Suspension of restricted area access

Record keeping — suspension

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable;
(c) the date of the suspension; and
(d) the reason for the suspension.

Retention

(2) The operator must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The operator of the aerodrome must make the record available to the Minister on request.

Prohibition

Notification to aerodrome operator

False or misleading evidence

17.37 A person must not provide evidence that they know to be false or misleading.

Notice to Minister

17.38 A screening authority or the operator of an aerodrome that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after the provision of the evidence:

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable; and
(c) the reason the screening authority or the operator of an aerodrome believes that the evidence is likely to be false or misleading.

Record keeping — denial of entry

17.39 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.36(1):

(a) the person’s name;
(b) the number or identifier of the person’s document of entitlement, if applicable;
(c) the date on which the person was denied entry and the location; and
(d) the reason why the person was denied entry to the restricted area.

Retention

(2) The screening authority must retain the record for a period of at least 12 months after the day on which the record was created.

Ministerial request

(3) The screening authority must make the record available to the Minister on request.

Requirement to establish and implement

Masks

Non-application

18 (1) Sections 19 to 24 do not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their mask without assistance;
(f) a crew member;
(g) a gate agent.

Mask readily available

Wearing of mask

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
(b) is at least six years of age.

Notification

19 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

(a) be in possession of a mask before boarding;
(b) wear the mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
(c) comply with any instructions given by a gate agent or a crew member with respect to wearing a mask.

Obligation to possess mask

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

Wearing of mask — persons

Exceptions — person

(2) Subsection (1) does not apply

(a) when the safety of the person could be endangered by wearing a mask;
(b) when the person is drinking or eating, unless a crew member instructs the person to wear a mask;
(c) when the person is taking oral medications;
(d) when a gate agent or a crew member authorizes the removal of the mask to address unforeseen circumstances or the person’s special needs; or
(e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the mask to verify the person’s identity.

Exceptions — flight deck

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

(a) a Department of Transport air carrier inspector;
(b) an inspector of the civil aviation authority of the state where the aircraft is registered;
(c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
(d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
(e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.

Compliance

22 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 mask.

Prohibition — private operator or air carrier

23 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

(a) the person is not in possession of a mask; or
(b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a mask.

Refusal to comply

(a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,
- (iii) the person’s seat number, and
- (iv) the circumstances related to the refusal to comply; and
(b) inform the Minister as soon as feasible of any record created under paragraph (a).

Retention period

(2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.

Ministerial request

(3) The private operator or air carrier must make the record available to the Minister on request.

Wearing of mask — crew member

Exceptions — crew member

(2) Subsection (1) does not apply

(a) when the safety of the crew member could be endangered by wearing a mask;
(b) when the wearing of a mask by the crew member could interfere with operational requirements or the safety of the flight; or
(c) when the crew member is drinking, eating or taking oral medications.

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 mask — gate agent

Exceptions

(2) Subsection (1) does not apply

(a) when the safety of the gate agent could be endangered by wearing a mask; or
(b) when the gate agent is drinking, eating or taking oral medications.

Exception — physical barrier

Deplaning

Non-application

27 (1) Section 28 does not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their mask without assistance;
(f) a person who is on a flight that originates in Canada and is destined to another country.

Wearing of mask

(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 28 if the child

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
(b) is at least six years of age.

Wearing of mask — person

Screening Authority

Non-application

29 (1) Sections 30 to 33 do not apply to any of the following persons:

(a) a child who is less than two years of age;
(b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
(c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
(d) a person who is unconscious;
(e) a person who is unable to remove their mask without assistance;
(f) a member of emergency response provider personnel who is responding to an emergency;
(g) a peace officer who is responding to an emergency.

Wearing of mask

(a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
(b) is at least six years of age.

Requirement — passenger screening checkpoint

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

Wearing of mask — person

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

Requirement to remove mask

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

Wearing of mask — screening officer

Requirement — non-passenger screening checkpoint

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

Wearing of mask — screening officer

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

Exceptions

(3) Subsection (2) does not apply

(a) when the safety of the screening officer could be endangered by wearing a mask; or
(b) when the screening officer is drinking, eating or taking oral medications.

Exception — physical barrier

Prohibition — passenger screening checkpoint

33 (1) A screening authority must not permit a person who has been notified to wear a 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 mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Designation

Maximum amounts

(2) The amounts set out in column 2 of Schedule 4 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

(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 47, made on November 30, 2021, is repealed.

SCHEDULE 1

(Subsection 13(2))

Countries
Item	Name
1	India
2	Morocco

SCHEDULE 2

(Subsections 1(1) and 17.1(1) and paragraphs 17.1(2)(c), 17.20(a) and (b), 17.21(2)(d) and 17.30(1)(a) to (c) and (e))

Aerodromes
Name	ICAO Location Indicator
Abbotsford International	CYXX
Alma	CYTF
Bagotville	CYBG
Baie-Comeau	CYBC
Bathurst	CZBF
Brandon Municipal	CYBR
Calgary International	CYYC
Campbell River	CYBL
Castlegar (West Kootenay Regional)	CYCG
Charlo	CYCL
Charlottetown	CYYG
Chibougamau/Chapais	CYMT
Churchill Falls	CZUM
Comox	CYQQ
Cranbrook (Canadian Rockies International)	CYXC
Dawson Creek	CYDQ
Deer Lake	CYDF
Edmonton International	CYEG
Fort McMurray	CYMM
Fort St. John	CYXJ
Fredericton International	CYFC
Gander International	CYQX
Gaspé	CYGP
Goose Bay	CYYR
Grande Prairie	CYQU
Greater Moncton International	CYQM
Halifax (Robert L. Stanfield International)	CYHZ
Hamilton (John C. Munro International)	CYHM
Îles-de-la-Madeleine	CYGR
Iqaluit	CYFB
Kamloops	CYKA
Kelowna	CYLW
Kingston	CYGK
Kitchener/Waterloo Regional	CYKF
La Grande Rivière	CYGL
Lethbridge	CYQL
Lloydminster	CYLL
London	CYXU
Lourdes-de-Blanc-Sablon	CYBX
Medicine Hat	CYXH
Mont-Joli	CYYY
Montréal International (Mirabel)	CYMX
Montréal (Montréal — Pierre Elliott Trudeau International)	CYUL
Montréal (St. Hubert)	CYHU
Nanaimo	CYCD
North Bay	CYYB
Ottawa (Macdonald-Cartier International)	CYOW
Penticton	CYYF
Prince Albert (Glass Field)	CYPA
Prince George	CYXS
Prince Rupert	CYPR
Québec (Jean Lesage International)	CYQB
Quesnel	CYQZ
Red Deer Regional	CYQF
Regina International	CYQR
Rivière-Rouge/Mont-Tremblant International	CYFJ
Rouyn-Noranda	CYUY
Saint John	CYSJ
Sarnia (Chris Hadfield)	CYZR
Saskatoon (John G. Diefenbaker International)	CYXE
Sault Ste. Marie	CYAM
Sept-Îles	CYZV
Smithers	CYYD
St. Anthony	CYAY
St. John’s International	CYYT
Stephenville	CYJT
Sudbury	CYSB
Sydney (J.A. Douglas McCurdy)	CYQY
Terrace	CYXT
Thompson	CYTH
Thunder Bay	CYQT
Timmins (Victor M. Power)	CYTS
Toronto (Billy Bishop Toronto City)	CYTZ
Toronto (Lester B. Pearson International)	CYYZ
Toronto/Buttonville Municipal	CYKZ
Val-d’Or	CYVO
Vancouver (Coal Harbour)	CYHC
Vancouver International	CYVR
Victoria International	CYYJ
Wabush	CYWK
Whitehorse (Erik Nielsen International)	CYXY
Williams Lake	CYWL
Windsor	CYQG
Winnipeg (James Armstrong Richardson International)	CYWG
Yellowknife	CYZF

SCHEDULE 3

(Subparagraph 17.22(2)(a)(iii) and paragraphs 17.24(2)(a) and 17.30(2)(e))

Departments and Departmental Corporations
Name
Canada Border Services Agency
Correctional Service of Canada
Department of Agriculture and Agri-Food
Department of Fisheries and Oceans
Department of Health
Department of National Defence
Department of the Environment
Department of Transport
Public Health Agency of Canada
Royal Canadian Mounted Police

SCHEDULE 4

(Subsections 34(1) and (2))

Designated Provisions
Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
Column 1 Designated Provision	Individual	Corporation
Subsection 2(1)	5,000	25,000
Subsection 2(2)	5,000	25,000
Subsection 2(3)	5,000	25,000
Subsection 2(4)	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 12	5,000	25,000
Subsection 13(1)	5,000
Section 13.1	5,000
Section 15	5,000
Section 16	5,000	25,000
Section 17	5,000	25,000
Section 17.2		25,000
Subsection 17.3(1)	5,000
Subsection 17.4(1)		25,000
Subsection 17.5(1)		25,000
Subsection 17.5(2)		25,000
Subsection 17.5(3)		25,000
Subsection 17.6(1)		25,000
Subsection 17.6(2)		25,000
Section 17.7		25,000
Section 17.8		25,000
Section 17.9	5,000
Subsection 17.13(1)	5,000
Subsection 17.13(2)	5,000
Subsection 17.14(1)		25,000
Subsection 17.14(2)		25,000
Section 17.15		25,000
Subsection 17.16(1)		25,000
Subsection 17.16(2)		25,000
Subsection 17.16(3)		25,000
Subsection 17.17(1)		25,000
Subsection 17.17(2)		25,000
Subsection 17.17(3)		25,000
Subsection 17.18(1)		25,000
Subsection 17.18(2)		25,000
Subsection 17.18(3)		25,000
Subsection 17.22(1)		25,000
Subsection 17.24(1)		25,000
Subsection 17.25(1)		25,000
Subsection 17.25(2)		25,000
Subsection 17.31(1)	5,000
Section 17.32	5,000
Section 17.33		25,000
Subsection 17.34(3)		25,000
Subsection 17.34(4)	5,000
Subsection 17.34(5)		25,000
Subsection 17.35(1)		25,000
Subsection 17.35(2)		25,000
Subsection 17.35(3)		25,000
Subsection 17.36(1)		25,000
Subsection 17.36(2)		25,000
Section 17.37	5,000
Section 17.38		25,000
Subsection 17.39(1)		25,000
Subsection 17.39(2)		25,000
Subsection 17.39(3)		25,000
Section 17.40		25,000
Subsection 18(2)	5,000
Subsection 18(3)	5,000
Section 19	5,000	25,000
Section 20	5,000
Subsection 21(1)	5,000	25,000
Section 22	5,000
Section 23	5,000	25,000
Subsection 24(1)	5,000	25,000
Subsection 24(2)	5,000	25,000
Subsection 24(3)	5,000	25,000
Subsection 25(1)	5,000	25,000
Subsection 26(1)	5,000	25,000
Subsection 27(2)	5,000
Section 28	5,000
Subsection 29(2)	5,000
Subsection 30(1)		25,000
Subsection 30(2)	5,000
Subsection 30(3)	5,000
Subsection 30(4)	5,000
Subsection 31(1)	5,000
Subsection 31(2)	5,000
Subsection 33(1)		25,000
Subsection 33(2)		25,000

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-013-21 — Release of RSS-248, issue 1

Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) has published the following document:

Radio Standards Specification RSS-248, issue 1, Radio Local Area Network (RLAN) Devices Operating in the 5925-7125 MHz Band, which sets out the certification requirements for licence-exempt RLAN devices operating indoors in the 5925-7125 MHz frequency band.

This document is official and available on the Published documents page of the Spectrum management and telecommunications website.

Submitting comments

Comments and suggestions for improving these standards may be submitted online using the Standard Change Request form.

November 19, 2021

Martin Proulx
Director General
Engineering, Planning and Standards Branch

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

INSURANCE COMPANIES ACT

Heartland Farm Mutual Inc. — Order to commence and carry on business

Notice is hereby given of the issuance

pursuant to subsection 251(1) of the Insurance Companies Act, of letters patent amalgamating and continuing Heartland Farm Mutual Inc. and the Kings Mutual Insurance Company as one company under the name, in English, Heartland Farm Mutual Inc. and, in French, Heartland Farm Mutual Inc., effective August 1, 2021; and
pursuant to subsection 52(4) of the Insurance Companies Act, of an order authorizing Heartland Farm Mutual Inc. to commence and carry on business, and to insure risks falling within the classes of property insurance, accident and sickness insurance, aircraft insurance, boiler and machinery insurance, automobile insurance, fidelity insurance, hail insurance, and liability insurance, effective August 1, 2021.

December 18, 2021

Peter Routledge
Superintendent of Financial Institutions

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
Chief Executive Officer	Canadian Centre on Substance Abuse
Member	Canadian Cultural Property Export Review Board
Chief Executive Officer	Canadian Dairy Commission
Deputy Chief Commissioner	Canadian Human Rights Commission
Member	Canadian Human Rights Commission
Member	Canadian Museum of Nature
Chairperson	Invest in Canada Hub
Chief Executive Officer	Invest in Canada Hub
Director	Invest in Canada Hub
Trustee	National Gallery of Canada
Privacy Commissioner	Office of the Privacy Commissioner of Canada
Director (Federal)	Québec Port Authority
Director	Windsor-Detroit Bridge Authority

Footnotes

Footnote a

S.C. 2004, c. 15, s. 5

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Footnote b

S.C. 2014, c. 39, s. 144

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Footnote c

S.C. 2015, c. 20, s. 12

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Footnote d

S.C. 2004, c. 15, s. 18

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Footnote e

S.C. 2001, c. 29, s. 39

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Footnote f

R.S., c. A-2

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Footnote g

S.C. 2004, c. 15, s. 11(1)

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