Canada Gazette, Part I, Volume 156, Number 12: GOVERNMENT NOTICES
March 19, 2022
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2022-87-02-02 Amending the Non-domestic Substances List
Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnote a, the Minister of the Environment has added the substance referred to in the annexed Order to the Domestic Substances Listfootnote b;
Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2022-87-02-02 Amending the Non-domestic Substances List.
Gatineau, March 4, 2022
Steven Guilbeault
Minister of the Environment
Order 2022-87-02-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances Listfootnote 1 is amended by deleting the following:
- 67762-35-0
Coming into Force
2 This Order comes into force on the day on which Order 2022-87-02-01 Amending the Domestic Substances List comes into force.
DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication after screening assessment of 14 substances of the Esters Group specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Whereas 10 substances identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the draft screening assessment conducted on 4 substances pursuant to paragraphs 68(b) and (c) of the Act and on the remaining 10 substances pursuant to section 74 of the Act is annexed hereby;
And whereas it is proposed to conclude that methyl acetate meets one or more of the criteria set out in section 64 of the Act;
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that this substance be added to Schedule 1 to the Act.
Notice is furthermore given that the ministers have released a risk management scope document for this substance to initiate discussions with stakeholders on the development of risk management options.
And whereas it is proposed to conclude that the remaining 13 substances do not meet any of the criteria set out in section 64 of the Act,
Notice therefore is hereby given that the ministers propose to take no further action at this time under section 77 of the Act for the 10 substances identified under subsection 73(1) of the Act.
Notice is further given that the ministers propose to take no further action on methyl hexanoate, methyl butanoate, and 2-methoxypropyl acetate at this time.
Notice is further given that options are being considered for follow-up activities to track changes in exposure to 2-methoxypropyl acetate.
Public comment period
Any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email to substances@ec.gc.ca or by using the online reporting system available through Environment and Climate Change Canada’s Single Window.
In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.
Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
Cécile Siewe
Director General
Industrial Sectors and Chemicals Directorate
On behalf of the Minister of the Environment
Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
Summary of the draft screening assessment of the Esters Group
Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of 14 of 16 substances referred to collectively under the Chemicals Management Plan (CMP) as the Esters Group. These 14 substances were identified as priorities for assessment as they met categorization criteria under subsection 73(1) of CEPA or were considered a priority on the basis of other human health concerns. Two of the 16 substances were determined to be of low concern through other approaches, and the decisions for these substances are provided in a separate report.footnote 2 Accordingly, this screening assessment addresses the 14 substances listed in the table below, which will hereinafter be referred to as the Esters Group. The Chemical Abstracts Service Registry Numbers (CAS RNsfootnote 3), the Domestic Substances List (DSL) names and the common names of these substances are listed in the table below.
CAS RN | DSL name | Common name |
---|---|---|
79-20-9 table a1 note a | Acetic acid, methyl ester | Methyl acetate |
102-76-1 | 1,2,3-Propanetriol, triacetate | Triacetin |
106-70-7 table a1 note a | Hexanoic acid, methyl ester | Methyl hexanoate |
109-60-4 | Acetic acid, propyl ester | Propyl acetate |
110-19-0 | Acetic acid, 2-methylpropyl ester | Isobutyl acetate |
111-82-0 | Dodecanoic acid, methyl ester | Methyl dodecanoate |
577-11-7 | Butanedioic acid, sulfo-, 1,4-bis (2-ethylhexyl) ester, sodium salt | Docusate sodium |
623-42-7 table a1 note a | Butanoic acid, methyl ester | Methyl butanoate |
1119-40-0 | Pentanedioic acid, dimethyl ester | Dimethyl glutarate |
3234-85-3 | Tetradecanoic acid, tetradecyl ester | Tetradecyl tetradecanoate |
6846-50-0 | Propanoic acid, 2-methyl-, 2,2-dimethyl-1-(1-methylethyl)-1,3-propanediyl ester | 2,2,4-Trimethyl-1,3-pentanediol diisobutyrate |
25265-77-4 | Propanoic acid, 2-methyl-, monoester with 2,2,4-trimethyl-1,3-pentanediol | Texanol |
68990-53-4 table a1 note b | Glycerides, C14-22 mono- | C14-22 monoglycerides |
70657-70-4 table a1 note a | 1-Propanol, 2-methoxy-, acetate | 2-Methoxypropyl acetate |
Table a1 note(s)
|
According to information submitted in response to CEPA section 71 surveys, 12 of the 14 substances were reported to be manufactured or imported in Canada in 2009 or 2011. Methyl acetate, isobutyl acetate, dimethyl glutarate, 2,2,4-trimethyl-1,3-pentanediol diisobutyrate and docusate sodium were reported to be manufactured in Canada at volumes between 100 kg and 10 000 kg, whereas triacetin was reported to be manufactured between 10 000 kg and 100 000 kg. Reported import volumes of the substances in the Esters Group ranged from approximately 5 000 kg to more than 3 000 000 kg. Methyl hexanoate and methyl butanoate were not reported to be imported or manufactured above reporting threshold values in 2011.
Seven of the 14 substances in the Esters Group (methyl acetate, triacetin, methyl hexanoate, propyl acetate, isobutyl acetate, methyl dodecanoate and methyl butanoate) are naturally occurring in various fruits or plants. Several substances in the Esters Group are primarily used as solvents, including methyl acetate, propyl acetate, isobutyl acetate, methyl dodecanoate, dimethyl glutarate, triacetin, and 2,2,4-trimethyl-1,3-pentanediol diisobutyrate. Other primary uses include as plasticizers (triacetin, 2,2,4-trimethyl-1,3-pentanediol diisobutyrate) or as skin conditioning agents (tetradecyl tetradecanoate). Most of the substances in the Esters Group are used in a range of industrial and commercial products and are also used in products available to consumers, including cosmetics, natural health products, prescription and/or non-prescription drugs, as well as in paints, adhesives, air fresheners, paint removers, firerglass repair products, and concrete crack repair products. Methyl acetate, triacetin, methyl hexanoate, propyl acetate, isobutyl acetate, methyl dodecanoate and methyl butanoate may be used as food flavouring agents. Triacetin and docusate sodium are permitted food additives in Canada. C14-22 monoglycerides is included with the substances monoglycerides or mono- and di-glycerides, which are also permitted food additives in Canada.
The ecological risks of the substances in the Esters Group were characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are established based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances on the basis of their hazard and exposure profiles. Based on the outcome of the ERC analysis, substances in the Esters Group are considered unlikely to be causing ecological harm.
Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from the substances in the Esters Group. It is proposed to conclude that methyl acetate, triacetin, methyl hexanoate, propyl acetate, isobutyl acetate, methyl dodecanoate, docusate sodium, methyl butanoate, dimethyl glutarate, tetradecyl tetradecanoate, 2,2,4-trimethyl-1,3-pentanediol diisobutyrate, texanol, C14-22 monoglycerides, and 2-methoxypropyl acetate do not meet the criteria under paragraph 64(a) or (b) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.
With respect to human health, 8 of the 14 substances in the Esters Group were considered to be of low hazard potential, namely triacetin, propyl acetate, isobutyl acetate, methyl dodecanoate, dimethyl glutarate, tetradecyl tetradecanoate, texanol, and C14-22 monoglycerides. Risk to human health for these substances is therefore considered to be low.
Developmental toxicity is a potential critical effect of methyl acetate due to the rapid hydrolysis of the substance to methanol. Potential developmental effects of methanol were reviewed in the draft screening assessment for the Alcohols Group under the CMP and were taken into consideration in the characterization of risk to human health from exposure to methyl acetate. The predominant routes of exposure to methyl acetate for the general population are expected to be through natural occurrence in food and indoor air and through the use of various products containing the substance, including nail products, cleaning products, automotive products (e.g. aerosol paints, tire cleaners), adhesives (e.g. construction adhesives, aerosol adhesives for fabric and tube glues), adhesive removers, lubricants, paint strippers or removers (referred to as paint removers in this document), and floor coatings. On the basis of comparisons of the levels of exposure to methyl acetate from environmental media and food as well as through the use of products available to consumers outlined above (excluding paint removers and aerosol adhesives), with established reference levels for methanol that were adjusted for exposure to methyl acetate, potential risk to human health is expected to be low. Methanol reference levels of exposure were used because methanol is a hydrolysis product of methyl acetate and because no reference levels currently exist for methyl acetate. Use of paint remover products and aerosol adhesives containing methyl acetate resulted in estimates of exposure to methyl acetate that were higher than established reference concentrations for methanol (when adjusted for exposure to methyl acetate), suggesting a potential risk to human health.
Following absorption, methyl hexanoate and methyl butanoate are expected to undergo hydrolysis to form their respective carboxylic acids (i.e. hexanoic acid and n-butyric acid, respectively) and methanol.
Developmental toxicity is a potential critical effect of methyl hexanoate and methyl butanoate due to the hydrolysis of these substances to form methanol.
Exposure of the general population to methyl hexanoate and methyl butanoate may occur via indoor air or use as a food flavouring agent. Methyl hexanoate is also found in nail products. On the basis of comparisons of the levels of exposure to methyl hexanoate and methyl butanoate with established reference levels for methanol (with methanol reference values adjusted for exposure to methyl hexanoate and methyl butanoate, respectively), the potential risk to human health is expected to be low. Methanol reference levels were used because methanol is a hydrolysis product of both methyl hexanoate and methyl butanoate and because no reference levels currently exist for the aforementioned substances.
The critical effect of 2-methoxypropyl acetate is considered to be developmental toxicity. Potential sources of exposure to 2-methoxypropyl acetate for the general population are expected to be air and water, and the use of products, such as cosmetics, aerosol paints or putty fillers. The margins of exposure between estimated exposure to 2-methoxypropyl acetate and critical effect levels are considered adequate to address uncertainties in the health effects and exposure datasets.
The available health effects information on 2,2,4-trimethyl-1,3-pentanediol diisobutyrate indicates potential effects on the reproductive system. Sources of exposure to 2,2,4-trimethyl-1,3-pentanediol diisobutyrate for the general population are expected to occur predominantly via indoor air and the use of various products containing the substance, including nail products, cosmetic adhesives, natural health products, aerosol primer, pool paint, hobby paints, fiberglass repair products, and concrete crack repair products. Oral exposure of children to 2,2,4-trimethyl-1,3-pentanediol diisobutyrate may also result from its migration from baby bottles made from materials used as substitutes for polycarbonate, and plastic toys. The margins of exposure between critical effects and estimates of exposure to 2,2,4-trimethyl-1,3-pentanediol diisobutyrate are considered adequate to account for uncertainties in the health effects and exposure datasets.
Docusate sodium was reviewed in the United States Environmental Protection Agency (U.S. EPA) screening-level hazard characterization of the sulfosuccinates category in 2009, and that review informs the health effects characterization in this assessment. Critical effects following subchronic oral exposures to docusate sodium were site-of-contact effects on the gastrointestinal tract and decrease in body weight gain observed in rats. Repeated oral exposure to docusate sodium in rats was also associated with developmental effects, but only in the presence of maternal toxicity. Sources of exposure to docusate sodium for the general population are expected to be through its use as a permitted food additive and from the use of products containing the substance, including cosmetics, natural health products, prescription and/or non-prescription drugs, cleaning products, wallpaper paste activator and hardener products. The margins of exposure between estimated exposure to docusate sodium and critical effects level are considered adequate to address uncertainties in the health effects and exposure datasets.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that methyl acetate meets the criteria under paragraph 64(c) of CEPA, as it is entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that triacetin, methyl hexanoate, propyl acetate, isobutyl acetate, methyl dodecanoate, docusate sodium, methyl butanoate, dimethyl glutarate, tetradecyl tetradecanoate, 2,2,4-trimethyl-1,3-pentanediol diisobutyrate, texanol, C14-22 monoglycerides, and 2-methoxypropyl acetate do not meet the criteria under paragraph 64(c) of CEPA, as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
Proposed overall conclusion
It is therefore proposed to conclude that methyl acetate meets one or more of the criteria set out in section 64 of CEPA.
It is also proposed to conclude that triacetin, methyl hexanoate, propyl acetate, isobutyl acetate, methyl dodecanoate, docusate sodium, methyl butanoate, dimethyl glutarate, tetradecyl tetradecanoate, 2,2,4-trimethyl-1,3-pentanediol diisobutyrate, texanol, C14-22 monoglycerides, and 2-methoxypropyl acetate do not meet any of the criteria set out in section 64 of CEPA.
It is also proposed that methyl acetate meets the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.
Consideration for follow-up
While exposure of the general population to 2-methoxypropyl acetate is not of concern at current levels, this substance is associated with effects of concern. Therefore, there may be concern if exposure were to increase. Follow-up activities to track changes in exposure or commercial use patterns are under consideration.
Stakeholders are encouraged to provide, during the 60-day public comment period on the draft screening assessment, any information pertaining to the substance that may help inform the choice of follow-up activity. This could include information on new or planned import, manufacture or use of the substance if the information has not previously been submitted to the ministers.
The draft screening assessment and the risk management scope document for these substances are available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Guidelines for Canadian drinking water quality — 4-Chloro-2-methylphenoxyacetic acid
Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the final guidelines for Canadian drinking water quality for 4-chloro-2-methylphenoxyacetic acid (MCPA). The technical document for these guidelines is available on the Water Quality website. This document underwent a public consultation period of 60 days in 2021 and was updated taking into consideration the comments received.
March 18, 2022
Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
A maximum acceptable concentration (MAC) of 0.35 mg/L (350 µg/L) is established for 4-chloro-2-methylphenoxyacetic acid (MCPA) in drinking water.
This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and is based on assessments of MCPA completed by Health Canada’s Pest Management Regulatory Agency and supporting documents.
MCPA is a phenoxyacetic acid herbicide registered in Canada for use on agricultural sites, fine turf and lawns, in forestry and at industrial sites. It is among the top 10 pesticides sold in Canada, with more than 1 000 000 kg of MCPA active ingredient sold in 2018, and is used across the country, most extensively in the Prairie Provinces. Herbicide formulations can use various forms of MCPA, including the free acid, salts and esters, but all release the acid as the active ingredient. Canadians may be exposed to MCPA through its presence in drinking water, air and food. Certain segments of the population may be exposed in occupational settings related to pesticide use and application.
Data provided by provinces and territories that monitor for MCPA indicate that levels of MCPA in drinking water are mostly below detection limits.
Some studies have been conducted on the impacts of chlorophenoxy herbicides, including MCPA, on human health. However, because the subjects were exposed to several pesticides, as well as to other organic compounds, these studies cannot be used to assess the toxicity of MCPA in humans. The MAC of 0.35 mg/L (350 µg/L) was derived based on kidney effects observed in rats.
MCPA is considered by international agencies as either unclassifiable with respect to carcinogenicity, or not likely to be carcinogenic in humans, based on a lack of evidence of carcinogenicity in animal studies.
Analytical and treatment considerations
The development of drinking water guidelines takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. Several analytical methods are available for measuring MCPA in water at concentrations well below the MAC. At the municipal level, activated carbon, membrane filtration, oxidation, advanced oxidation processes and biological filtration achieved a wide range of removal efficiencies. Although MCPA may be removed using oxidation, water utilities should be aware of the potential for the formation of degradation by-products. Pilot- and/or bench-scale testing are recommended prior to full-scale implementation.
For MCPA removal at a small system or household level, for example, in the case of drinking water from a private well, a residential drinking water treatment unit may be an option. Although there are no treatment units currently certified for the removal of MCPA from drinking water, technologies that are expected to be effective include adsorption (activated carbon) and reverse osmosis. When using such a treatment unit, it is important to send samples of water entering and leaving the treatment unit to an accredited laboratory for analysis to ensure that adequate MCPA removal is occurring.
Routine operation and maintenance of treatment units, including replacement of the filter components, should be conducted according to manufacturer specifications.
Application of the guidelines
Note: Specific guidance related to the implementation of drinking water guidelines should be obtained from the appropriate drinking water authority.
The guidelines are protective against health effects from exposure to MCPA in drinking water over a lifetime. Any exceedance of the MAC should be investigated and followed by the appropriate corrective actions, if required. For exceedances in source water where there is no treatment in place, additional monitoring to confirm the exceedance should be conducted. If it is confirmed that source water MCPA concentrations are above the MAC, then an investigation to determine the most appropriate way to reduce exposure to MCPA should be conducted. This may include use of an alternate water supply or installation of a treatment system. Where treatment is already in place and an exceedance occurs, an investigation should be conducted to verify treatment and determine if adjustments are needed to lower the treated water concentration below the MAC.
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 56
Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 56 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote c and 4.9footnote d, paragraphs 7.6(1)(a)footnote e and (b)footnote f and section 7.7footnote g of the Aeronautics Actfootnote h;
And whereas, pursuant to subsection 6.41(1.2)footnote i 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. 56.
Ottawa, February 28, 2022
Omar Alghabra
Minister of Transport
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 56
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 1, any air terminal buildings or restricted areas or any facilities used for activities related to aircraft operations or aerodrome 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 antigen test
- means a COVID-19 screening or diagnostic immunoassay that
- (a) detects the presence of a viral antigen indicating the presence of COVID-19;
- (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
- (c) if the test is self-administered, is observed and whose result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
- (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
- COVID-19 molecular test
- means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
- (a) if the test is self-administered, is observed and whose result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
- (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)
- (a) if the test is self-administered, is observed and whose result is verified
- document of entitlement
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (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)
- testing provider
- means
- (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
- (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
- variant of concern
- means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)
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
(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, 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
(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 have reasonable grounds to suspect they have, COVID-19;
- (c) they have been denied permission to board an aircraft in the previous 10 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 has reasonable grounds to suspect that they have, COVID-19;
- (b) the person has been denied permission to board an aircraft in the previous 10 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 of the 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 10 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 10 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 Tests — 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 or a COVID-19 antigen 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 or a COVID-19 antigen 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 flight’s initial scheduled departure time;
- (b) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time; or
- (c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time.
Location of test — outside Canada
(1.1) The COVID-19 tests referred to in paragraphs (1)(a) and (b) must be performed outside Canada.
Evidence — location of test
(2) For the purposes of paragraphs (1)(a) and (b) and subsection (1.1), the COVID-19 molecular test or COVID-19 antigen test must not have been performed in a country where, as determined by the Minister of Health, there is an outbreak of a variant of concern or there are reasonable grounds to believe that there is an outbreak of such a variant.
Evidence — alternative testing protocol
13.1 Despite subsections 13(1) and (1.1), 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 or a COVID-19 antigen test that was carried out in accordance with an alternative testing protocol referred to in that section.
Evidence — molecular test
14 (1) Evidence of a result for a COVID-19 molecular test must include
- (a) the name and date of birth of the person from whom the specimen was collected for the test;
- (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
Evidence — antigen test
(2) Evidence of a result for a COVID-19 antigen test must include
- (a) the name and date of birth of the person from whom the specimen was collected for the test;
- (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
- (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 or a COVID-19 antigen 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 or a COVID-19 antigen 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 or a COVID-19 antigen test in accordance with the requirements set out in section 13 or 13.1.
Vaccination — 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 1;
- (b) a person entering a restricted area at an aerodrome listed in Schedule 1 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 1.
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 1 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 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 who has received either
- (i) 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,
- (ii) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time, or
- (iii) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time;
- (d) a person who has received a result for a COVID-19 molecular test or a COVID-19 antigen test described in subparagraph (c)(i), (ii) or (iii) 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 or a COVID-19 antigen test described in subparagraph (c)(i), (ii) or (iii) 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 D-1, O-1 or C-1 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 or a COVID-19 antigen test.
[17.8 reserved]
Provision of evidence
17.9 A person must, at the request of an air carrier, provide to the air carrier 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.
Result of COVID-19 test
17.11 (1) A result for a COVID-19 molecular test or a COVID-19 antigen test is a result described in subparagraph 17.3(2)(c)(i), (ii) or (iii).
Evidence — molecular test
(2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(1)(a) to (d).
Evidence — antigen test
(3) Evidence of a result for a COVID-19 antigen test must include the elements set out in paragraphs 14(2)(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 D-1, O-1 or C-1 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 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 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.
[17.16 reserved]
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.
[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 1;
- (b) an air carrier operating a flight departing from an aerodrome listed in Schedule 1, 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 aerodrome operations or 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, fire prevention services, 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 1.
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 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 2 or a member identification document issued by the Canadian Forces, or
- (iv) who is delivering equipment or providing services within a restricted area that are urgently needed and critical to aerodrome operations and who has obtained an authorization from the operator of the aerodrome before doing so;
- (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 has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief;
- (c) provide for a procedure for verifying evidence provided by a person referred to in paragraph (b) that demonstrates that the person has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief;
- (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 paragraph (b);
- (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 paragraph (b) 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 taken under the procedure referred to in paragraph (g) is prohibited from accessing aerodrome property until the end of the period for which the public health authority of the province or territory in which the aerodrome is located requires them to isolate after receiving a positive result; and
- (i) provide for a procedure that ensures that a person referred to in paragraph (h) who undergoes a COVID-19 molecular test is exempt from the procedure referred to in paragraph (g) for a period of 180 days after the person received a positive result from that test.
Medical contraindication
(3) For the purposes of paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 (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 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 a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 2 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 has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief;
- (c) provide for a procedure for verifying evidence provided by a relevant person referred to in paragraph (b) that demonstrates that the relevant person has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief;
- (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 paragraph (b);
- (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 under the procedure referred to in paragraph (f) is prohibited from accessing aerodrome property until the end of the period for which the public health authority of the province or territory in which the aerodrome is located requires them to isolate after receiving a positive test result;
- (h) provide for a procedure that ensures that a relevant person referred to in paragraph (g) who undergoes a COVID-19 molecular test is exempt from the procedure referred to in paragraph (f) for a period of 180 days after the relevant person received a positive result from that 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 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;
- (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 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;
- (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 are fully vaccinated persons and those who are not,
- (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 taken in accordance with the procedure referred to in paragraph (f),
- (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (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), (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 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 (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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
(6) For the purposes of paragraphs (2)(c) and (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 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 1 from a non-restricted area for a reason other than to board an aircraft for a flight operated by an air carrier;
- (b) a crew member entering a restricted area at an aerodrome listed in Schedule 1 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations;
- (c) a person entering a restricted area at an aerodrome listed in Schedule 1 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 1, 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 1, 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 1, 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 1.
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 2 or a member identification document issued by the Canadian Forces; or
- (f) a person who is delivering equipment or providing services within a restricted area that are urgently needed and critical to aerodrome operations and who has obtained an authorization from the operator of the aerodrome before doing so.
Prohibition
17.31 (1) A person must not enter a restricted area 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
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) 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
(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, the date on which the declaration was signed and, if applicable, 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, 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
(2) If a screening authority denies a person entry to a restricted area, it must notify the operator of the aerodrome as soon as feasible of the person’s name, the date on which the person was denied entry and, if applicable, the number or identifier of the person’s document of entitlement.
Suspension of restricted area access
(3) An operator of an aerodrome must ensure that the restricted area access of a person who was denied entry under subsection (1) is suspended until the person provides the requested evidence or the signed declaration.
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
(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 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
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 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
34 (1) The provisions of this Interim Order set out in column 1 of Schedule 3 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The amounts set out in column 2 of Schedule 3 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
- (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. 55, made on February 23, 2022, is repealed.
SCHEDULE 1
(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))
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 2
(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
- Canadian Security Intelligence Service
- Correctional Service of Canada
- Department of Agriculture and Agri-Food
- Department of Employment and Social Development
- Department of Fisheries and Oceans
- Department of Health
- Department of National Defence
- Department of the Environment
- Department of Public Safety and Emergency Preparedness
- Department of Transport
- Public Health Agency of Canada
- Royal Canadian Mounted Police
SCHEDULE 3
(Subsections 34(1) and (2))
Column 1 Designated Provision |
Column 2 Maximum Amount of Penalty ($) |
|
---|---|---|
Individual | Corporation | |
Subsection 2(1) | 5,000 | 25,000 |
Subsection 2(2) | 5,000 | 25,000 |
Subsection 2(3) | 5,000 | 25,000 |
Subsection 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 17.9 | 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 17.17(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 | |
Subsection 17.36(3) | 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 |
OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS
INSURANCE COMPANIES ACT
Tokio Marine Canada Ltd. — Letters patent of incorporation and order to commence and carry on business
Notice is hereby given of the issuance,
- pursuant to section 22 of the Insurance Companies Act, of letters patent incorporating Tokio Marine Canada Ltd. and, in French, Tokio Maritime Canada ltée, effective December 20, 2021; and
- pursuant to subsection 53(1) of the Insurance Companies Act, of an order authorizing Tokio Marine Canada Ltd. and, in French, Tokio Maritime Canada ltée, to commence and carry on business, and to insure risks falling within the classes of accident and sickness insurance, aircraft insurance, automobile insurance, boiler and machinery insurance, credit insurance, credit protection insurance, fidelity insurance, hail insurance, legal expenses insurance, liability insurance, marine insurance, property insurance, and surety insurance, effective February 1, 2022.
March 19, 2022
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.
Position | Organization | Closing date |
---|---|---|
Director | Bank of Canada | |
Director | Canada Development Investment Corporation | |
Director | Canada Foundation for Sustainable Development Technology | |
Chairperson | Canada Lands Company Limited | |
Chief Executive Officer | Canadian Centre on Substance Abuse | |
Member | Canadian Cultural Property Export Review Board | |
Chief Executive Officer | Canadian Dairy Commission | |
Chairperson | Canadian High Arctic Research Station | |
Member | Canadian High Arctic Research Station | |
Vice-Chairperson | Canadian High Arctic Research Station | |
Deputy Chief Commissioner | Canadian Human Rights Commission | |
Member | Canadian Human Rights Commission | |
Trustee | Canadian Museum for Human Rights | |
Director | Canadian Museum of History | |
Director | Canadian Museum of Nature | |
Member | Canadian Museum of Nature | |
President | Farm Credit Canada | |
Chairperson | International Development Research Centre | |
Chairperson | Invest in Canada Hub | |
Chief Executive Officer | Invest in Canada Hub | |
Director | Invest in Canada Hub | |
Commissioner | Law Commission of Canada | |
President | Law Commission of Canada | |
Member | National Capital Commission | |
Trustee | National Museum of Science and Technology | |
Federal Ombudsman for Victims of Crime | Office of the Federal Ombudsman for Victims of Crime | |
Privacy Commissioner | Office of the Privacy Commissioner of Canada | |
Chairperson | Patented Medicine Prices Review Board | |
Member | Payments in lieu of Taxes Dispute Advisory Panel | |
Director | Windsor-Detroit Bridge Authority |