Canada Gazette, Part I, Volume 156, Number 15: GOVERNMENT NOTICES
April 9, 2022
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the substance cyclohexanamine, also known as cyclohexylamine
Whereas the substance cyclohexylamine (Chemical Abstracts Servicefootnote 1 Registry Number 108-91-8) is specified on the Domestic Substances List;footnote 2
And whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of cyclohexylamine under section 74 of the Canadian Environmental Protection Act, 1999;footnote 3
And whereas the ministers suspect that the information concerning a significant new activity in relation to this substance may contribute to determining the circumstances in which the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,
Therefore, notice is hereby given that the Minister of the Environment, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999, intends to amend the Domestic Substances List to indicate that subsection 81(3) of that Act applies to any significant new activity relating to this substance, as set out in this notice.
Public comment period
Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and can be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window, or sent by mail to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, or by email to substances@ec.gc.ca.
The screening assessment of cyclohexylamine may be obtained from the Canada.ca (Chemical Substances) website.
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.
Marc D’Iorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment
ANNEX
1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:
- 108-91-8
Column 1 Substance |
Column 2 Significant new activity for which substance is subject to subsection 81(3) of the Act |
|---|---|
| 108-91-8 S′ | 1. The use of the substance cyclohexanamine in the manufacture of any of the following products in which the substance is present in the product at a concentration equal to or greater than 0.1% by weight:
|
COMING INTO FORCE
3. The Order would come into force on the day on which it is registered.
EXPLANATORY NOTE
(This explanatory note is not part of the notice of intent.)
Description
The notice of intent (NOI) provides an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999 (CEPA)footnote 2 to the substance cyclohexanamine (also known as cyclohexylamine), Chemical Abstracts Service Registry Number 108-91-8, pursuant to subsection 87(3) of that Act.
Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment (the Minister). These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to this substance.
The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.
Further, information-gathering mechanisms other than the SNAc provisions of CEPA were considered, including the publication of an additional notice under section 71 of CEPA and the periodic market surveillance of products through the analysis of Safety Data Sheets (SDS). However, these mechanisms would only collect information after the substance is used in consumer products or cosmetics, which could potentially lead to exposure of concern.
Applicability of the proposed Order
It is proposed that the Order amending the DSL require any person (individual or corporation) engaging in a significant new activity in relation to the substance to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture, or use of the substance for the significant new activity.
In order to address human health concerns, the Order would target the use of the substance in consumer products to which the Canada Consumer Product Safety Act applies. In addition, the Order would target the use of the substance in cosmetics as defined in section 2 of the Food and Drugs Act. Consumer products and cosmetics are potential sources of direct and significant human exposure to this substance.
For the manufacture of consumer products, notification would be required when
- the concentration of the substance in the product is equal to or greater than 0.1% by weight; or
- the concentration of the substance is greater than 0.3% by weight for a firespace gel alcohol fuel canister; or
- the concentration of the substance is greater than 0.7% by weight for a stain, paint, or coating product.
For any other activity involving the use of the substance in a consumer product, notification would be required when the total quantity of the substance in the product that is used during a calendar year is greater than 10 kg if
- the concentration of the substance in the product is equal to or greater than 0.1% by weight; or
- the concentration of the substance is greater than 0.3% by weight for a firespace gel alcohol fuel canister; or
- the concentration of the substance is greater than 0.7% by weight for a stain, paint, or coating product.
For the manufacture of cosmetics, notification would be required when the concentration of the substance in the cosmetic is equal to or greater than 0.1% by weight, other than in an aerosol hairspray product.
For any other activity related to cosmetics, other than in an aerosol hairspray product, notification would be required when the concentration of the substance in the cosmetic is equal to or greater than 0.1% by weight, and the total quantity of the substance that is present in the product during a calendar year is greater than 10 kg.
Activities not subject to the proposed Order
Activities involving the use of the substance in the manufacture of consumer products that contain the substance would not be subject to the proposed Order if
- the concentration of the substance in the product is less than 0.1% by weight; or
- the concentration of the substance is equal to or less than 0.3% by weight for a firespace gel alcohol fuel canister; or
- the concentration of the substance is equal to or less than 0.7% by weight for a stain, paint, or coating product.
Any other activity involving the use of the substance in a consumer product would not be subject to the proposed Order if the total quantity of the substance involved in the activity is 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the proposed Order would not apply if
- the concentration of the substance in the consumer product involved in the activity is less than 0.1% by weight; or
- the concentration of the substance is equal to or less than 0.3% by weight for a firespace gel alcohol fuel canister; or
- the concentration of the substance is equal to or less than 0.7% by weight for a stain, paint, or coating product.
Activities involving the use of the substance in the manufacture of cosmetics that contain the substance would not be subject to the proposed Order if the concentration of the substance in the product is less than 0.1% by weight, or if the cosmetic is an aerosol hairspray product.
Any other activity involving the use of the substance in a cosmetic, other than in an aerosol hairspray product, would not be subject to the proposed Order if the total quantity of the substance involved in the activity is 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the proposed Order would not apply if the concentration of the substance in the cosmetic involved in the activity is less than 0.1% by weight.
The use of cyclohexylamine as a research and development substance, a site-limited intermediate substance or to manufacture export-only consumer products or cosmetics would not require the submission of a SNAN, as these activities are not expected to result in exposure to the general population of Canada. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). An export-only substance is a substance that is manufactured in or imported into Canada and destined solely for foreign markets.
The proposed Order would not apply to uses of the substance that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, or partially unreacted intermediates, or in some circumstances to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the proposed Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.
Information to be submitted
The NOI sets out the proposed requirements for information that would have to be provided to the Minister 90 days before the day on which the substance is imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN and other information to conduct environmental and human health assessments within 90 days after the complete information is received.
The information requirements in the proposed Order relate to general information in respect of the substance, details surrounding its use and exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).
Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.
Compliance
When assessing whether or not a substance is subject to SNAc provisions, a person is expected to make use of information in their possession or to which they may reasonably be expected to have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information, and the relevant SDS.
Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to an order due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.
If any information becomes available that reasonably supports the conclusion that the substance cyclohexylamine is toxic or capable of becoming toxic, the person who is in possession or has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.
A company can submit a SNAN on behalf of its clients. For example, in cases where a person receives possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by the original SNAN.
Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the Order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.
A pre-notification consultation (PNC) is available for notifiers who wish to consult with the program during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.
Where a person has questions concerning their obligations to comply with a notice or order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to contact the Substances Management Information Line.footnote 4
CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 (CEPA, 1999). In instances of non-compliance, consideration is given to the following factors, when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations, and consistency in enforcement.
DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of two substances — sulfamic acid, cyclohexyl-, monosodium salt (sodium cyclamate), CAS RN footnote 1 139-05-9, and cyclohexanamine (cyclohexylamine), CAS RN 108-91-8 — specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas sodium cyclamate and cyclohexylamine are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;footnote 1
Whereas a summary of the screening assessment conducted on sodium cyclamate and cyclohexylamine pursuant to section 74 of the Act is annexed hereby;
And whereas it is concluded that the substances do not meet any 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 take no further action on these substances at this time under section 77 of the Act.
And whereas the Minister of the Environment intends to amend the Domestic Substances List under subsection 87(3) of the Act to indicate that the significant new activity provisions under subsection 81(3) thereof apply with respect to cyclohexylamine.
Steven Guilbeault
Minister of the Environment
Jean-Yves Duclos
Minister of Health
ANNEX
Summary of the screening assessment of sodium cyclamate and cyclohexylamine
Pursuant to section 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 two substances: sulfamic acid, cyclohexyl-, monosodium salt (sodium cyclamate) and cyclohexanamine (cyclohexylamine). These substances were identified as priorities for assessment, as they met categorization criteria under subsection 73(1) of CEPA. The Chemical Abstracts Service Registry Numbers (CAS RN), the Domestic Substances List (DSL) names, and the common names and abbreviations of these substances are listed in the table below.
| CAS RN | DSL name | Common name (abbreviation) |
|---|---|---|
| 139-05-9 | Sulfamic acid, cyclohexyl-, monosodium salt | Sodium cyclamate |
| 108-91-8 | Cyclohexanamine | Cyclohexylamine (CHA) |
Sodium cyclamate and cyclohexylamine do not naturally occur in the environment. According to information submitted in response to a CEPA section 71 survey, no manufacturing quantity was reported for sodium cyclamate or for cyclohexylamine above the reporting threshold of 100 kg in Canada in 2011. The import quantities were reported in a range of 100 000 kg to 1 000 000 kg for sodium cyclamate and a total of 871 518 kg for cyclohexylamine.
In Canada, sodium cyclamate is primarily used as a table-top sweetener and as a non-medicinal ingredient for the purpose of sweetening in drugs, including natural health products. It is not a permitted food additive in Canada, nor has it been identified as being used as a component in the manufacture of food packaging materials. Cyclohexylamine is primarily used as a corrosion inhibitor in water treatment, but it is also a boiler-cleaning agent, and may be used in cosmetics, as a formulant in pesticides, as a component in the manufacture of food packaging materials, incidental additives used in food processing establishments, and in other products available to consumers.
The ecological risks of sodium cyclamate and cyclohexylamine 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 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, sodium cyclamate and cyclohexylamine are considered unlikely to be causing ecological harm.
Considering all available lines of evidence presented in this screening assessment, there is low risk of harm to the environment from sodium cyclamate and cyclohexylamine. It is concluded that sodium cyclamate and cyclohexylamine 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.
Exposure of the general population of Canada to sodium cyclamate can result from its use as a table-top sweetener and from drinking water. Exposure can also result from the use as a non-medicinal ingredient for the purpose of sweetening in drugs, including natural health products.
Exposure of the general population to cyclohexylamine can result from drinking water and food. While there is no potential for direct food contact associated with its uses as a component in the manufacture of food packaging materials, there is potential for dietary exposure from the use of the substance as a boiler water additive in food processing establishments. The general population may also be exposed to cyclohexylamine from use of cosmetics such as aerosol hairsprays and from the use of firespace gel fuel canisters.
Laboratory studies with sodium cyclamate were limited in quality, but indicated potential effects on the testes after a lifetime of high daily oral doses. Given the limited quality of the studies, data from sodium cyclamate’s metabolite, cyclohexylamine, or its analogue, cyclohexylamine hydrochloride, were used to inform selected critical health effects of sodium cyclamate.
For sodium cyclamate and cyclohexylamine, comparisons of levels of oral, dermal and inhalation exposures to the general population and levels at which critical health effects were observed results in margins of exposure considered adequate to address uncertainties in the health effects and exposure databases.
Considering all the information presented in this screening assessment, it is concluded that sodium cyclamate and cyclohexylamine 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.
Overall conclusion
Therefore, it is concluded that sodium cyclamate and cyclohexylamine do not meet any of the criteria set out in section 64 of CEPA.
Consideration for follow-up
Although a risk to human health or the environment has not been identified at current levels of exposure, there may be a concern if exposure to sodium cyclamate were to increase. As a result, this substance may be considered in future initiatives to track its commercial status or identify new uses.
Because cyclohexylamine is listed on the DSL, its import and manufacture in Canada are not subject to notification under the New Substances Notification Regulations (Chemicals and Polymers) under subsection 81(1) of CEPA. Since cyclohexylamine is considered to have human health effects of concern, there is suspicion that new activities that have not been identified or assessed could lead to this substance meeting the criteria set out in section 64 of CEPA. Therefore, the Government of Canada intends to amend the DSL, under subsection 87(3) of the Act, to indicate that the significant new activity (SNAc) provisions under subsection 81(3) of the Act apply with respect to this substance.
A SNAc can include an activity that has not been conducted with the substance in the past, or an existing one with a different quantity or in different circumstances that could affect the exposure pattern of the substance. The SNAc provisions trigger an obligation for a person (individual or corporation) to provide information about a substance when a person proposes to use the substance in a SNAc. The ministers will assess the information provided by the notifier and other information available to them to determine whether the substance, if used in the proposed new activity, could pose a risk to the environment or human health, and, if so, whether risk management is required.
The screening assessment of these substances is available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 58
Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 58 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote a and 4.9footnote b, paragraphs 7.6(1)(a)footnote c and (b)footnote d and section 7.7footnote e of the Aeronautics Act footnote f;
Whereas, pursuant to subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
And whereas, pursuant to subsection 6.41(1.2)footnote g of that Act, the Deputy Minister of Transport has consulted with the persons and organizations that that Deputy Minister considers appropriate in the circumstances before making the annexed Order;
Therefore, the Deputy Minister of Transport, pursuant to subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 58.
Ottawa, March 24, 2022
Michael Keenan
Deputy Minister of Transport
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 58
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.
Confirmation of Health Status
Non-application
7 Sections 8 and 9 do not apply to the following persons:
- (a) a crew member;
- (b) a person boarding an aircraft only to become a crew member on board another aircraft operated by an air carrier;
- (c) a person boarding an aircraft after having been a crew member on board an aircraft operated by an air carrier; or
- (d) a person boarding an aircraft 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.
Notification
8 (1) 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) the person exhibits a fever and a cough or a fever and breathing difficulties;
- (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
- (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.
Confirmation
(2) 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 exhibits a fever and a cough or a fever and breathing difficulties;
- (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
- (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 — notice to person
(3) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers or a confirmation that they know to be false or misleading.
False confirmation — obligations of person
(4) A person who is required to provide a confirmation under subsection (2) must
- (a) answer all questions; and
- (b) not provide answers or a confirmation that they know to be false or misleading.
Exception
(5) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who is required to give a confirmation under subsection (2).
Observations — private operator or air carrier
(6) 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 paragraph (1)(a).
Prohibition
9 (1) 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 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;
- (b) the person’s confirmation under subsection 8(2) indicates that one of the situations described in paragraph 8(2)(a) or (b) applies to that person;
- (c) the person is a competent adult and refuses to give the confirmation under subsection 8(2); or
- (d) the person’s confirmation under subsection 8(2) indicates that the situation described in paragraph 8(2)(c) applies to that person.
Exception
(2) Paragraphs (1)(a) and (b) do not apply to a person who can provide a medical certificate certifying that any symptoms referred to in paragraph 8(2)(a) that they are exhibiting are not related to COVID-19 or who has a result for one of the COVID-19 tests described in subsection 13(1).
[10 reserved]
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. 57, made on March 11, 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 | |
| Subsection 8(3) | 5,000 | 25,000 |
| Subsection 8(4) | 5,000 | |
| Subsection 8(6) | 5,000 | 25,000 |
| Subsection 9(1) | 5,000 | 25,000 |
| 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 | |
DEPARTMENT OF TRANSPORT
CANADA SHIPPING ACT, 2001
Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19)
Whereas the Minister of Transport believes that the annexed Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19) is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Interim Order may be contained in a regulation made pursuant to subsection 120(1)footnote h and paragraphs 136(1)(f)footnote i and (h)footnote i of the Canada Shipping Act, 2001 footnote j;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote k of the Canada Shipping Act, 2001 footnote j, makes the annexed Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19).
Ottawa, March 31, 2022
Omar Alghabra
Minister of Transport
Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19)
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
- 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
- cruise ship
- means any passenger vessel, other than a ferry vessel or a passenger vessel that provides essential services, whose passengers are scheduled to be on board for 24 hours or more. (navire de croisière)
- ferry vessel
- means any vessel, having provision for deck passengers and for vehicles, that is operated on a short run on a schedule between two points over the most direct water route and offers a public service of a type normally attributed to a bridge or tunnel. (transbordeur)
- large cruise ship
- means a cruise ship that
- (a) is certified to carry more than 100 persons, as indicated on its safety inspection certificate or passenger ship safety certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
- (b) is equipped with berths or cabins for overnight travel by passengers. (grand navire de croisière)
- Minister
- means the Minister of Transport. (ministre)
- passenger vessel
- means a vessel, other than a ferry vessel, that is certified to carry more than 12 passengers as indicated on its inspection certificate or passenger ship safety certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government. (bâtiment à passagers)
- passenger vessel that provides essential services
- means a passenger vessel that is set out in the schedule. (bâtiment à passagers qui fournit des services essentiels)
- pilot
- has the same meaning as in section 1.1 of the Pilotage Act. (pilote)
- Ship Safety Bulletin No. 17/2021
- means the Ship Safety Bulletin entitled Measures for Persons (other than passengers) on Canadian Vessels and Foreign Passenger Vessels Operating in Canadian Waters to Mitigate the Spread of COVID-19, SSB No. 17/2021, published on November 1, 2021 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced. (bulletin de la sécurité des navires no 17/2021)
- Ship Safety Bulletin No. 18/2021
- means the Ship Safety Bulletin entitled Measures to Support Safe Cruise Travel in Canada, SSB No. 18/2021, published on November 30, 2021 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced. (bulletin de la sécurité des navires no 18/2021)
- signs and symptoms of COVID-19
- include a fever and a cough or a fever and difficulty breathing. (signes et symptômes de la COVID-19)
- small cruise ship
- means a cruise ship that
- (a) is certified to carry 100 persons or fewer, as indicated on its safety inspection certificate or passenger ship safety certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
- (b) is equipped with berths or cabins for overnight travel by passengers. (petit navire de croisière)
- 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;
- (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); or
- (c) in the case of a COVID-19 antigen test, a person employed by the authorized representative who is trained to oversee the results of the test and attest to it. (fournisseur de services d’essais)
Interpretation — fully vaccinated
(2) For the purposes of this Interim Order, a person is fully vaccinated at least 14 days after they complete a COVID-19 vaccine dosage regimen if
- (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
- (b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.
For greater certainty
(3) For greater certainty, for the purposes of subsection (2), 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.
[2 reserved]
Canadian Vessels
Prohibition
3 (1) It is prohibited for a Canadian vessel, other than a cruise ship, that is operated with 12 or more crew members on board to be operated in any waters unless the vessel’s authorized representative
- (a) has implemented a vaccination policy that contains the elements listed in subsection 12(1);
- (b) subject to subsection (3), has verified that, before boarding the vessel, every person is fully vaccinated or has provided the evidence referred to in paragraph (c);
- (c) has verified that, before boarding the vessel, every person who is not fully vaccinated, other than a passenger or pilot, has undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and has provided evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test; and
- (d) has measures in place for every person on board the vessel who is not fully vaccinated, other than a passenger or a pilot, to undergo testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021.
Prohibition — other vessels
(2) Subsection (1) also applies in respect of any other Canadian vessel, other than a cruise ship, that has an authorized representative who is also the authorized representative of a cruise ship or of any other Canadian vessel that is operated with 12 or more crew members on board.
Exception
(3) For the purposes of paragraph (1)(b), the reference to “person” does not include
- (a) a passenger;
- (b) a pilot; or
- (c) a person whose reason for not completing a COVID-19 vaccine dosage regimen has been verified by an authorized representative under subsection 4(2).
Evidence of vaccination
4 (1) It is prohibited for a person, other than a pilot or a person who intends to be a passenger, to board a Canadian vessel referred to in section 3 that is in Canadian waters unless the person provides to the vessel’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Verification
(2) Despite subsection (1), a person, other than a pilot or a person who intends to be a passenger, may board the vessel if the authorized representative has verified that the person has provided the evidence required in subsection (3) demonstrating that they are not fully vaccinated due to one of the following reasons:
- (a) the person has a medical contraindication that prevents them from being fully vaccinated; or
- (b) the person has a sincerely held religious belief that prevents them from being fully vaccinated.
Evidence
(3) A person who relies on a reason referred to in paragraph (2)(a) or (b) must provide to the authorized representative evidence of their medical contraindication or their sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021.
COVID-19 test result
(4) A person who is not fully vaccinated, other than a pilot or a person who intends to be a passenger, must provide to the vessel’s authorized representative
- (a) before boarding the vessel, evidence that they have undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test; and
- (b) evidence of a result for a COVID-19 test undergone on board the vessel in accordance with Ship Safety Bulletin No. 17/2021.
Evidence — elements
(5) For the purposes of this Interim Order, evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test must include
- (a) the name and date of birth of the person whose 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.
Pilots
Prohibition
5 (1) It is prohibited for any vessel that is operated in Canadian waters to have a pilot on board unless the vessel’s authorized representative has verified that the pilot is fully vaccinated before boarding the vessel.
Verification
(2) Despite subsection (1), a vessel referred to in that subsection may have on board a pilot who is not fully vaccinated if the vessel’s authorized representative has verified, before the pilot boards the vessel, that the pilot
- (a) has a document confirming that the pilotage authority that employs or has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder has verified that the pilot has provided evidence that they have not completed a COVID-19 vaccine dosage regimen due to a reason referred to in subsection 6(2); and
- (b) has undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and has provided evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test.
Prohibition
6 (1) It is prohibited for a pilot to board any vessel that is operated in Canadian waters unless the pilot provides to the vessel’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Verification
(2) Despite subsection (1), a pilot may board the vessel if the pilotage authority that employs or has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder has verified that the pilot has provided the evidence required in subsection (4) demonstrating that they are not fully vaccinated due to one of the following reasons:
- (a) the pilot has a medical contraindication that prevents them from being fully vaccinated; or
- (b) the pilot has a sincerely held religious belief that prevents them from being fully vaccinated.
Accommodation under applicable legislation
(3) If a pilot relies on a reason referred to in subsection (2), the pilotage authority that employs the pilot or that has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder must verify that the pilot is entitled to be accommodated, on the basis of the reason the pilot is relying on, under applicable legislation by being permitted to board the cruise ship without being fully vaccinated.
Evidence
(4) A pilot who relies on a reason referred to in paragraph (2)(a) or (b) must provide to the pilotage authority evidence of their medical contraindication or their sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021.
COVID-19 test result
(5) Before boarding a vessel, a pilot who is not fully vaccinated must provide to the vessel’s authorized representative evidence that they have undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test.
Cruise Ships
Prohibition — large cruise ships (Canadian vessels)
7 (1) It is prohibited for a large cruise ship that is a Canadian vessel to be operated in any waters unless the cruise ship’s authorized representative
- (a) has verified that, before boarding the vessel, every person, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
- (b) has implemented a vaccination policy that contains the elements listed in subsection 12(1);
- (c) has implemented a COVID-19 management plan that contains the measures referred to in section 18;
- (d) has verified that, before boarding the vessel, every person, other than a passenger or a pilot, has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (e) has verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (f) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021;
- (g) has developed a ship-to-shore checklist respecting procedures at ports that meets the requirements set out in subsection 22(1); and
- (h) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.
Prohibition — large cruise ships (foreign vessels)
(2) It is prohibited for a large cruise ship that is a foreign vessel to operate in Canadian waters, unless the cruise ship’s authorized representative
- (a) has verified that, before boarding the vessel, every person, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
- (b) has implemented a COVID-19 management plan that contains the measures referred to in section 18;
- (c) has verified that, before boarding the vessel, every person, other than a passenger or a pilot has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (d) has verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (e) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021;
- (f) has developed a ship-to-shore checklist respecting procedures at ports that meets the requirements set out in subsection 22(1); and
- (g) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.
Prohibition — small cruise ships (Canadian vessels)
(3) It is prohibited for a small cruise ship that is a Canadian vessel to operate in any waters unless the cruise ship’s authorized representative
- (a) has verified that, before boarding the vessel, every person, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
- (b) has verified that, before boarding the vessel, every person, other than a passenger or a pilot, has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (c) has verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (d) has implemented a vaccination policy that contains the elements listed in subsection 12(1);
- (e) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021; and
- (f) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.
Prohibition — small cruise ships (foreign vessels)
(4) It is prohibited for a small cruise ship that is a foreign vessel to operate in Canadian waters unless the cruise ship’s authorized representative has
- (a) verified that every person, before boarding the vessel, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
- (b) verified that every person, before boarding the vessel, other than a passenger or a pilot, has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (c) verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out inShip Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
- (d) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021; and
- (e) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
- (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
- (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.
Exception — passengers 12 years of age or older
(5) Despite subsections (1) to (4), only passengers 12 years of age or older are required to be fully vaccinated.
Exception
(6) For the purposes of paragraphs (1)(a), 2(a), 3(a) and 4(a), the reasons a person may have for not being fully vaccinated are the following:
- (a) the person has a medical contraindication that prevents them from being fully vaccinated; or
- (b) the person has a sincerely held religious belief that prevents them from being fully vaccinated, in the case of
- (i) a person, other than a passenger, on board a cruise ship, or
- (ii) a passenger who boarded a cruise ship in Canada.
Confirmation
8 Before a cruise ship is operated in Canadian waters, the authorized representative of the cruise ship must confirm to the Minister that they have
- (a) verified that every passenger who is 12 years of age or older is fully vaccinated and that every passenger on board the vessel has been tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021 and has provided the results of their COVID-19 test to the authorized representative in accordance with that bulletin;
- (b) verified that every person, other than a pilot, who relies on a reason for not being fully vaccinated has provided the evidence required under subsection 9(5); and
- (c) put the following measures in place:
- (i) measures for every person on board the vessel, other than a passenger or a pilot, who is not fully vaccinated to undergo testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021, and
- (ii) measures for every passenger on board the vessel who is not fully vaccinated to undergo testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021.
Evidence of vaccination
9 (1) It is prohibited for any person, other than a passenger or pilot, to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless the person has provided to the cruise ship’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Evidence of vaccination — passengers
(2) It is prohibited for a passenger who is 12 years of age or older to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless they have provided to the cruise ship’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Exception
(3) Despite subsections (1) and (2), a person may board a cruise ship without providing to the authorized representative of the ship evidence of COVID-19 vaccination for one of the following reasons:
- (a) the person has a medical contraindication that prevents them from being fully vaccinated; or
- (b) the person has a sincerely held religious belief that prevents them from being fully vaccinated, in the case of
- (i) a person other than a passenger, or
- (ii) a passenger who boarded the vessel in Canada.
Accommodation under applicable legislation
(4) The authorized representative must verify that a passenger relying on a reason referred to in subsection (3) is entitled to be accommodated, on the basis of the reason they are relying on, under applicable legislation, by being permitted to board the cruise ship without being fully vaccinated.
Evidence
(5) A person who relies on a reason referred to in subsection (3) must provide to the authorized representative the following evidence:
- (a) in the case of a person other than a passenger or pilot, evidence of a medical contraindication or sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021; and
- (b) in the case of a passenger, evidence of a medical contraindication or sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 18/2021.
COVID-19 test results
(6) It is prohibited for a person to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless the person has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 or Ship Safety Bulletin No. 18/2021 and has provided to the authorized representative of the vessel evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests.
Notification — vaccination
10 A cruise ship that is a foreign vessel on a voyage to Canada departing from any other country must not enter Canadian waters unless the authorized representative of the cruise ship notified every person before they boarded the cruise ship that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the cruise ship or before entering Canadian waters, to the Minister of Health or to a screening officer, as defined in section 2 of that Act, or person designated as a quarantine officer under subsection 5(2) of that Act, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The authorized representative must also notify every person that they may be denied permission to board the cruise ship and may be liable to a fine if this requirement applies to them and they fail to comply with it.
Exceptions
11 This Interim Order does not apply to
- (a) a cruise ship that is a foreign vessel in the territorial sea of Canada that is exercising the right of innocent passage in accordance with international law and Article 19 of Section 3 of the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982;
- (b) a pleasure craft; or
- (c) a vessel that is operated for the purpose of saving lives, securing the safety of another vessel or preventing the immediate loss of another vessel.
Vaccination Policy
Content
12 (1) A vaccination policy must include
- (a) the types and names of the vessels and cruise ships to which the policy applies;
- (b) the measures taken by the authorized representative to comply with local public health guidelines to prevent the spread of COVID-19;
- (c) the authorized representative’s obligations in relation to the policy;
- (d) the measures implemented to ensure that this Interim Order’s requirements in relation to vaccination are complied with, including the requirements set out in paragraph 3(1)(b), subsections 4(1) to (4), section 5, paragraphs 7(1)(a) and (b) and (3)(a) and (d) and subsections 9(1) to (5);
- (e) the means by which a person to whom the policy applies can provide evidence of their vaccination status and that they received one of the COVID-19 test results required by this Interim Order;
- (f) the measures to follow in testing a person for COVID-19 when a vessel or cruise ship is on a voyage that is scheduled to last six days or more, including the measures to follow if the person receives a positive result;
- (g) a procedure for verifying the evidence provided by a person who is subject to the policy who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief;
- (h) a procedure for issuing to a person referred to in paragraph (g) a document confirming the reason for which they did not complete a COVID-19 vaccine dosage regimen;
- (i) the measures to be taken to maintain physical distancing between the persons who work on board the vessels or cruise ships and the persons employed by the authorized representative who are not fully vaccinated, including any work arrangements for those persons who are not fully vaccinated and are unable to work on the vessels or cruise ships;
- (j) a procedure for collecting the following information with respect to an in-person interaction in the workplace between a person who works on board a vessel or cruise ship of an authorized representative and a person employed by the authorized representative who is unvaccinated or whose vaccination status is unknown:
- (i) the date, time and location of the interaction, and
- (ii) the contact information for the persons involved in the interaction; and
- (k) the consequences of not complying with the policy.
Medical contraindication
(2) For the purposes of paragraphs (1)(g) and (h), the vaccination 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 the person provides 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.
Canadian Human Rights Act
(3) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative or a person hired by the authorized representative to provide a service, the vaccination 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 beliefs only if the authorized representative is obligated to accommodate them on that basis under the Canadian Human Rights Act.
Applicable legislation
(4) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative’s contractor or agent or mandatary, the vaccination 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 beliefs only if they would be entitled to an accommodation on that basis under applicable legislation.
Vaccination policy kept on board
(5) The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must ensure that a copy of the vaccination policy is kept on board each such vessel or cruise ship of which they are the authorized representative and must make that policy available to the Minister within 48 hours of the Minister’s request.
Familiarity with policy
(6) The authorized representative must ensure that the crew members on board the vessel or cruise ship are familiar with the content of the vaccination policy and must keep on board the vessel or cruise ship a record indicating that the crew members have familiarized themselves with the policy.
Authorized representative’s confirmation
13 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel that begins to operate after this Interim Order is made must, on the day on which the vessel or cruise ship begins to operate, provide to the Minister written confirmation that they implemented a vaccination policy that contains the elements listed in subsection 12(1).
Documents
14 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must make information related to the implementation of the vaccination policy available to the Minister on the Minister’s request.
Amending vaccination policy
15 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must amend their vaccination policy on the request of the Minister and must submit the amended vaccination policy to the Minister within five business days after the day on which the request is made.
Evidence of vaccination — elements
16 (1) For the purposes of this Interim Order, evidence of COVID-19 vaccination must be evidence issued by the government or the non-governmental entity that is authorized to issue it and must contain the following information:
- (a) the name of the person who received the vaccine;
- (b) the name of the government or the name of the non-governmental entity;
- (c) the brand name or any other information that identifies the vaccine that was administered; and
- (d) the dates on which the doses of the vaccine were administered or, if the evidence is one document issued for more than one dose 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.
Notice to Minister — persons other than passengers
17 (1) An authorized representative referred to in section 3 or 7 or a pilotage authority referred to in subsection 6(2) who has reason to believe that a person, other than a passenger, provided evidence of COVID-19 vaccination, of a COVID-19 test result, of a medical contraindication or of a sincerely held religious belief that is likely to be false or misleading must as soon as feasible provide to the Minister the person’s name, contact information and, if applicable, their Candidate document number (CDN) or their Certificate of Competency number from the Standards for Training, Certification and Watchkeeping (STCW).
Notice to Minister — passengers
(2) An authorized representative of a cruise ship who has reason to believe that a passenger provided evidence of COVID-19 vaccination, of a COVID-19 test result, of a medical contraindication or of a sincerely held religious belief that is likely to be false or misleading must as soon as feasible provide to the Minister
- (a) the person’s name, date of birth and contact information;
- (b) the person’s travel information; and
- (c) a description of the circumstances that led the authorized representative to believe that the evidence is likely to be false or misleading and the date on which they occurred.
COVID-19 Management Plan
Content
18 A COVID-19 management plan must include the measures set out in Ship Safety Bulletin No. 18/2021.
Notice to Minister
19 The authorized representative of a large cruise ship that is a Canadian vessel or of a large cruise ship that is a foreign vessel must notify the Minister before the vessel is first operated in, or first enters, Canadian waters, whichever occurs first after this Interim Order is made, that they have implemented their COVID-19 management plan in accordance with section 18.
Management plan kept on board
20 The authorized representative of a large cruise ship that is a Canadian vessel operating in any waters or of a large cruise ship that is a foreign vessel operating in Canadian waters must ensure that a copy of their COVID-19 management plan is kept on board each cruise ship of which they are the authorized representative and must make that plan available to the Minister within 12 hours of the Minister’s request.
Amending management plan
21 The authorized representative of a cruise ship must amend their COVID-19 management plan on the request of the Minister and must submit the amended plan to the Minister within five business days after the day on which the request is made.
Ship-to-Shore Checklist Respecting Procedures at Ports
Requirement
22 (1) The authorized representative of a large cruise ship that is a Canadian vessel or of a large cruise ship that is a foreign vessel in Canadian waters must:
- (a) develop a ship-to-shore checklist in accordance with the Standards for the Development of a Ship-to-Shore Checklist Respecting Procedures at Ports, published on April 1, 2022 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced; and
- (b) ensure that the measures specified in the checklist are respected.
Attestation
(2) The authorized representative of a vessel referred to in subsection (1) must attest to the Minister that they have completed the ship-to-shore checklist and that it is signed by the port authorities. The attestation must be completed before the vessel is first operated in, or first enters Canadian waters, whichever occurs first after this Interim Order is made.
Checklist kept on board
(3) The authorized representative of a cruise ship referred to in subsection (1) must ensure that a copy of the ship-to-shore checklist is kept on board each cruise ship of which they are the authorized representative and must make that checklist available upon request, within 12 hours, to the Minister or to public health authorities.
Costs — Quarantine and Isolation
Minimizing the Risk of Exposure to COVID-19 in Canada Order
23 An authorized representative who is required under paragraphs 4.921(2.2)(a) or 5.1(1.3)(a) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) to organize for a person a place of quarantine or isolation, a private conveyance or daily meals, must pay for the place, conveyance and meals.
Reports
Report
24 The authorized representative of a Canadian vessel, other than a cruise ship, that is operated with 12 or more crew members on board must provide to the Minister a report in accordance with Ship Safety Bulletin No. 17/2021 that contains the information set out in that bulletin.
Report — passengers
25 The authorized representative of a cruise ship that is a Canadian vessel or of a cruise ship that is a foreign vessel operating in Canadian waters must provide to the Minister a report in accordance with Ship Safety Bulletin No. 18/2021 that contains the information set out in that bulletin.
Monitoring — signs and symptoms of COVID-19
26 (1) A person on board a vessel subject to this Interim Order must
- (a) monitor themselves for signs and symptoms of COVID-19; and
- (b) if they develop signs and symptoms of COVID-19, inform the master of the vessel immediately and follow the master’s instructions.
Requirement to inform
(2) The authorized representative of a vessel subject to this Interim Order must ensure that persons on board the vessel are informed of their obligation to monitor themselves for signs and symptoms of COVID-19.
Exceptions
(3) Subsections (1) and (2) do not apply to
- (a) ferry vessels; and
- (b) passenger vessels that provide essential services.
[27 and 28 reserved]
Prohibition — Authorized Representative and Master
Prohibition
29 The authorized representative, and master, of a vessel referred to in section 3 or a cruise ship must not permit the vessel or cruise ship to contravene any of the restrictions or prohibitions set out in this Interim Order.
Enforcement
Persons ensuring compliance
30 (1) The following persons are authorized to ensure compliance with this Interim Order:
- (a) marine safety inspectors;
- (b) members of the Royal Canadian Mounted Police;
- (c) members of any harbour or river police force; and
- (d) members of any provincial, county or municipal police force.
Powers and duties
(2) A person who is authorized to ensure compliance with this Interim Order may
- (a) prohibit the movement of any vessel or direct it to be moved;
- (b) stop and board any vessel at any reasonable time and
- (i) direct any person to answer reasonable questions and provide reasonable assistance, and
- (ii) require any person to provide, for examination, any document that the person is required to have in their possession or that is required to be kept on board; and
- (c) verify by any means that the requirements of this Interim Order are met.
Obligation to comply
31 A person or vessel must comply with any direction given to them or a requirement or prohibition imposed on them under subsection 30(2).
Repeal
32 The Interim Order No. 2 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19), made on January 15, 2022, is repealed.
Application
33 The other provisions of this Interim Order apply beginning on April 1, 2022.
SCHEDULE
(Subsection 1(1))
| Item | Vessels |
|---|---|
| 1 | A vessel operating to protect public health or safety or the marine environment including a vessel that is involved in
|
| 2 | A vessel that supports the activities of any of the following at their request:
|
| 3 | A vessel that operates when it is the most practical means to
|
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 | |
| Member | Historic Sites and Monuments Board of 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 | |
| Member | Pacific Pilotage Authority | |
| Chairperson | Patented Medicine Prices Review Board | |
| Member | Payments in Lieu of Taxes Dispute Advisory Panel | |
| Deputy Registrar | Supreme Court of Canada | |
| Director | Windsor-Detroit Bridge Authority |