Canada Gazette, Part I, Volume 156, Number 37: GOVERNMENT NOTICES

September 10, 2022

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to environmental occurrences notification agreements

Whereas on January 29, 2022, the Minister of the Environment published in the Canada Gazette, Part I, pursuant to subsection 9(2) of the Canadian Environmental Protection Act, 1999 (CEPA), a notice with respect to the availability of the proposed environmental occurrences notification agreements between the Government of Canada and the governments of Ontario, Manitoba, British Columbia, Saskatchewan, Alberta, and Yukon on the CEPA Registry website.

Whereas no notices of objection were filed and no comments were received in respect thereof;

Now therefore notice is hereby given, pursuant to subsection 9(4) of the Canadian Environmental Protection Act, 1999, that no notices of objection were filed and no comments were received by the Minister of the Environment during the consultation period.

Gatineau, August 26, 2022

Steven Guilbeault
Minister of the Environment

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 71

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 71 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

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 makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 71 under subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f.

Ottawa, August 29, 2022

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 71

Interpretation

Definitions

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

aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
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 produces a result that 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 produces a result that 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)
customs officer
has the same meaning as officer in subsection 2(1) of the Customs Act. (agent des douanes)
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)
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)
quarantine officer
means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
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
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:

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

Notification

Quarantine plan and vaccination

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, where applicable, they are required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, their quarantine plan and information related to their COVID-19 vaccination, or, if the person is not required under that order to provide their plan and information, their contact information, using the ArriveCAN application or website. 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.

ArriveCAN — verification

3 (1) At the request of the Minister, a private operator or air carrier operating a flight referred to in section 2 must verify, before a person boards the aircraft, whether the person has provided evidence that they have submitted the information required by the ArriveCAN application or website.

ArriveCAN — information

(2) Before boarding the aircraft, the person must provide to the private operator or air carrier operating the flight evidence that they have submitted the information required by the ArriveCAN application or website.

Exception

(3) Subsection (2) does not apply to a person who is not required under an order made under section 58 of the Quarantine Act to submit the information by electronic means.

ArriveCAN — evidence

(4) For the purposes of subsections (1) and (2), an ArriveCAN receipt that contains a six-character code or QR code is evidence that the information has been submitted.

Records

(5) If a person does not comply with subsection (2), the private operator or air carrier must

Retention period

(6) 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

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

Copy of record

4 A private operator or air carrier must provide a copy of the record referred to in subsection 3(5) to the Public Health Agency of Canada within one hour after the flight’s departure.

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:

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

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:

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

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

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 13 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 13 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.

[12 reserved]

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

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

Evidence — antigen test

(2) Evidence of a result for a COVID-19 antigen test must include

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.

Masks

Non-application

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

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

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

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

Exceptions — flight deck

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

Compliance

22 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel, a crew member, a customs officer or a quarantine officer 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

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

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

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

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) Sections 28 and 28.1 do not apply to any of the following persons:

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 or 28.1 if the child

Wearing of mask — persons on board

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.

Wearing of mask — customs and border processing area

28.1 A person must wear a mask at all times when they are in the customs and border processing area.

Screening Authority

Non-application

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

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

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

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 the schedule 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 the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

Notice

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

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 70, made on August 16, 2022, is repealed.

SCHEDULE

(Subsections 34(1) and (2))

Designated Provisions

Colum 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual Corporation
Section 2 5,000 25,000
Subsection 3(1) 5,000 25,000
Subsection 3(2) 5,000  
Subsection 3(5) 5,000 25,000
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
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
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  
Section 28.1 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

PRIVY COUNCIL OFFICE

Appointment opportunities

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

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

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

Current opportunities

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

Governor in Council appointment opportunities
Position Organization Closing date
Director Bank of Canada  
Director Business Development Bank of Canada  
Chairperson Canada Agricultural Review Tribunal  
Director Canada Development Investment Corporation  
Director Canada Foundation for Sustainable Development Technology  
Chairperson Canada Lands Company Limited  
Member Canada–Nova Scotia Offshore Petroleum Board  
Chairperson Canadian Air Transport Security Authority  
Director Canadian Commercial Corporation  
Member Canadian Cultural Property Export Review Board  
Chairperson Canadian High Arctic Research Station  
Member Canadian High Arctic Research Station  
Vice-Chairperson Canadian High Arctic Research Station  
Chief Commissioner Canadian Human Rights Commission  
Member Canadian Human Rights Commission  
Trustee Canadian Museum for Human Rights  
Director Canadian Museum of History  
Chairperson Canadian Museum of Nature  
Chairperson Canadian Radio-television and Telecommunications Commission  
Vice-Chairperson Canadian Radio-television and Telecommunications Commission  
Member Canadian Transportation Agency  
Special Representative on Combatting Islamophobia Department of Canadian Heritage  
Chairperson Export Development Canada  
Director Export Development Canada  
President Farm Credit Canada  
Director First Nations Financial Management Board  
Member Historic Sites and Monuments Board of Canada  
Commissioner International Commission on the Conservation of Atlantic Tunas  
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  
Chairperson National Arts Centre Corporation  
Member National Capital Commission  
Member National Farm Products Council  
Vice-Chairperson National Farm Products Council  
Government Film Commissioner National Film Board  
Trustee National Museum of Science and Technology  
Member Net-Zero Advisory Body  
Canadian Representative North Atlantic Salmon Conservation Organization  
Canadian Representative North Pacific Anadromous Fish Commission  
Federal Ombudsman for Victims of Crime Office of the Federal Ombudsman for Victims of Crime  
Member Pacific Pilotage Authority  
Chairperson Patented Medicine Prices Review Board  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Chairperson Royal Canadian Mounted Police Management Advisory Board  
Member Royal Canadian Mounted Police Management Advisory Board  
Vice-Chairperson Royal Canadian Mounted Police Management Advisory Board  
Deputy Registrar Supreme Court of Canada  
Executive Director Telefilm Canada