Canada Gazette, Part I, Volume 155, Number 31: GOVERNMENT NOTICES

July 31, 2021

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions with respect to the processing of applications for a permanent resident visa made by parents or grandparents of a sponsor as members of the family class and the processing of sponsorship applications made in relation to those applications

These Instructions are published in the Canada Gazette in accordance with subsection 87.3(6) of the Immigration and Refugee Protection Act (the Act).

These Instructions are given, pursuant to section 87.3 and subsections 92(1.1) and (2) of the Act, by the Minister of Citizenship and Immigration as, in the opinion of the Minister, these Instructions will best support the attainment of the immigration goals established by the Government of Canada by seeing families reunited in Canada.

Scope

These Instructions apply to applications for a permanent resident visa of sponsors’ parents or grandparents made under the family class, referred to in paragraphs 117(1)(c) and (d) of the Immigration and Refugee Protection Regulations (the Regulations), respectively, as well as to sponsorship applications made in relation to those applications.

Conditions — interests to sponsor

The Department will accept interests to sponsor from persons who want to sponsor a parent or grandparent. In order to be accepted, the interests to sponsor must be complete and submitted to the Department during the period of time established by these Instructions and using the electronic means made available for this purpose. Duplicate interests to sponsor will be removed, keeping only the most recent one.

For the purposes of these Instructions,

  • (a) a working day does not include Saturdays or holidays within the meaning of subsection 35(1) of the Interpretation Act, and if New Year’s Day falls on a Saturday or a Sunday, a working day also does not include the following Monday; and
  • (b) in 2020, the period during which a person can indicate their interest in making a sponsorship application begins at noon, Eastern daylight time, on October 13, and ends at noon, Eastern standard time, on November 3.

Interests to sponsor — submission by other means

If a potential sponsor is unable to submit an interest to sponsor by the electronic means made available by the Department due to a mental or physical disability, the Department may make an alternative format available. Any requests for an alternative format must be made between noon, Eastern daylight time, on September 30, 2020 and noon, Eastern standard time, on November 3, 2020. To be accepted, interests to sponsor submitted in an alternative format must be complete and received by the Department within 25 working days of the date that the alternative format was sent from the Department to the potential sponsor.

Invitations to submit a sponsorship application

Invitations to submit a sponsorship application will be issued to potential sponsors using a randomized selection process from among all non-duplicate interests to sponsor that have not yet been issued an invitation. Invitations issued by the Department are not transferable.

Number of applications to be accepted for processing in a year

Following the submission of interests to sponsor in fall 2020, removal of duplicates, randomization, and sending of invitations to apply, it is anticipated that there will be insufficient time for invited sponsors and their parents and grandparents to submit complete applications during the 2020 calendar year. In order to accommodate these factors, sponsorship applications resulting from the fall 2020 intake process will be received in 2021.

A maximum of 40 000 sponsorship applications made in relation to applications for a permanent resident visa, which are made by sponsors’ parents or grandparents under the family class, will be accepted for processing in the 2021 calendar year, which begins on January 1, 2021, and ends on December 31, 2021. This maximum may be amended in accordance with any subsequent Instructions the Minister may provide.

Conditions — sponsorship applications

In order to be processed, any sponsorship application referred to in these Instructions that has not been returned under section 12 of the Regulations for not meeting the requirements of sections 10 and 11 of the Regulations — for example by not using all the applicable forms provided by the Department in the application package made available on the website of the Department or by not including all information, documents and evidence referred to in paragraph 10(1)(c) of the Regulations — must meet the following conditions:

  • (a) the sponsorship application is made by a person who, having indicated — during the period during which they could do so — their interest in making a sponsorship application by means that have been made available by the Department for that purpose, has been invited to make the application;
  • (b) the sponsorship application indicates the same information [name, date of birth, address, country of birth, copy of status in Canada document (including its number and must be one from the list of acceptable documents listed in Guide 5772 — Application to Sponsor Parents and Grandparents, made available on the website of the Department and as amended from time to time)] that was included with the interest to sponsor in relation to which the invitation to make a sponsorship application was issued by the Department, or in the case of any difference in information between the interest to sponsor and the sponsorship application, the application includes an explanation of the reason for the change in information and satisfactory evidence that the application pertains to the same potential sponsor identified on the interest to sponsor in relation to which the invitation to make a sponsorship application was issued by the Department;
  • (c) the sponsorship application is accompanied by the documents required by the application package made available on the website of the Department, as amended from time to time; and
  • (d) the sponsorship application has been received by the Department within the period of 60 days after the day on which the Department sent the sponsor an invitation to make a sponsorship application. If, however, the sponsorship application and fees required to be paid pursuant to the Regulations are received within 60 days, but some documentation required by these Instructions or the Regulations is missing, the Department shall ordinarily grant the sponsor an extension of an additional 30 days, for a total of 90 days from the date on which the Department sent the sponsor an invitation to make a sponsorship application, to submit the missing documentation.

Conditions — permanent resident visa applications

In order to be processed, any permanent resident visa application referred to in these Instructions that has not been returned under section 12 of the Regulations for not meeting the requirements of sections 10 and 11 of the Regulations — for example by not using all the applicable forms provided by the Department in the application package made available on the website of the Department or by not including all information, documents and evidence referred to in paragraph 10(1)(c) of the Regulations — must meet the following conditions:

  • (a) the permanent resident visa application is made by an applicant sponsored by a person whose sponsorship application met all of the conditions for processing sponsorship applications established by these Instructions;
  • (b) the permanent resident visa application is accompanied by the documents required by the application package made available on the website of the Department, as amended from time to time; and
  • (c) the permanent resident visa application has been received by the Department within the period of 60 days after the day on which the Department sent the sponsor an invitation to make a sponsorship application. If, however, the permanent resident visa application and fees required to be paid pursuant to the Regulations are received within 60 days, but some documentation required by these Instructions or the Regulations is missing, the Department shall ordinarily grant the applicant an extension of an additional 30 days, for a total of 90 days after the date on which the Department sent the sponsor an invitation to make a sponsorship application, to submit the missing documentation.

Applications to be submitted by electronic means

In order to be processed, any sponsorship or permanent resident visa application referred to in these Instructions submitted on or after the coming into force of the Instructions must be submitted using electronic means (apply online).

Potential sponsors or foreign nationals submitting applications referred to in these Instructions who, because of a disability are unable to meet a requirement to submit an application using electronic means, may submit these applications by any other means that is made available or specified by the Minister for that purpose.

Order for processing

Applications meeting the applicable conditions established by these Instructions are processed in the order in which they are received by the Department.

Humanitarian and compassionate requests

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

Disposition of applications

Any application that does not meet the applicable conditions established by these Instructions will be returned.

Repeal

The following Instructions are repealed, effective August 4, 2021:

  • (a) Ministerial Instructions with respect to the processing of applications for a permanent resident visa made by parents or grandparents of a sponsor as members of the family class and the processing of sponsorship applications made in relation to those applications, published in Part I of the Canada Gazette on October 10, 2020.

Coming into effect

These Instructions take effect on August 4, 2021.

Ottawa, July 15, 2021

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

DEPARTMENT OF HEALTH

Notice of intent to amend the Food and Drug Regulations and the Medical Devices Regulations to support regulatory agility

Purpose

This notice is to inform Canadians, regulated parties and other stakeholders that Health Canada intends to amend the Food and Drug Regulations and the Medical Devices Regulations in the spring of 2022. The amendments would continue to modernize the Canadian therapeutic product regulatory system toward strengthened implementation of a lifecycle approach through continuous monitoring, assessment and communication of the risks and benefits of drugs and medical devices at both the authorization stage and once they are on the market. The amendments would give the Minister of Health (the Minister) the ability to impose terms and conditions on drug and medical devices authorizations as well as the ability to require a Risk Management Plan. The amendments would also extend flexibilities such as rolling submissions, which are currently in use for COVID-19 drugs, to other drugs in specified circumstances and would modernize requirements for biologic drugs by repealing outdated requirements and replacing them with those that reflect current safety practices.

Background

Over the last few years, Health Canada has been actively engaging in legislative and regulatory modernization to support a drug and medical device framework that effectively oversees regulated products over the entirety of their lifecycle. In 2014, Parliament adopted the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law), which amended the Food and Drugs Act to improve the safety oversight of therapeutic products. This was a key step in Health Canada’s initiative to modernize the Food and Drugs Act (the Act) and its regulations. Regulations made under the new Vanessa’s Law authorities introduced measures strengthening safety oversight of therapeutic products throughout their lifecycle (e.g. terms and conditions for opioids and vaccines), improving post-market safety surveillance (e.g. mandatory reporting of serious drug reactions and medical device incidents by hospitals, expanded post-market authorities for medical devices) and promoting greater confidence in the oversight of therapeutic products by increasing transparency (e.g. public release of clinical information).

This proposal is a first step toward enhancing the agility of Canada’s drug and medical device regulations, and represents a key pillar of Health Canada’s broader Regulatory Innovation Agenda. Initiated following the 2019 Health and Biosciences Sectoral Regulatory Review, the Regulatory Innovation Agenda will support the reduction of regulatory irritants and roadblocks to innovation by making Canada’s science-based regulatory system more agile and internationally aligned. This will be achieved, in part, by leveraging flexible regulatory tools to more effectively oversee products across their lifecycle and modernizing outdated provisions within the drug and medical devices regulations.

In response to the COVID-19 pandemic, Health Canada established a number of emergency pathways, by making Interim Orders, to support the expedited review of urgently needed drugs and medical devices for use in relation to COVID-19.

As the first phase, this proposal focuses on putting in place regulatory agilities envisioned under the Regulatory Innovation Agenda that leverage existing policies and practices while building upon recent experiences through the application of those concepts under the Interim Orders. This first phase is expected to deliver positive results for Canadians, including

  • Improved access to innovative drugs, including drugs for rare diseases and pediatric populations;
  • Increased transparency about risks, benefits and uncertainties;
  • Ability of health care practitioners to prescribe a greater range of products with confidence about their risks, benefits and uncertainties;
  • Increased benefit for priority drugs and populations from more flexible submission requirements (e.g. for pediatric formulations and indications); and
  • Faster access and more treatment options for Canadian animal owners and veterinarians, including helping Canadian food producers remain competitive globally.

Proposed amendments

Terms and conditions

Currently, the Minister has limited ability to compel manufacturers to take steps to manage risks and resolve uncertainties once the product is marketed. Terms and conditions enable enhanced post-market oversight and monitoring of therapeutic products, by obligating the drug or medical device authorization holder to take steps to manage risks and resolve uncertainties. Failure to comply with terms and conditions is an offence under the Food and Drugs Act.

Terms and conditions — Drugs

The current regulations allow the Minister to apply terms and conditions for opioids and COVID-19 drugs. The proposed amendments would extend the Minister’s authority to allow a term and condition to be imposed on any human or veterinary drug. These changes would build on the existing regulations that allow terms and conditions to be imposed, as well as on experience gained under the Interim Order Respecting the Importation, Sale and Advertising of Drugs for Use in Relation to COVID-19, and will leverage experience with Health Canada’s Notice of Compliance with conditions (NOC/c) policy.

Terms and conditions could be applied on a Drug Identification Number at the time it is issued, or at any time later, if a significant risk or uncertainty has been identified. Terms and conditions could also be amended or removed at any time if necessary.

In imposing or amending terms and conditions, the Minister would consider whether they are feasible for the manufacturer, the manufacturer’s ability to manage the risks or uncertainties related to the drug and whether there are other, less burdensome ways of managing those risks or uncertainties. As per current practice, Health Canada would engage in discussions with the manufacturer prior to imposing a term and condition.

Terms and conditions could be imposed at the point of issuance of a market authorization for a drug. These drugs will predominantly include those that address a serious (including life-threatening) or severely debilitating disease or condition; an emergency, such as new and emerging infectious diseases in humans or animals; veterinary drugs for minor uses or minor species; or situations where there is uncertainty about information provided in a drug submission that can be addressed by collecting additional information from clinical trials and real-world experience. Terms and conditions would not be intended to enable any drug submission to be filed with suboptimal data or to address deficiencies in a drug submission. All drug submissions will be required to have the necessary information establishing the safety, efficacy and quality of the drugs.

Where post-market assessments of real-world evidence identify significant new risks or uncertainties about a drug’s safety, efficacy, or quality, terms and conditions may be imposed or amended. Terms and conditions could also be applied as a result of information gained from Risk Management Plans or when post-authorization changes occur.

Terms and conditions — Medical devices

The current Medical Devices Regulations grant the Minister the authority to impose and amend terms and conditions related to testing on Class II, III and IV medical device licences at the time of licencing. The proposed changes would build on the existing regulations and leverage the experience gained through Interim Order No. 2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19, which allows terms and conditions to be imposed on COVID-19 medical devices.

The proposed amendments would allow the Minister to impose terms and conditions on Class II, III and IV medical devices at the time a licence is issued, or at any time later, if a significant risk or uncertainty has been identified. Terms and conditions could also be amended or removed at any time if necessary. Terms and conditions would not be limited in scope and would be applied after considering all other available tools under the Medical Devices Regulations and Food and Drugs Act.

Terms and conditions are intended to be imposed as needed in order to

  • Continue to optimize the safety or effectiveness associated with the medical device;
  • Manage the uncertainties relating to the benefits or risks identified at the time of issuance;
  • Collect data to be able to assess potential changes to safety or effectiveness and to manage uncertainties, such as data on long-term follow-ups when that data is not available at the time of application (e.g. for new or novel technologies, or expanding indications for use);
  • Restrict distribution of a medical device (e.g. by a federal partner or to certain populations such as pediatric or pregnant women); and
  • Require the authorization holder to make changes to the medical devices or its labelling to optimize the safety and effectiveness or quality of the device.
Risk Management Plans

A Risk Management Plan (RMP) summarizes the risks of a drug and the pharmacovigilance activities and other measures that the manufacturer would put in place to monitor and manage those risks. Although Health Canada has a long-standing practice of requesting RMPs, currently, the Minister has limited ability to compel manufacturers to submit one and follow up on commitments made under that plan. In order to better support ongoing evaluation of information that could have an impact on the benefit-risk profile of drugs, the proposed amendments will create a new requirement for applicants to provide the Minister with a Risk Management Plan as part of their application for the authorization of a drug for human use. This tool would help identify, characterize, prevent or minimize risks.

The proposed amendments would reflect Health Canada’s long-standing practice set out in the guidance document entitled Submission of Risk Management Plans and Follow-up Commitments of requesting the filing of a risk management plan at the time of submission for drugs with new active substances, some generic drugs, biologic and radiopharmaceutical drugs, extraordinary use new drugs and those drugs which were previously withdrawn from market due to a serious safety issue. The amendments would also allow the Minister to request a risk management plan for drugs if there are significant uncertainties related to the benefits and risks.

Under the proposed amendments, the Minister could also require an updated Risk Management Plan if there are reasonable grounds to believe that the benefits, risks and uncertainties associated with the drug are significantly different from the existing plan, and the existing Risk Management Plan is no longer sufficient to manage those risks and uncertainties.

Where an authorization holder proposes a change to an existing Risk Management Plan, they must notify the Minister and, where the change is significant, submit the proposed change for review prior to implementation.

To support regulatory transparency, the amendments would place an obligation on the Minister to publish summary information of each new RMP in both official languages. Similar to the disclosure of information with respect to clinical trials, the Food and Drug Regulations would indicate that the Risk Management Plan and the summary are not confidential business information. Consideration is being given to making Risk Management Plans available upon request.

Rolling submissions

Building upon the regulatory pathway for COVID-19 drugs, the proposed amendments would create an optional application pathway to facilitate timely access to human and veterinary drugs that address significant new and emerging infectious diseases in Canada (e.g. epidemic or pandemic situations, seasonal influenza vaccine updates), and drugs for the treatment, prevention or diagnosis of serious or severely debilitating diseases or conditions (e.g. those drugs that meet the criteria for the Priority Review of Drug Submissions guidance). Subsequent entry drugs, namely generic pharmaceuticals or biosimilars, are not eligible for this application pathway. The proposed amendments are not intended to restrict the current practice of rolling collaborative reviews of drug submissions with foreign regulatory authorities.

The amendments would set out specific information required as part of the initial data package. Administrative components, meaningful information that supports the quality, safety and efficacy of the drug and an acceptable plan for submitting outstanding data would be required at first filing. By allowing manufacturers to file an initial data package along with a plan to provide outstanding data within a set period of time, Health Canada’s review of these products can begin sooner.

As part of a manufacturer’s submission plan for outstanding data and studies, Health Canada would request that the manufacturer submit complete modules, although some flexibility may be granted in this regard (to be informed by practices in other jurisdictions conducting rolling reviews in non-emergency contexts).

The Minister of Health would also have the authority to deem a submission deficient or non-compliant if the manufacturer cannot satisfactorily meet the minimum data requirements or file the outstanding data set out in the plan within a specified time frame from the date that the submission is accepted for review.

As with rolling submissions for COVID-19 drugs, the time frame would begin when Health Canada deems the submission to be acceptable for review.

Modernizing requirements for biologic drugs

The modernization of Part C, Division 4 (Biologic Drugs) of the Food and Drug Regulations in Phase 1 proposes to remove outdated product-specific regulations and reflect how the safety purposes underlying these rules would be achieved through more general requirements in regulation that are applied through current guidance and practice. The provisions proposed to be repealed are the product- or class-specific provisions spanning between C.04.050 and C.04.683. The amendments will be implemented in a manner that will minimize impact on manufacturers of currently marketed drugs.

Controls over manufacturing of biologic drugs

The amendments would replace the prescriptive requirements for biologic starting and auxiliary materials with more flexible, outcome-based requirements that maintain an appropriate level of safety oversight. Measures intended to prevent contamination of biologic products by infectious agents, would also apply to biologic starting and auxiliary materials. Requirements respecting animals from which drugs are sourced will be extended to apply to animals from which biologic starting and auxiliary materials are sourced.

Existing regulations controlling contamination or cross-contamination of biologic drugs are proposed to be generalized to ensure that production personnel do not contribute to the risk of cross-contamination. The amendments would repeal certain personnel requirement provisions, as they are outdated, and these provisions would be superseded by newer requirements that apply broadly to all drugs, under Part C, Division 2 (Good Manufacturing Practices) of the Food and Drug Regulations.

More prescriptive storage and transportation requirements will be repealed and replaced by a more general requirement that all biologic drugs be stored and transported under conditions that maintain the safety and quality of the drug.

Standards for biologic drugs

Individual standards for biologic drugs such as insulin that are prescribed in Division 4 are out-of-date with changes in science. The intent is to repeal these standards, and rely on standards set out in Schedule B to the Act. Where no Schedule B standard exists, or where the Schedule B standard is not able to be used for a specific drug, in order to maintain appropriate safety oversight, the amendments would enable the use of an alternate standard that includes the specification for purity and potency unless the Minister indicates otherwise.

As a result of these repeals, the definitions for “date of manufacture” and “date of issue” are no longer required and would also be repealed.

Lot release of biologic drugs

Provisions supporting the lot release program would be amended to better support a risk-based, tiered approach, more reflective of current guidance and practice. The Minister would be provided the ability to request samples of biologic drug lots, along with other materials if they are not commercially available, for the purpose of conducting testing at any time. To manage risks associated with individual lots, the Minister would have the ability to suspend the sale of an individual lot, instead of suspending the drug’s authorization, where there is evidence that the lot would present an unacceptable risk to the health and safety of Canadians.

Labelling of biologic drugs

The amendments would update the labelling requirements for biologic drugs to align them with those for other pharmaceuticals, in Part C, Division 1 of the Food and Drug Regulations. These include labelling flexibilities for special containers.

In addition to adequate directions for use, a statement indicating the approved storage conditions, and in certain conditions, appropriate safety statements could be required to be added to labels.

The labels of biologic drugs derived directly from human or animal sources would be required to indicate the species of origin.

Amendments would allow manufacturers of certain biologic drugs that are stockpiled for use in emergency situations, where the need for the drug is sporadic and infrequent, to indicate the expiry date by other means than through a statement on the label on the package. The alternate means of indicating the expiry date must be readily available to the person administering the drug, and acceptable to the Minister. This flexibility would help prevent risk to the quality of the product introduced by the frequent labelling updates to the drug product when data from an ongoing stability program supports a shelf-life extension beyond the initial approved expiry date. Such flexibilities could reduce the costs associated with the premature disposal or replacement of stockpiled drugs and safeguard availability.

All of these labelling amendments are in line with current practices and therefore are not expected to impact approved labels.

On-site evaluation of biologic drug manufacturing facilities

On-site evaluations have been a long-standing component of the pre-market evaluation of biologic drugs. The amendments would clarify in the Food and Drug Regulations the Minister’s authority, when considering a submission, to evaluate the manufacturing as implemented at the site of manufacture, and confirm the ability of the manufacturer to consistently produce a safe biologic drug.

Fees

Any change in fees as a result of these amendments will be assessed at a future date.

Public comments

Comments on the Minister of Health’s proposal to amend the Food and Drug Regulations and the Medical Devices Regulations as described in this Notice of intent can be provided during the next 90 calendar days ending October 28, 2021. Guidance documents will be developed or updated as necessary to reflect the changes to the regulations.

Contact information

Comments for this proposal can be submitted electronically to the Office of Legislative and Regulatory Modernization at hc.lrm.consultations-mlr.sc@canada.ca, or by mail to the Office of Legislative and Regulatory Modernization, Health Products and Food Branch, Health Canada, Address locator 3000A, Ottawa, Ontario K1A 0K9.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

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

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

Notice is hereby given of the filing of claims for exemption under the HMIRA listed in the table below.

Claims for exemption
Claimant Product identifier Subject of the claim for exemption Registry number
BASF Canada Inc. Irgastab FS 811 FF C.i. of one ingredient 03412849
Johns Manville Canada Inc. JM CORBOND® IV Closed-cell Spray Polyurethane Foam (cc SPF) – Component B (Canada) C.i. of three ingredients 03413035
King Industries, Inc. K-KAT XK-614 C.i. and C. of two ingredients 03413378
Chevron Oronite Company LLC CS 4401 C.i. of two ingredients 03413957
NextStream LLC CATALYST C C.i. and C. of two ingredients 03414951
Afton Chemical Corporation HiTEC® 65032 Fuel Additive C.i. of two ingredients 03415094
Afton Chemical Corporation NEMO 1132 C.i. of two ingredients 03415095
Afton Chemical Corporation HiTEC® 65032T Fuel Additive C.i. of two ingredients 03415096
Afton Chemical Corporation NEMO 1132T C.i. of two ingredients 03415097
RAHN USA GENOPOL* BP-2 C.i. and C. of one ingredient 03415282
ChampionX Canada ULC PARA10330W C.i. and C. of three ingredients 03415500
Nouryon Surface Chemistry LLC REDICOTE C-519 C.i. of one ingredient 03415501
ChampionX Canada ULC CLAR12764A C.i. and C. of two ingredients 03415953

Note: C.i. = chemical identity and C. = concentration

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

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 34

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 34 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

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

Therefore, the 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. 34.

Ottawa, July 16, 2021

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 34

Interpretation

Definitions

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

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

Interpretation

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

Conflict

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

Definition of face mask

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

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

Face masks — lip reading

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

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

Notification

Federal, provincial and territorial measures

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

Suitable quarantine plan and prepaid accommodation

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

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 or when 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 liable to a fine if this requirement applies to them and they fail to comply with it.

False declarations

(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 declaration

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

Exception

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

Prohibition

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

Foreign Nationals

Prohibition

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

Exception

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

Health Check

Non-application

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

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

Health check

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

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

Notification

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

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

Confirmation

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

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

False declaration — obligation of private operator or air carrier

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

False declaration — obligations of person

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

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

Exception

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

Observations — private operator or air carrier

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

Prohibition

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

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

Period of 14 days

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

COVID-19 Molecular Test — Flights to Canada

Application

11 (1) Sections 12 to 17 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 12 to 17 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test.

Notification

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

Evidence — result of test

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

  • (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the aircraft’s initial scheduled departure time; or
  • (b) a positive result for such a test that was performed on a specimen collected at least 14 days and no more than 90 days before the aircraft’s initial scheduled departure time.

Evidence — location of test

(2) For the purposes of subsection (1), the COVID-19 molecular test must have been performed in a country or territory that is not listed in Schedule 1.

Evidence — elements

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

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

False or misleading evidence

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

Notice to Minister

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

Prohibition

17 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if the person does not provide evidence that they received a result for a COVID-19 molecular test in accordance with the requirements set out in section 13.

Temperature Screening — Aerodromes in Canada

Definition of screening authority

18 (1) For the purposes of this section and sections 19 to 29, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Application

(2) Sections 19 to 29 apply to all of the following persons:

  • (a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 2 from a non-restricted area;
  • (b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 2;
  • (c) the operator of an aerodrome listed in Schedule 2;
  • (d) a screening authority at an aerodrome listed in Schedule 2;
  • (e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 2.

Non-application

(3) Sections 19 to 29 do not apply to any of the following persons:

  • (a) a child who is less than two years of age;
  • (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19;
  • (c) a member of emergency response provider personnel who is responding to an emergency;
  • (d) a peace officer who is responding to an emergency.

Requirement

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

Requirement — temperature screening

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

Second screening

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

Exception

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

Notification — consequence of elevated temperature

21 (1) An air carrier must notify every person, other than a crew member, who intends to board an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 20(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation — consequence of elevated temperature

(2) Before passing beyond a passenger screening checkpoint to board an aircraft for a flight, every person other than a crew member must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 20(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

22 (1) If the temperature screening conducted under subsection 20(2) indicates that the person has an elevated temperature, the screening authority must

  • (a) deny the person entry to the restricted area; and
  • (b) notify the person that they are not permitted to board an aircraft for a flight originating in Canada or enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — refusal

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

Period of 14 days

23 A person who is denied entry to the restricted area under section 22 is not permitted to enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Denial — person intending to board aircraft

24 (1) If, under section 22, a screening authority denies entry to a restricted area to a person who intends to board an aircraft for a flight, other than a crew member, the screening authority must, for the purpose of paragraph 24(4)(a), notify the air carrier operating the flight that that person has been denied entry to the restricted area and provide the person’s name and flight number to the air carrier.

Denial — person not intending to board aircraft

(2) If, under section 22, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight, the screening authority must, for the purpose of subsection 24(5), provide the following information to the operator of the aerodrome:

  • (a) the person’s name as it appears on their document of entitlement;
  • (b) the number or identifier of the person’s document of entitlement; and
  • (c) the reason why the person was denied entry to the restricted area.

Denial — crew member

(3) If, under section 22, a screening authority denies entry to a restricted area to a crew member, the screening authority must provide the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

Denial — air carrier requirements

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

  • (a) ensure that the person is directed to a location where they can retrieve their checked baggage, if applicable; and
  • (b) if the person is escorted to a location where they can retrieve their checked baggage, ensure that the escort wears a face mask and maintains a distance of at least two metres between themselves and the person.

Denial — aerodrome operator requirement

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

Prohibition — restricted area

(6) If, under section 22, a screening authority denies entry to a restricted area to a crew member or to a person who does not intend to board an aircraft for a flight, the crew member or that person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

25 A screening authority must ensure that the equipment that it uses to conduct temperature screenings under section 20 is calibrated and maintained so that the equipment is in proper operating condition.

Requirement — training

26 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 20 has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

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

  • (a) the number of persons who are denied entry under paragraph 22(1)(a) at a passenger screening checkpoint;
  • (b) the number of persons who are denied entry under paragraph 22(1)(a) at a non-passenger screening checkpoint;
  • (c) the flight number of any person who is denied entry under paragraph 22(1)(a) at a passenger screening checkpoint and the date on which the person was denied entry;
  • (d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 20;
  • (e) the date and time when that equipment was calibrated and maintained, as well as the name of the person who performed the calibration or maintenance; and
  • (f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) The screening authority must keep a record of the name of every person who has received training under section 26, as well as the contents of the training.

Retention

(3) The screening authority must

  • (a) retain the records referred to in subsection (1) for a period of at least 90 days after the day on which the record was created; and
  • (b) retain the records referred to in subsection (2) in accordance with any record retention requirements under the Privacy Act.

Ministerial request

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

Temperature screening facilities

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

Requirement — air carrier representative

29 An air carrier must ensure that the screening authority at the aerodrome has been provided with the name and telephone number of the on-duty representative of the air carrier for the purpose of facilitating the return of checked baggage to persons who are denied entry to a restricted area under section 22.

Face Masks

Non-application

30 (1) Sections 31 to 36 do not apply to any of the following persons:

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

Face mask readily available

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

Wearing of face mask

(3) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 33 and complies with any instructions given by a gate agent under section 34 if the child

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

Notification

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

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

Obligation to possess face mask

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

Wearing of face mask — persons

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

Exceptions — person

(2) Subsection (1) does not apply

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

Exceptions — flight deck

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

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

Compliance

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

Prohibition — private operator or air carrier

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

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

Refusal to comply

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

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

Retention period

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

Ministerial request

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

Wearing of face mask — crew member

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

Exceptions — crew member

(2) Subsection (1) does not apply

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

Exception — flight deck

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

Wearing of face mask — gate agent

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

Exceptions

(2) Subsection (1) does not apply

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

Exception — physical barrier

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

Deplaning

Non-application

39 (1) Section 40 does not apply to any of the following persons:

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

Wearing of face mask

(2) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 40 if the child

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

Wearing of face mask — person

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

Screening Authority

Definition of screening authority

41 (1) For the purposes of sections 42 and 45, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Non-application

(2) Sections 42 to 45 do not apply to any of the following persons:

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

Wearing of face mask

(3) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under subsection 42(2) and removes it when required by a screening officer to do so under subsection 42(3) if the child

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

Requirement — passenger screening checkpoint

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

Wearing of face mask — person

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

Requirement to remove face mask

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

Wearing of face mask — screening officer

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

Requirement — non-passenger screening checkpoint

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

Wearing of face mask — screening officer

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

Exceptions

(3) Subsection (2) does not apply

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

Exception — physical barrier

44 Sections 42 and 43 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

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

Prohibition — non-passenger screening checkpoint

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

Designated Provisions

Designation

46 (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

47 The Interim Order Respecting Certain Re-quirements for Civil Aviation Due to COVID-19, No. 33, made on July 5, 2021, is repealed.

SCHEDULE 1

(Subsection 13(2))

Countries and Territories
Name
India

SCHEDULE 2

(Subsection 18(2))

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

SCHEDULE 3

(Subsections 46(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Subsection 2(1)

5,000

25,000

Subsection 2(2)

5,000

25,000

Subsection 2(3)

5,000

25,000

Subsection 2(4)

5,000

25,000

Subsection 3(1)

5,000

 

Subsection 3(2)

5,000

 

Section 4

5,000

25,000

Section 5

5,000

25,000

Subsection 8(1)

5,000

25,000

Subsection 8(2)

5,000

25,000

Subsection 8(3)

5,000

 

Subsection 8(4)

5,000

25,000

Subsection 8(5)

5,000

 

Subsection 8(7)

5,000

25,000

Section 9

5,000

25,000

Section 10

5,000

 

Section 12

5,000

25,000

Subsection 13(1)

5,000

 

Section 15

5,000

 

Section 16

5,000

25,000

Section 17

5,000

25,000

Section 19

5,000

 

Subsection 20(1)

 

25,000

Subsection 20(2)

 

25,000

Subsection 21(1)

 

25,000

Subsection 21(2)

5,000

 

Subsection 22(1)

 

25,000

Subsection 22(2)

 

25,000

Section 23

5,000

 

Subsection 24(1)

 

25,000

Subsection 24(2)

 

25,000

Subsection 24(3)

 

25,000

Subsection 24(4)

 

25,000

Subsection 24(5)

 

25,000

Subsection 24(6)

5,000

 

Section 25

 

25,000

Section 26

 

25,000

Subsection 27(1)

 

25,000

Subsection 27(2)

 

25,000

Subsection 27(3)

 

25,000

Subsection 27(4)

 

25,000

Section 28

 

25,000

Section 29

 

25,000

Subsection 30(2)

5,000

 

Subsection 30(3)

5,000

 

Section 31

5,000

25,000

Section 32

5,000

 

Subsection 33(1)

5,000

25,000

Section 34

5,000

 

Section 35

5,000

25,000

Subsection 36(1)

5,000

25,000

Subsection 36(2)

5,000

25,000

Subsection 36(3)

5,000

25,000

Subsection 37(1)

5,000

25,000

Subsection 38(1)

5,000

25,000

Subsection 39(2)

5,000

 

Section 40

5,000

 

Subsection 41(3)

5,000

 

Subsection 42(1)

 

25,000

Subsection 42(2)

5,000

 

Subsection 42(3)

5,000

 

Subsection 42(4)

5,000

 

Subsection 43(1)

5,000

 

Subsection 43(2)

5,000

 

Subsection 45(1)

 

25,000

Subsection 45(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
Member Canada Council for the Arts  
Vice-Chairperson Canada Council for the Arts  
President and Chief Executive Officer Canada Development Investment Corporation  
Director Canada Foundation for Sustainable Development Technology  
Director Canada Infrastructure Bank  
Director Canada Mortgage and Housing Corporation  
Chairperson Canada-Nova Scotia Offshore Petroleum Board  
Chief Executive Officer Canadian Centre on Substance Abuse  
Member Canadian Cultural Property Export Review Board  
Chairperson Canadian Dairy Commission  
Chief Executive Officer Canadian Dairy Commission  
Accessibility Commissioner Canadian Human Rights Commission  
Federal Housing Advocate Canadian Human Rights Commission  
Chairperson Canadian Human Rights Tribunal  
Director Canadian Museum of History  
Member Canadian Museum of Nature  
Director Canadian Race Relations Foundation  
Chairperson Destination Canada  
Director Destination Canada  
Director (Federal) Hamilton-Oshawa Port Authority  
Governor International Development Research Centre  
Chairperson Laurentian Pilotage Authority Canada  
Chairperson Military Police Complaints Commission of Canada  
Trustee National Gallery of Canada  
Member National Research Council Canada  
Chief Accessibility Officer Office of the Chief Accessibility Officer  
Privacy Commissioner Office of the Privacy Commissioner of Canada  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Director Public Sector Pension Investment Board of Canada  
Director (Federal) Québec Port Authority  
Chairperson Standards Council of Canada  
Registrar Supreme Court of Canada  
Director (Federal) Toronto Port Authority  
Chairperson and Member Transportation Appeal Tribunal of Canada  
Vice-Chairperson Transportation Appeal Tribunal of Canada  
Director (Federal) Trois-Rivières Port Authority  
Chairperson Windsor-Detroit Bridge Authority  
Director Windsor-Detroit Bridge Authority