Canada Gazette, Part I, Volume 156, Number 13: GOVERNMENT NOTICES
March 26, 2022
2022-03-26

Canada Gazette, Part I, Volume 156, Number 13: GOVERNMENT NOTICES

March 26, 2022

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

COLLEGE OF IMMIGRATION AND CITIZENSHIP CONSULTANTS ACT

Ministerial Order: Public Interest Directors on the Board of Directors of the new College of Immigration and Citizenship Consultants

The Minister of Immigration, Refugees and Citizenship, pursuant to subsections 17(3) and 85(3) of the College of Immigration and Citizenship Consultants Act, hereby appoints Normand Beaudry, Timothy D’Souza, Jennifer Henry, Ben Rempel and Nicholas P. Summers to be directors of the Board of Directors of the College of Immigration and Citizenship Consultants to hold office during good behaviour for a term of up to two years, beginning March 7, 2022, and anticipated to end March 6, 2024.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Ministerial Order (Order) is to approve the ministerial appointment of five Public Interest Directors to the Board of Directors (Board) of the College of Immigration and Citizenship Consultants (the College). The Order came into effect on March 7, 2022.

Objective

The objective of this Order is for the Minister to appoint five Public Interest Directors to the Board of the College. Since March 7, 2022, the five Public Interest Directors appointed by the Minister have sat on the Board of the College as per the College of Immigration and Citizenship Consultants Act (College Act).

This Order is in keeping with the Government of Canada’s commitment to better protect newcomers and applicants from unscrupulous and fraudulent consultants, including through a new governance regime for immigration and citizenship consultants.

Background

In 2019, the Government of Canada announced its intention to strengthen the regime governing immigration and citizenship consultants, including making the College the official regulator of immigration and citizenship consultants across the country. The College is an arm’s-length institution mandated to regulate the profession in the public interest by protecting both the public and consultants in good standing from dishonest actors who take advantage of vulnerable people.

The College Act enables the Minister to appoint a majority of directors to the College’s Board [see subsection 17(3) of the College Act and subsections 85(3) and 84(4) of the transitional provisions of the College Act]. The Board is expected to manage and supervise the management of the College’s activities and affairs.

The selection process to appoint five Public Interest Directors was conducted in an open, transparent and merit-based manner, including a public notice of opportunity and a robust assessment of all candidates.

On November 23, 2021, the Immigration Consultants of Canada Regulatory Council (ICCRC) was discontinued as per the College Act and the Canada Not-for-profit Corporations Act.

Implications

This Order sets the date of March 7, 2022, for the ministerial appointment of five Public Interest Directors to the Board of the College.

The College’s initial Board is composed of five Public Interest Directors appointed by the Minister of Immigration, Refugees and Citizenship Canada (IRCC) and four directors who are members of the new College.

Ministerial appointees represent the public interest. Public Interest Directors do not become a part of the public service of Canada as a result of this ministerial appointment.

Consultation

The College Act was tabled as part of the Budget Implementation Act, 2019, No. 1 on March 19, 2019. The College Act was considered by the House of Commons Standing Committee on Citizenship and Immigration in May 2019 and then by the Standing Senate Committee on Social Affairs, Science and Technology, with stakeholders representing interests and giving testimony on the legislation and its anticipated impact. Public and stakeholder feedback was generally positive, with most supporting the need for an effective regulator that can adequately discipline consultants for misconduct or incompetence.

As outlined in the College Act, the appointment of Public Interest Directors is at the Minister’s discretion. The notice of opportunity was publicly available on the IRCC website, and shared with a range of stakeholders. All interested and qualified parties were invited to apply for the Public Interest Director positions on the College’s Board.

Contact

Alexis Graham
Director
Social and Discretionary Policy and Programs
Immigration Branch
Immigration, Refugees and Citizenship Canada
365 Laurier Avenue West
Ottawa, Ontario
K1A 1L1
Email: Alexis.Graham@cic.gc.ca

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

FINANCIAL ADMINISTRATION ACT

Notice of biennial increase of permanent residence fees pursuant to the Immigration and Refugee Protection Regulations

Notice is hereby given that, in keeping with subsection 303(1.1) and paragraph 294(d) of the Immigration and Refugee Protection Regulations, the permanent residence fees will increase at 9:00:00 a.m. Eastern daylight time on April 30, 2022, by the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years, rounded to the nearest five dollars.

The current fees and the fees updated as of April 30, 2022, are listed below.

Any inquiries or comments about the updated fees can be directed to Marcel Poirier, Director, Fees and Activity Based Costing, Financial Strategy Branch, 613‑799‑3879 (telephone) or IRCC.FSBFees-FraisDGSF.IRCC@cic.gc.ca (email).

Table 1: Comparison of current and new permanent resident fees
Program Applicants Current fees (April 2020–March 2022) New fees (April 2022–March 2024table 1 note 1
Right of Permanent Residence Fee Principal applicant and accompanying spouse or common-law partner $500 $515
Federal High-Skilled Workers, Provincial Nominee Program, Quebec Skilled Workers, Atlantic Immigration Class and most economic pilots (rural, agri-food) Principal applicant $825 $850
Accompanying spouse or common-law partner $825 $850
Accompanying dependent childtable 1 note 2 $225 $230
Live-in Caregiver Program and caregivers pilots (Home Child Care Provider Pilot and Home Support Worker Pilot) Principal applicant $550 $570
Accompanying spouse or common-law partner $550 $570
Accompanying dependent childtable 1 note 2 $150 $155
Business (federal and Quebec) Principal applicant $1,575 $1,625
Accompanying spouse or common-law partner $825 $850
Accompanying dependent childtable 1 note 2 $225 $230
Family reunification (spouses, partners and children; parents and grandparents; and other relatives) Sponsorship fee $75 $75
Sponsored principal applicant $475 $490
Sponsored child (principal applicant under 22 years old and not a spouse or partner)table 1 note 2 $75 $75
Accompanying spouse or common-law partner $550 $570
Accompanying dependent childtable 1 note 2 $150 $155
Protected persons Principal applicanttable 1 note 2 $550 $570
Accompanying spouse or common-law partnertable 1 note 2 $550 $570
Accompanying dependent childtable 1 note 2 $150 $155
Humanitarian and compassionate considerations and public policy Principal applicanttable 1 note 2 $550 $570
Accompanying spouse or common-law partner $550 $570
Accompanying dependent childtable 1 note 2 $150 $155
Permit holders Principal applicanttable 1 note 3 $325 $335

Table a1 note(s)

Table a1 note 1

The new rate is calculated in accordance with the cumulative percentage increase to the Consumer Price Index for Canada, published by Statistics Canada, for the two previous years (2020 and 2021), rounded to the nearest five dollar.

Return to table a1 note 1 referrer

Table a1 note 2

These applicants are exempt from paying the Right of Permanent Residence Fee (normally paid by all permanent resident applicants except dependent children and protected persons). Principal applicants in the humanitarian and compassionate considerations and in the public policy categories are only exempt under certain circumstances from paying the Right of Permanent Residence Fee.

Return to table a1 note 2 referrer

Table a1 note 3

Members of the permit holder class may not include accompanying family members in their applications for permanent residence. Such individuals must submit their own applications as a principal applicant.

Return to table a1 note 3 referrer

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed Residential Indoor Air Quality Guidelines for Xylenes

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the proposed Residential Indoor Air Quality Guidelines for Xylenes. The proposed Residential Indoor Air Quality Guidelines (RIAQG) are available from March 26, 2022, to May 25, 2022, on the Health Canada consultation webpage. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed RIAQG. Comments must be sent by email to air@hc-sc.gc.ca.

March 25, 2022

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

ANNEX

Xylene (dimethylbenzene) is an aromatic hydrocarbon with three isomers (p-xylene, m-xylene, and o-xylene) differing in the positions of the two methyl groups around the benzene ring. Xylenes occur naturally in petroleum and coal tar, and to a small extent in forest fires. Human activity is responsible for most ambient xylenes, through industrial sources such as petroleum refineries and chemical plants, and combustion of fuels in motor vehicles, including on-road mobile sources such as cars and trucks, as well as off-road mobile sources such as lawn mowers, snowmobiles and heavy construction vehicles.

In Canadian homes, indoor concentrations of xylenes can be at least threefold greater than outdoor concentrations, indicating a predominance of indoor sources. An important source of indoor xylenes is evaporative emissions from items stored in a garage, including cars, gas-powered equipment, and gasoline containers. Some building and renovation products such as caulking, coatings and stains, as well as smoking can also contribute to indoor concentrations of xylenes. Xylenes have been identified internationally in some consumer products, such as in air fresheners; however, there is no information on the possible contribution of these products to indoor concentrations of xylenes in Canada.

The proposed short-term (one-hour) exposure limit for xylenes is 7 000 µg/m3 and the proposed long-term exposure limit is 150 µg/m3 (based on a 24-hour average). The proposed exposure limits apply to all three xylene isomers (p-xylene, m-xylene, and o-xylene) in any combination.

In Health Canada studies conducted in multiple cities during the winter and summer from 2005 to 2014, the median indoor levels of xylenes measured ranged from 2.0 to 11.1 µg/m3. The 95th percentiles ranged from 15.6 to 212.7 µg/m3. Levels of xylenes in Canadian homes are likely below the short-term exposure limit. However, some homes may have levels of xylenes that are above the long-term exposure limit, and may pose a health risk. It is therefore recommended to reduce exposure to xylenes by ensuring adequate ventilation and controlling indoor sources.

Health effects

In humans, exposure to xylenes causes eye, nose and throat irritation, as well as nervous system symptoms including headaches, dizziness, and nausea. It also impaired performance in tests of memory or reaction times, colour vision, and the central auditory nervous system. In laboratory animals, the most sensitive effect of inhaled xylenes is neurological impairment (deficits in tests of motor coordination, pain sensitivity, spontaneous movement, and learning). At higher concentrations, other effects observed included hearing deficits, body weight decreases, adaptive liver changes, respiratory irritation, lung inflammation, and decreased litter size. There is insufficient data to determine whether xylenes might be carcinogenic, but they are generally not considered mutagenic or genotoxic.

There is insufficient data to identify populations that could be more susceptible to the effects of inhalation of xylenes. There are multiple factors that can contribute to the differences in sensitivity between individuals, including age, body weight, sex, diet and alcohol consumption, exercise, and disease states. In general, children can receive a greater internal dose of many inhaled toxicants than adults at the same exposure concentration; however, no xylene-specific information is available on the internal dose for different age groups.

Risk management recommendations

Strategies to reduce indoor exposure to xylenes include the following: improving ventilation and controlling indoor sources; and increasing natural ventilation by opening windows (taking into consideration ambient air quality) or by employing mechanical ventilation strategies (heating, ventilation and air conditioning system; installation of an exhaust fan in an attached garage). To prevent emissions of xylenes within the home, it is best to avoid storing gasoline and other chemicals in the home or garage, and to seal containers well if stored. The interface between an attached garage and the home should be properly sealed, and cars, snowblowers, lawn mowers, or any gas-powered equipment should not be left idling in the attached garage. In addition, it is best to avoid smoking indoors, to choose low-emission products when possible and to limit the use of scented products and air fresheners.

About the guidelines

Residential Indoor Air Quality Guidelines (RIAQG) summarize the known health effects, pollutant sources, and exposure levels in Canadian homes and characterize the risks to health, based on the best scientific data available. Proposed exposure limits (also referred to as guideline values) for short- and/or long-term exposure to the pollutant are developed, representing indoor air concentrations below which health effects are unlikely to occur. The proposed exposure limits take into account the reference concentrations (RfC) for the pollutant and the feasibility of achieving such levels through control of indoor sources. The RIAQG also include recommendations for controlling sources or other actions to reduce exposure to the pollutant, such as an assessment by public health officials of health risks; performance standards that may be applied to pollutant-emitting materials, products, and devices; and communication products informing Canadians of actions they can take to protect their health.

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and orders on claims for exemption

A supplier can file a claim for exemption with Health Canada under the Hazardous Materials Information Review Act (HMIRA) from having to disclose information, under the Hazardous Products Act (HPA) and the 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 decisions and orders on the validity of each claim for exemption, as well as the compliance of the relevant SDS and label (where applicable) with the HPA and the HPR. The details related to decisions that were found to be valid and the corrective measures that have been implemented voluntarily will not be published. Should a claimant, the general public, or anyone involved in the use or supply of hazardous products in the workplace wish to review or have concerns about a specific product, the corrective measures for the claim will be made available (in the official language of preference) upon request by contacting the Workplace Hazardous Materials Bureau by email at whmis.claim-demande.simdut@hc-sc.gc.ca.

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

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

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

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

Table 1: Change in claimant name
Registry Number Notice of Filing publication date Original claimant name New claimant name
10236 2016-11-05 Nalco Canada ULC ChampionX Canada ULC
11127 2017-03-25 Canadian Energy Services CES Energy Solutions

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

Table 2: Change in subject of the claim
Note: C.i. = chemical identity and C. = concentration
Registry Number Notice of Filing publication date Original subject of the claim Revised subject of the claim
10236 2016-11-05 C.i. and C. of three ingredients C. of two ingredients C.i. and C. of three ingredients

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

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

Table 3: Claims for exemption that are found to be valid and for which all corrective measures were implemented voluntarily
Registry Number Claimant Product identifier Date of decision Date of compliance
10236 ChampionX Canada ULC EMBR17944A 2021-11-10 2021-12-22
10955 Chemtrade Logistics Inc. HA-10 2021-12-22 2022-01-26
10959 Chemtrade Logistics Inc. PASS CX5 2021-11-04 2021-12-22
11107 Momentive Performance Materials Niax* catalyst LC-5636 2021-11-10 2021-12-22
11127 CES Energy Solutions ELESG-1 2021-11-10 2021-12-22
11220 Baker Hughes Canada Company BPR 81476 CORROSION INHIBITOR 2021-12-22 2022-02-16
12065 SUEZ Water Technologies & Solutions Canada DUSTREAT DC9138E 2021-12-22 2022-01-12

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 the 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
Note: C.i. = chemical identity and C. = concentration
Claimant Product identifier Subject of the claim for exemption Registry Number
3M Canada Company 3M™ Neoprene Contact Adhesive 10, Light Yellow C. of one ingredient 03449149
3M Canada Company 3M™ Neoprene High Performance Rubber and Gasket Adhesive 1300L C. of one ingredient 03449150
3M Canada Company 3M™ Adhesive Remover (Cylinder) C. of one ingredient 03449151
3M Canada Company 3M™ Hi-Tack Composite Spray Adhesive 71, Clear, Large Cylinder C.i. and C. of one ingredient 03449152
3M Canada Company 3M™ Hi-Tack Composite Spray Adhesive 71, Green, Large Cylinder C.i. and C. of one ingredient 03449153
Barentz Canada ULC Camsurf Frac Clean C.i. and C. of one ingredient, C. of one ingredient 03449155
Allnex Canada Inc., c/o Goodmans, LLP EBECRYL® 436 radiation curing resins C.i. of one ingredient 03449163
Baker Hughes Canada Company RE34490PAO PARAFFIN INHIBITOR C.i. of three ingredients 03449179
Baker Hughes Canada Company RE34491PAO PARAFFIN INHIBITOR C. of two ingredients 03449970
Canadian Energy Services LP PCCS-104 C.i. and C. of one ingredient 03450663
Quadra Chemicals Ltd. Entropy23™ C.i. and C. of three ingredients 03450664
PurposeBuilt Brands Green Gobbler Dissolve C.i. and C. of two ingredients 03451061
Shell Catalysts & Technologies CENTERA® Catalyst DN-3621 C.i. of one ingredient 03451342

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

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

  • Canada Development Investment Corporation
    • President and Chief Executive Officer
      • Wademan, Elizabeth A., Order in Council 2022-120
  • Canada Revenue Agency
    • Directors of the Board of Management
      • Carra, Barbara, Order in Council 2022-59
      • Parikh, Madhuri, Order in Council 2022-60
  • Canadian Cultural Property Export Review Board
    • Member
      • Kane, Jo-Ann, Order in Council 2022-70
  • Federal Public Sector Labour Relations and Employment Board
    • Part-time Member
      • Giguère, Guy, Order in Council 2022-236
  • Nunavut Court of Justice
    • Deputy judges
      • Labrenz, The Hon. David, Order in Council 2022-83
      • O’Bonsawin, The Hon. Michelle, Order in Council 2022-85
  • Public Servants Disclosure Protection Tribunal
    • Member
      • McDonald, The Hon. Ann Marie, Order in Council 2022-156
  • Social Security Tribunal for the Income Security Section
    • Full-time Member
      • Meide, Wayne van der, Order in Council 2022-170
    • Part-time members
      • Hollingsworth, Brenda Lynn, Order in Council 2022-65
      • Stanley-Bhanji, Salima, Order in Council 2022-171
  • Superior Court of Justice of Ontario
    • Judge
  • Court of Appeal for Ontario
    • Judge ex officio
      • Carrington, Emile, Order in Council 2022-91
  • Supreme Court of British Columbia
    • Judges
      • Elwood, Bruce, Order in Council 2022-92
      • Gibb-Carsley, John, Order in Council 2022-96
      • Girn, Baljinder, Order in Council 2022-95
      • Hardwick, Briana, Order in Council 2022-98
      • Hughes, Jacqueline D., Q.C., Order in Council 2022-97
      • Stephens, K. Michael, Order in Council 2022-93
      • Thomas, Michael G., Order in Council 2022-94
  • Supreme Court of the Northwest Territories
    • Deputy Judge
      • Doyle, The Hon. Adriana, Order in Council 2022-82
  • Supreme Court of Yukon
    • Deputy judges
      • Labrenz, The Hon. David, Order in Council 2022-84
      • O’Bonsawin, The Hon. Michelle, Order in Council 2022-86
  • Transportation Appeal Tribunal of Canada
    • Part-time members
      • Kim, David, Order in Council 2022-116
      • Lalonde-Kontio, Ginette Anne, Order in Council 2022-117

March 16, 2022

Rachida Lagmiri
Official Documents Registrar

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 57

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 57 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 Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 57.

Ottawa, March 11, 2022

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 57

Interpretation

Definitions

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

accredited person
means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
aerodrome property
means, in respect of an aerodrome listed in Schedule 1, any air terminal buildings or restricted areas or any facilities used for activities related to aircraft operations or aerodrome operations that are located at the aerodrome. (terrains de l’aérodrome)
aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
Canadian Forces
means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
Chief Public Health Officer
means the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act. (administrateur en chef)
COVID-19
means the coronavirus disease 2019. (COVID-19)
COVID-19 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  • (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  • (c) if the test is self-administered, is observed and whose result is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
  • (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
  • (a) if the test is self-administered, is observed and whose result is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
  • (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)
document of entitlement
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
foreign national
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
non-passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
operator of an aerodrome
means the person in charge of an aerodrome where activities related to civil aviation are conducted and includes an employee, agent or mandatary or other authorized representative of that person. (exploitant)
passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
peace officer
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
Regulations
means the Canadian Aviation Regulations. (Règlement)
restricted area
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
screening authority
means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. (administration de contrôle)
screening officer,
except in section 2, has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
testing provider
means
  • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
variant of concern
means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)

Interpretation

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

Conflict

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

Definition of mask

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

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

Masks — lip reading

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

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

Definition of fully vaccinated person

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

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

Interpretation — fully vaccinated person

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

Notification

Federal, provincial and territorial measures

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

Suitable quarantine plan

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

Vaccination

(3) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft or before entering Canada, to the Minister of Health, a screening officer or a quarantine officer, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The private operator or air carrier must also notify every person that they may be denied permission to board the aircraft and may be liable to a fine if this requirement applies to them and they fail to comply with it.

False confirmation

(4) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1) that they know to be false or misleading.

Definitions

(5) The following definitions apply in this section.

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

Confirmation

Federal, provincial and territorial measures

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

False confirmation

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

Exception

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

Prohibition

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

Foreign Nationals

Prohibition

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

Exception

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

Confirmation of Health Status

Non-application

7 Sections 8 and 9 do not apply to the following persons:

  • (a) a crew member;
  • (b) a person boarding an aircraft only to become a crew member on board another aircraft operated by a private operator or an air carrier;
  • (c) a person boarding an aircraft after having been a crew member on board an aircraft operated by a private operator or an air carrier; or
  • (d) a person boarding an aircraft to participate in mandatory training required by a private operator or an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member.

Notification

8 (1) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may be denied permission to board the aircraft if

  • (a) the person exhibits a fever and a cough or a fever and breathing difficulties;
  • (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
  • (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

Confirmation

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

  • (a) the person exhibits a fever and a cough or a fever and breathing difficulties;
  • (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
  • (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

False confirmation — notice to person

(3) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers or a confirmation that they know to be false or misleading.

False confirmation — obligations of person

(4) A person who is required to provide a confirmation under subsection (2) must

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

Exception

(5) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who is required to give a confirmation under subsection (2).

Observations — private operator or air carrier

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

Prohibition

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

  • (a) the private operator or air carrier observes that, as the person is boarding, they exhibit
    • (i) a fever and cough, or
    • (ii) a fever and breathing difficulties;
  • (b) the person’s confirmation under subsection 8(2) indicates that one of the situations described in paragraph 8(2)(a) or (b)applies to that person;
  • (c) the person is a competent adult and refuses to give the confirmation under subsection 8(2); or
  • (d) the person’s confirmation under subsection 8(2) indicates that the situation described in paragraph 8(2)(c) applies to that person.

Exception

(2) Paragraphs (1)(a) and (b) do not apply to a person who can provide a medical certificate certifying that any symptoms referred to in paragraph 8(2)(a) that they are exhibiting are not related to COVID-19 or who has a result for one of the COVID-19 tests described in subsection 13(1).

[10 reserved]

COVID-19 Tests — Flights to Canada

Application

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

Non-application

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

Notification

12 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person may be denied permission to board the aircraft if they are unable to provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test.

Evidence — result of test

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

  • (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time;
  • (b) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time; or
  • (c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time.

Location of test — outside Canada

(1.1) The COVID-19 tests referred to in paragraphs (1)(a) and (b) must be performed outside Canada.

Evidence — location of test

(2) For the purposes of paragraphs (1)(a) and (b) and subsection (1.1), the COVID-19 molecular test or COVID-19 antigen test must not have been performed in a country where, as determined by the Minister of Health, there is an outbreak of a variant of concern or there are reasonable grounds to believe that there is an outbreak of such a variant.

Evidence — alternative testing protocol

13.1 Despite subsections 13(1) and (1.1), a person referred to in section 2.22 of the Order entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) must, before boarding an aircraft for a flight, provide to the private operator or air carrier operating the flight evidence of a COVID-19 molecular test or a COVID-19 antigen test that was carried out in accordance with an alternative testing protocol referred to in that section.

Evidence — molecular test

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

  • (a) the name and date of birth of the person from whom the specimen was collected for the test;
  • (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
  • (c) the date the specimen was collected and the test method used; and
  • (d) the test result.

Evidence — antigen test

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

  • (a) the name and date of birth of the person from whom the specimen was collected for the test;
  • (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
  • (c) the date the specimen was collected and the test method used; and
  • (d) the test result.

False or misleading evidence

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

Notice to Minister

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

Prohibition

17 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if the person does not provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test in accordance with the requirements set out in section 13 or 13.1.

Vaccination — Flights Departing from an Aerodrome in Canada

Application

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

  • (a) a person boarding an aircraft for a flight that an air carrier operates departing from an aerodrome listed in Schedule 1;
  • (b) a person entering a restricted area at an aerodrome listed in Schedule 1 from a non-restricted area to board an aircraft for a flight that an air carrier operates;
  • (c) an air carrier operating a flight departing from an aerodrome listed in Schedule 1.

Non-application

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

  • (a) a child who is less than 12 years and four months of age;
  • (b) a crew member;
  • (c) a person entering a restricted area at an aerodrome listed in Schedule 1 from a non-restricted area to board an aircraft for a flight operated by an air carrier
    • (i) only to become a crew member on board another aircraft operated by an air carrier,
    • (ii) after having been a crew member on board an aircraft operated by an air carrier, or
    • (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member;
  • (d) a person who arrives at an aerodrome from any other country on board an aircraft in order to transit to another country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the aerodrome until they leave Canada;
  • (e) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who boards an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight.

Notification

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

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

Prohibition — person

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

Exception

(2) Subsection (1) does not apply to

  • (a) a foreign national, other than a person registered as an Indian under the Indian Act, who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country;
  • (b) a permanent resident who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country for the purpose of entering Canada to become a permanent resident;
  • (c) a foreign national who is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada and who has received either
    • (i) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time,
    • (ii) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time, or
    • (iii) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time;
  • (d) a person who has received a result for a COVID-19 molecular test or a COVID-19 antigen test described in subparagraph (c)(i), (ii) or (iii) and who is
    • (i) a person who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
    • (ii) a person who has not completed a COVID-19 vaccine dosage regimen due to a sincerely held religious belief and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
    • (iii) a person who is boarding an aircraft for a flight for the purpose of attending an appointment for an essential medical service or treatment, or
    • (iv) a competent person who is at least 18 years old and who is boarding an aircraft for a flight for the purpose of accompanying a person referred to in subparagraph (iii) if the person needs to be accompanied because they
      • (A) are under the age of 18 years,
      • (B) have a disability, or
      • (C) need assistance to communicate; or
  • (e) a person who has received a result for a COVID-19 molecular test or a COVID-19 antigen test described in subparagraph (c)(i), (ii) or (iii) and who is boarding an aircraft for a flight for a purpose other than an optional or discretionary purpose, such as tourism, recreation or leisure, and who is
    • (i) a person who entered Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response,
    • (ii) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who entered Canada for the purpose of providing those services,
    • (iii) a person who entered Canada not more than 90 days before the day on which this Interim Order came into effect and who, at the time they sought to enter Canada,
      • (A) held a permanent resident visa issued under subsection 139(1) of the Immigration and Refugee Protection Regulations, and
      • (B) was recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations,
    • (iv) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who entered Canada not more than 90 days before the day on which this Interim Order came into effect as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations,
    • (v) an accredited person,
    • (vi) a person holding a D-1, O-1 or C-1 visa who entered Canada to take up a post and become an accredited person, or
    • (vii) a diplomatic or consular courier.

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

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

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

Request — contents

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

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

Timing of request

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

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

Special circumstances

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

Content of document

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

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

Record keeping

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

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

Retention

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

Ministerial request

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

Copies of requests

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

Ministerial request

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

Request for evidence — air carrier

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

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

[17.8 reserved]

Provision of evidence

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

Evidence of vaccination — elements

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

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

Evidence of vaccination — translation

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

Result of COVID-19 test

17.11 (1) A result for a COVID-19 molecular test or a COVID-19 antigen test is a result described in subparagraph 17.3(2)(c)(i), (ii) or (iii).

Evidence — molecular test

(2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(1)(a) to (d).

Evidence — antigen test

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

Person — paragraph 17.3(2)(a)

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

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

Person — paragraph 17.3(2)(b)

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

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

Person — paragraph 17.3(2)(c)

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

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

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

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

Person — subparagraph 17.3(2)(e)(i)

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

Person — subparagraph 17.3(2)(e)(ii)

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

Person — subparagraph 17.3(2)(e)(iii)

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

Person — subparagraph 17.3(2)(e)(iv)

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

Person — subparagraph 17.3(2)(e)(v)

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

Person — subparagraph 17.3(2)(e)(vi)

(10) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vi) must be the person’s D-1, O-1 or C-1 visa.

Person — subparagraph 17.3(2)(e)(vii)

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

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

False or misleading information

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

False or misleading evidence

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

Notice to Minister — information

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

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

Notice to Minister — evidence

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

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

Prohibition — air carrier

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

[17.16 reserved]

Record keeping — air carrier

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

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

Retention

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

Ministerial request

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

[17.18 and 17.19 reserved]

Policy Respecting Mandatory Vaccination

Application

17.20 Sections 17.21 to 17.25 apply to

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

Definition of relevant person

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

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

Activities

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

  • (a) conducting or directly supporting activities that are related to aerodrome operations or commercial flight operations — such as aircraft refuelling services, aircraft maintenance and repair services, baggage handling services, supply services for the operator of an aerodrome, an air carrier or NAV CANADA, fire prevention services, runway and taxiway maintenance services or de-icing services — and that take place on aerodrome property or at a location where NAV CANADA provides civil air navigation services;
  • (b) interacting in-person on aerodrome property with a person who intends to board an aircraft for a flight;
  • (c) engaging in tasks, on aerodrome property or at a location where NAV CANADA provides civil air navigation services, that are intended to reduce the risk of transmission of the virus that causes COVID-19; and
  • (d) accessing a restricted area at an aerodrome listed in Schedule 1.

Comprehensive policy — operators of aerodromes

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

Policy — content

(2) The policy must

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

Medical contraindication

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

Religious belief

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

Canadian Human Rights Act

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

Applicable legislation

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

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

Comprehensive policy — air carriers and NAV CANADA

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

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

Targeted policy — air carriers and NAV CANADA

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

Policy — content

(2) The policy must

  • (a) require that a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 2 or a member identification document issued by the Canadian Forces, be a fully vaccinated person before accessing aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services;
  • (b) despite paragraph (a), allow a relevant person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services, if the relevant person has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief;
  • (c) provide for a procedure for verifying evidence provided by a relevant person referred to in paragraph (b) that demonstrates that the relevant person has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief;
  • (d) provide for a procedure for issuing to a relevant person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a relevant person referred to in paragraph (b);
  • (e) provide for a procedure that ensures that a relevant person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
    • (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
    • (ii) in the case of a relevant person referred to in paragraph (d), the document issued to the relevant person under the procedure referred to in that paragraph;
  • (f) provide for a procedure that ensures that a relevant person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
  • (g) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 test under the procedure referred to in paragraph (f) is prohibited from accessing aerodrome property until the end of the period for which the public health authority of the province or territory in which the aerodrome is located requires them to isolate after receiving a positive test result;
  • (h) provide for a procedure that ensures that a relevant person referred to in paragraph (g) who undergoes a COVID-19 molecular test is exempt from the procedure referred to in paragraph (f) for a period of 180 days after the relevant person received a positive result from that test;
  • (i) set out procedures for reducing the risk that a relevant person will be exposed to the virus that causes COVID-19 due to an in-person interaction, occurring on aerodrome property or at a location where NAV CANADA provides civil air navigation services, with an unvaccinated person who has not been issued a document under the procedure referred to in paragraph (d) and who is a person referred to in any of subparagraphs 17.23(b)(i) to (iv), which procedures may include protocols related to
    • (i) the vaccination of persons, other than relevant persons, who access aerodrome property or a location where NAV CANADA provides civil air navigation services,
    • (ii) physical distancing and the wearing of masks, and
    • (iii) reducing the frequency and duration of in-person interactions;
  • (j) establish a procedure for collecting the following information with respect to an in-person interaction related to commercial flight operations between a relevant person and a person referred to in any of subparagraphs 17.23(b)(i) to (iv) who is unvaccinated and has not been issued a document under the procedure referred to in paragraph (d) or whose vaccination status is unknown:
    • (i) the time, date and location of the interaction, and
    • (ii) contact information for the relevant person and the other person;
  • (k) establish a procedure for recording the following information and submitting it to the Minister on request:
    • (i) the number of relevant persons who are subject to the entity’s policy,
    • (ii) the number of relevant persons who require access to a restricted area,
    • (iii) the number of relevant persons who are fully vaccinated persons and those who are not,
    • (iv) the number of hours during which relevant persons were unable to fulfill their duties related to commercial flight operations due to COVID-19,
    • (v) the number of relevant persons who have been issued a document under the procedure referred to in paragraph (d), the reason for issuing the document and a confirmation that the relevant persons have submitted evidence of COVID-19 tests taken in accordance with the procedure referred to in paragraph (f),
    • (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (f) or (g),
    • (vii) the number of relevant persons who were denied entry to a restricted area because of a refusal to comply with a requirement referred to in paragraph (a), (f) or (g),
    • (viii) the number of persons referred to in subparagraphs 17.23(b)(i) to (iv) who are unvaccinated and who have not been issued a document under the procedure referred to in paragraph (d), or whose vaccination status is unknown, who have an in-person interaction related to commercial flight operations with a relevant person and a description of any procedures implemented to reduce the risk that a relevant person will be exposed to the virus that causes COVID-19 due to such an interaction, and
    • (ix) the number of instances in which the air carrier or NAV CANADA, as applicable, is made aware that a person with respect to whom information was collected under paragraph (j) received a positive result for a COVID-19 test, the number of relevant persons tested for COVID-19 as a result of this information, the results of those tests and a description of any impacts on commercial flight operations; and
  • (l) require the air carrier or NAV CANADA, as applicable, to keep the information referred to in paragraph (k) for a period of at least 12 months after the date that the information was recorded.

Medical contraindication

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

Religious belief

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

Canadian Human Rights Act

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

Applicable legislation

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

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

Ministerial request — policy

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

Ministerial request — implementation

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

[17.26 to 17.29 reserved]

Vaccination — Aerodromes in Canada

Application

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

  • (a) subject to paragraph (c), a person entering a restricted area at an aerodrome listed in Schedule 1 from a non-restricted area for a reason other than to board an aircraft for a flight operated by an air carrier;
  • (b) a crew member entering a restricted area at an aerodrome listed in Schedule 1 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations;
  • (c) a person entering a restricted area at an aerodrome listed in Schedule 1 from a non-restricted area to board an aircraft for a flight
    • (i) only to become a crew member on board another aircraft operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations,
    • (ii) after having been a crew member on board an aircraft operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations, or
    • (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft operated under Subpart 1, 3, 4 or 5 of Part VII of the Regulations, if the person will be required to return to work as a crew member;
  • (d) a screening authority at an aerodrome where persons other than passengers are screened or can be screened;
  • (e) the operator of an aerodrome listed in Schedule 1.

Non-application

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

  • (a) a child who is less than 12 years and four months of age;
  • (b) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who enters a restricted area to board an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight;
  • (c) a member of emergency response provider personnel who is responding to an emergency;
  • (d) a peace officer who is responding to an emergency;
  • (e) the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 2 or a member identification document issued by the Canadian Forces; or
  • (f) a person who is delivering equipment or providing services within a restricted area that are urgently needed and critical to aerodrome operations and who has obtained an authorization from the operator of the aerodrome before doing so.

Prohibition

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

Exception

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

Provision of evidence

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

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

Request for evidence

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

Declaration

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

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

Exception

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

Notification to aerodrome operator

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

Provision of evidence

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

Suspension of restricted area access

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

Record keeping — suspension

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

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

Retention

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

Ministerial request

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

Prohibition

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

Notification to aerodrome operator

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

Suspension of restricted area access

(3) An operator of an aerodrome must ensure that the restricted area access of a person who was denied entry under subsection (1) is suspended until the person provides the requested evidence or the signed declaration.

False or misleading evidence

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

Notice to Minister

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

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

Record keeping — denial of entry

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

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

Retention

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

Ministerial request

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

Requirement to establish and implement

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

Masks

Non-application

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

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

Mask readily available

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

Wearing of mask

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

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

Notification

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

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

Obligation to possess mask

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

Wearing of mask — persons

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

Exceptions — person

(2) Subsection (1) does not apply

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

Exceptions — flight deck

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

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

Compliance

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

Prohibition — private operator or air carrier

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

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

Refusal to comply

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

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

Retention period

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

Ministerial request

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

Wearing of mask — crew member

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

Exceptions — crew member

(2) Subsection (1) does not apply

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

Exception — flight deck

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

Wearing of mask — gate agent

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

Exceptions

(2) Subsection (1) does not apply

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

Exception — physical barrier

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

Deplaning

Non-application

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

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

Wearing of mask

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

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

Wearing of mask — person

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

Screening Authority

Non-application

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

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

Wearing of mask

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

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

Requirement — passenger screening checkpoint

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

Wearing of mask — person

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

Requirement to remove mask

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

Wearing of mask — screening officer

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

Requirement — non-passenger screening checkpoint

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

Wearing of mask — screening officer

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

Exceptions

(3) Subsection (2) does not apply

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

Exception — physical barrier

32 Sections 30 and 31 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Prohibition — passenger screening checkpoint

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

Prohibition — non-passenger screening checkpoint

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

Designated Provisions

Designation

34 (1) The provisions of this Interim Order set out in column 1 of Schedule 3 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

(2) The amounts set out in column 2 of Schedule 3 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

Notice

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

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

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 56, made on February 28, 2022, is repealed.

SCHEDULE 1

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

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

SCHEDULE 2

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

Departments and Departmental Corporations

Name
  • Canada Border Services Agency
  • Canadian Security Intelligence Service
  • Correctional Service of Canada
  • Department of Agriculture and Agri-Food
  • Department of Employment and Social Development
  • Department of Fisheries and Oceans
  • Department of Health
  • Department of National Defence
  • Department of the Environment
  • Department of Public Safety and Emergency Preparedness
  • Department of Transport
  • Public Health Agency of Canada
  • Royal Canadian Mounted Police

SCHEDULE 3

(Subsections 34(1) and (2))

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  
Subsection 8(3) 5,000 25,000
Subsection 8(4) 5,000  
Subsection 8(6) 5,000 25,000
Subsection 9(1) 5,000 25,000
Section 12 5,000 25,000
Subsection 13(1) 5,000  
Section 13.1 5,000  
Section 15 5,000  
Section 16 5,000 25,000
Section 17 5,000 25,000
Section 17.2   25,000
Subsection 17.3(1) 5,000  
Subsection 17.4(1)   25,000
Subsection 17.5(1)   25,000
Subsection 17.5(2)   25,000
Subsection 17.5(3)   25,000
Subsection 17.6(1)   25,000
Subsection 17.6(2)   25,000
Section 17.7   25,000
Section 17.9 5,000  
Subsection 17.13(1) 5,000  
Subsection 17.13(2) 5,000  
Subsection 17.14(1)   25,000
Subsection 17.14(2)   25,000
Section 17.15   25,000
Subsection 17.17(1)   25,000
Subsection 17.17(2)   25,000
Subsection 17.17(3)   25,000
Subsection 17.22(1)   25,000
Subsection 17.24(1)   25,000
Subsection 17.25(1)   25,000
Subsection 17.25(2)   25,000
Subsection 17.31(1) 5,000  
Section 17.32 5,000  
Section 17.33   25,000
Subsection 17.34(3)   25,000
Subsection 17.34(4) 5,000  
Subsection 17.34(5)   25,000
Subsection 17.35(1)   25,000
Subsection 17.35(2)   25,000
Subsection 17.35(3)   25,000
Subsection 17.36(1)   25,000
Subsection 17.36(2)   25,000
Subsection 17.36(3)   25,000
Section 17.37 5,000  
Section 17.38   25,000
Subsection 17.39(1)   25,000
Subsection 17.39(2)   25,000
Subsection 17.39(3)   25,000
Section 17.40   25,000
Subsection 18(2) 5,000  
Subsection 18(3) 5,000  
Section 19 5,000 25,000
Section 20 5,000  
Subsection 21(1) 5,000 25,000
Section 22 5,000  
Section 23 5,000 25,000
Subsection 24(1) 5,000 25,000
Subsection 24(2) 5,000 25,000
Subsection 24(3) 5,000 25,000
Subsection 25(1) 5,000 25,000
Subsection 26(1) 5,000 25,000
Subsection 27(2) 5,000  
Section 28 5,000  
Subsection 29(2) 5,000  
Subsection 30(1)   25,000
Subsection 30(2) 5,000  
Subsection 30(3) 5,000  
Subsection 30(4) 5,000  
Subsection 31(1) 5,000  
Subsection 31(2) 5,000  
Subsection 33(1)   25,000
Subsection 33(2)   25,000

DEPARTMENT OF TRANSPORT

CANADA TRANSPORTATION ACT

Levy on shipments of crude oil by rail

Pursuant to subsection 155.4(4)footnote h of the Canada Transportation Act (the Act), the amount of the levy in respect of payments into the Fund for Railway Accidents Involving Designated Goods required by subsection 155.7(1)footnote h of the Act is $1.86 per tonne during the year commencing April 1, 2022.

March 13, 2022

Omar Alghabra, P.C., M.P.
Minister of Transport

ENVIRONMENT AND CLIMATE CHANGE CANADA

SPECIES AT RISK ACT

Description of Dense-flowered Lupine and of Victoria’s Owl-clover critical habitat in the Victoria Harbour Bird Sanctuary

The Dense-flowered Lupine (Lupinus densiflorus) is an annual, tap-rooted plant that is usually branched and is listed as endangered on Schedule 1 of the Species at Risk Act. In Canada, the Dense-flowered Lupine occurs entirely in British Columbia, and is restricted to the Southern Gulf Islands and Nanaimo Lowlands ecosections where it occurs in the Coastal Douglas-fir Biogeoclimatic Zone. The habitat requirements for Dense-flowered Lupine include dry to moist grassy openings, clay cliffs, and eroding grassy banks and benches above the seashore.

The Victoria’s Owl-clover (Castilleja victoriae) is a small annual herb thought to be a root hemiparasite and is listed as endangered on Schedule 1 of the Species at Risk Act. In Canada, the Victoria’s Owl-clover occurs entirely in British Columbia, and can currently be found near the coast of southeast Vancouver Island and adjacent small islands.

The latest recovery strategy for the Dense-flowered Lupine and the latest recovery strategy for the Victoria’s Owl-clover identify the critical habitat for both species in a number of areas, including within a federally protected area.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, subsection 58(1) of that Act applies, 90 days after this publication, to the critical habitat of the Dense-flowered Lupine and of the Victoria’s Owl-clover — identified in the recovery strategies for both species that are included on the Species at Risk Public Registry — that is found on federal land within the Victoria Harbour Bird Sanctuary, as described in the Migratory Bird Sanctuary Regulations made pursuant to the Migratory Birds Convention Act, 1994.

March 26, 2022

Sarah Wren
Director
Species at Risk Act Implementation
Canadian Wildlife Service

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 Canada Development Investment Corporation  
Director Canada Foundation for Sustainable Development Technology  
Chairperson Canada Lands Company Limited  
Chief Executive Officer Canadian Centre on Substance Abuse  
Member Canadian Cultural Property Export Review Board  
Chief Executive Officer Canadian Dairy Commission  
Chairperson Canadian High Arctic Research Station  
Member Canadian High Arctic Research Station  
Vice-Chairperson Canadian High Arctic Research Station  
Deputy Chief Commissioner Canadian Human Rights Commission  
Member Canadian Human Rights Commission  
Trustee Canadian Museum for Human Rights  
Director Canadian Museum of History  
Director Canadian Museum of Nature  
Member Canadian Museum of Nature  
President Farm Credit Canada  
Chairperson International Development Research Centre  
Chairperson Invest in Canada Hub  
Chief Executive Officer Invest in Canada Hub  
Director Invest in Canada Hub  
Commissioner Law Commission of Canada  
President Law Commission of Canada  
Member National Capital Commission  
Trustee National Museum of Science and Technology  
Federal Ombudsman for Victims of Crime Office of the Federal Ombudsman for Victims of Crime  
Privacy Commissioner Office of the Privacy Commissioner of Canada  
Chairperson Patented Medicine Prices Review Board  
Member Payments in lieu of Taxes Dispute Advisory Panel  
Director Windsor-Detroit Bridge Authority