Canada Gazette, Part I, Volume 156, Number 26: GOVERNMENT NOTICES

June 25, 2022

DEPARTMENT OF THE ENVIRONMENT

SPECIES AT RISK ACT

Description of Eastern Whip-poor-will critical habitat in the Big Creek National Wildlife Area, the Long Point National Wildlife Area, the Prince Edward Point National Wildlife Area, and the Rideau Bird Sanctuary

The Eastern Whip-poor-will (Antrostomus vociferus) is an insectivorous migratory bird protected under the Migratory Birds Convention Act, 1994, and listed as threatened on Schedule 1 of the Species at Risk Act. It breeds in sparse forests or at the edge of forests adjacent to open habitats required for foraging. In Canada, the Eastern Whip-poor-will’s breeding distribution includes east-central Saskatchewan, southern Manitoba, southern Ontario, southern Quebec, and sparse locations in New Brunswick, Nova Scotia and Prince Edward Island.

The latest recovery strategy for the Eastern Whip-poor-will available at https://species-registry.canada.ca/index-en.html#/consultations/2736 on the Species at Risk Public Registry, identifies the critical habitat for the species in a number of areas, including within federally protected areas.

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 Eastern Whip-poor-will identified in the recovery strategy for that species that is included on the Species at Risk Public Registry, that is found within the Big Creek National Wildlife Area, Long Point National Wildlife Area, and Prince Edward Point National Wildlife Area described in Schedule 1 of the Wildlife Area Regulations made pursuant to the Canada Wildlife Act, and the Rideau Bird Sanctuary described in the Migratory Bird Sanctuary Regulations made pursuant to the Migratory Birds Convention Act, 1994.

Interested parties are invited to contact Environment and Climate Change Canada by email at ec.protectionep-sarprotection.ec@canada.ca to request clarifications regarding the location, biophysical attributes and protection of this species’ critical habitat. However, some details may be withheld to protect the species and its critical habitat.

June 25, 2022

Sarah Wren
Director
Species at Risk Act Implementation
Canadian Wildlife Service

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19, No. 3

Whereas the annexed Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19, No. 3 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

Whereas, pursuant to subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

Therefore, the Deputy Minister of Transport makes the annexed Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19, No. 3 under subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f.

Ottawa, June 14, 2022

Michael Keenan
Deputy Minister of Transport

Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19, No. 3

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)
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 d’un aérodrome)
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)
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)

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 fully vaccinated person

(4) 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

(5) For greater certainty, for the purposes of the definition fully vaccinated person in subsection (4), 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.

Vaccination — Flights Departing from an Aerodrome in Canada

Application

2 (1) Sections 3 to 16 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 3 to 16 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

3 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 4(2)(a) to (c) or any of subparagraphs 4(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 4(2)(a) to (c) or any of subparagraphs 4(2)(d)(i) to (iv) or (e)(i) to (vii); and
  • (c) if they submit a request referred to in section 5, they must do so within the period set out in subsection 5(3).

Prohibition — person

4 (1) A person must not board an aircraft for a flight or enter 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 4(2)(d)(i) to (iv)

5 (1) An air carrier must issue a document to a person referred to in any of subparagraphs 4(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 4(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 4(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 4(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 4(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 4(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 4(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 4(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 4(2)(d)(i) or (ii), at least 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 4(2)(d)(iii) or (iv), at least 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 that is not submitted within the time limit 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 4(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

6 (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 4(2)(d)(i) to (iv);
  • (b) the number of documents issued under subsection 5(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

7 (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 5(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

8 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 4(2)(a) or (b); or
  • (c) evidence that they are a person referred to in paragraph 4(2)(c) or any of subparagraphs 4(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.

Provision of evidence

9 A person must, at the request of an air carrier, provide to the air carrier the evidence referred to in paragraph 8(a), (b) or (c).

Evidence of vaccination — elements

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

11 (1) A result for a COVID-19 molecular test or a COVID-19 antigen test is a result described in subparagraph 4(2)(c)(i), (ii) or (iii).

Evidence — molecular test

(2) Evidence of a result for a COVID-19 molecular test must include the following:

  • (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

(3) Evidence of a result for a COVID-19 antigen test must include the following:

  • (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.

Person — paragraph 4(2)(a)

12 (1) Evidence that the person is a person referred to in paragraph 4(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 4(2)(b)

(2) Evidence that the person is a person referred to in paragraph 4(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 4(2)(c)

(3) Evidence that the person is a person referred to in paragraph 4(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 4(2)(d)(i) to (iv)

(4) Evidence that the person is a person referred to in any of subparagraphs 4(2)(d)(i) to (iv) must be a document issued by an air carrier under subsection 5(1) in respect of the flight for which the person is boarding the aircraft or entering the restricted area.

Person — subparagraph 4(2)(e)(i)

(5) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(ii)

(6) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(iii)

(7) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(iv)

(8) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(v)

(9) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(vi)

(10) Evidence that the person is a person referred to in subparagraph 4(2)(e)(vi) must be the person’s D-1, O-1 or C-1 visa.

Person — subparagraph 4(2)(e)(vii)

(11) Evidence that the person is a person referred to in subparagraph 4(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 the Foreign Missions and International Organizations Act.

False or misleading information

13 (1) A person must not submit a request referred to in section 5 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

14 (1) An air carrier that has reason to believe that a person has submitted a request referred to in section 5 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 why 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 why the air carrier believes that the evidence is likely to be false or misleading.

Prohibition — air carrier

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 9.

Record keeping — air carrier

16 (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 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 5(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.

Policy Respecting Mandatory Vaccination

Application

17 Sections 18 to 22 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

18 (1) For the purposes of sections 19 to 22, relevant person, in respect of an entity referred to in section 17, 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

19 (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 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 24 to 33 apply — other than a person referred to in subsection 27(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

20 Section 21 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 21(2)(a) to (h) and subsections 21(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 21(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

21 (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 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 20(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 20(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 20(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

22 (1) The operator of an aerodrome, an air carrier or NAV CANADA must make a copy of the policy referred to in section 19, 20 or 21, 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 19, 20 or 21, as applicable, available to the Minister on request.

Vaccination — Aerodromes in Canada

Application

23 (1) Sections 24 to 33 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 24 to 33 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

24 (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 19(2)(d) or 21(2)(d).

Provision of evidence

25 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 10; and
  • (b) in the case of a person who has been issued a document under the procedure referred to in paragraph 19(2)(d) or 21(2)(d), the document issued to the person.

Request for evidence

26 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 25(a) or (b).

Declaration

27 (1) If a person who is a fully vaccinated person or who has been issued a document under the procedure referred to in paragraph 19(2)(d) is unable, following a request to provide evidence under section 26, 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 19(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 26 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 25(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

28 (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 27(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

29 (1) A screening authority must deny a person entry to a restricted area if, following a request to provide evidence under section 26, the person does not provide the evidence or, if applicable, does not sign or provide a declaration under subsection 27(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

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

Notice to Minister

31 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

32 (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 29(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

33 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 19(2)(d).

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 for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19, No. 2, made on June 1, 2022, is repealed.

Cessation of Effect

36 This Interim Order ceases to have effect at 00:00:01 Eastern daylight time on June 20, 2022.

SCHEDULE 1

(Subsections 1(1) and 2(1) and paragraphs 2(2)(c), 17(a) and (b), 18(2)(d) and 23(1)(a) to (c) and (e))

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

SCHEDULE 2

(Subparagraph 19(2)(a)(iii) and paragraphs 21(2)(a) and 23(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
Section 3   25,000
Subsection 4(1) 5,000  
Subsection 5(1)   25,000
Subsection 6(1)   25,000
Subsection 6(2)   25,000
Subsection 6(3)   25,000
Subsection 7(1)   25,000
Subsection 7(2)   25,000
Section 8   25,000
Section 9 5,000  
Subsection 13(1) 5,000  
Subsection 13(2) 5,000  
Subsection 14(1)   25,000
Subsection 14(2)   25,000
Section 15   25,000
Subsection 16(1)   25,000
Subsection 16(2)   25,000
Subsection 16(3)   25,000
Subsection 19(1)   25,000
Subsection 21(1)   25,000
Subsection 22(1)   25,000
Subsection 22(2)   25,000
Subsection 24(1) 5,000  
Section 25 5,000  
Section 26   25,000
Subsection 27(3)   25,000
Subsection 27(4) 5,000  
Subsection 27(5)   25,000
Subsection 28(1)   25,000
Subsection 28(2)   25,000
Subsection 28(3)   25,000
Subsection 29(1)   25,000
Subsection 29(2)   25,000
Subsection 29(3)   25,000
Section 30 5,000  
Section 31   25,000
Subsection 32(1)   25,000
Subsection 32(2)   25,000
Subsection 32(3)   25,000
Section 33   25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 65

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 65 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

Whereas, pursuant to subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

Therefore, the Deputy Minister of Transport makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 65 under subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f.

Ottawa, June 14, 2022

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 65

Interpretation

Definitions

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

aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
COVID-19
means the coronavirus disease 2019. (COVID-19)
COVID-19 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  • (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  • (c) if the test is self-administered, is observed and 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)
customs officer
has the same meaning as officer in subsection 2(1) of the Customs Act. (agent des douanes)
foreign national
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
non-passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
peace officer
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
quarantine officer
means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
Regulations
means the Canadian Aviation Regulations. (Règlement)
restricted area
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
screening authority
means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. (administration de contrôle)
screening officer
has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
testing provider
means
  • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
variant of concern
means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)

Interpretation

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

Conflict

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

Definition of mask

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

  • (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.

Notification

Quarantine plan and vaccination

2 A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that, where applicable, they are required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, their quarantine plan and information related to their COVID-19 vaccination, or, if the person is not required under that order to provide their plan and information, their contact information on the ArriveCAN application or website. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.

[3 and 4 reserved]

Foreign Nationals

Prohibition

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

Exception

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

Confirmation of Health Status

Non-application

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

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

Notification

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

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

Confirmation

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

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

False confirmation — notice to person

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

False confirmation — obligations of person

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

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

Exception

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

Observations — private operator or air carrier

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

Prohibition

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

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

Exception

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

[10 reserved]

COVID-19 Tests — Flights to Canada

Application

11 (1) Sections 13 to 17 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 13 to 17 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test.

[12 reserved]

Evidence — result of test

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

  • (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.

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, a crew member, a customs officer or a quarantine officer with respect to wearing a mask.

Prohibition — private operator or air carrier

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

  • (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) Sections 28 and 28.1 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 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 or 28.1 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 — persons on board

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

Wearing of mask — customs and border processing area

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

Screening Authority

Non-application

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

  • (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 the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

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

Notice

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

  • (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. 64, made on June 1, 2022, is repealed.

SCHEDULE

(Subsections 34(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual   Corporation
Section 2 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000  
Subsection 8(3) 5,000 25,000
Subsection 8(4) 5,000  
Subsection 8(6) 5,000 25,000
Subsection 9(1) 5,000 25,000
Subsection 13(1) 5,000  
Section 13.1 5,000  
Section 15 5,000  
Section 16 5,000 25,000
Section 17 5,000 25,000
Subsection 18(2) 5,000  
Subsection 18(3) 5,000  
Section 19 5,000 25,000
Section 20 5,000  
Subsection 21(1) 5,000 25,000
Section 22 5,000  
Section 23 5,000 25,000
Subsection 24(1) 5,000 25,000
Subsection 24(2) 5,000 25,000
Subsection 24(3) 5,000 25,000
Subsection 25(1) 5,000 25,000
Subsection 26(1) 5,000 25,000
Subsection 27(2) 5,000  
Section 28 5,000  
Section 28.1 5,000  
Subsection 29(2) 5,000  
Subsection 30(1)   25,000
Subsection 30(2) 5,000  
Subsection 30(3) 5,000  
Subsection 30(4) 5,000  
Subsection 31(1) 5,000  
Subsection 31(2) 5,000  
Subsection 33(1)   25,000
Subsection 33(2)   25,000

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022

Whereas the Minister of Transport is of the opinion that the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made under paragraphs 35.1(1)(k)footnote h and 136(1)(f)footnote i of the Canada Shipping Act, 2001footnote j;

Therefore, the Minister of Transport makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022 under subsection 10.1(1)footnote k of the Canada Shipping Act, 2001 footnote j.

Ottawa, May 31, 2022

Omar Alghabra
Minister of Transport

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2022

Definitions

Definitions

1 The following definitions apply in this Interim Order.

Minister
means the Minister of Transport. (ministre)
Southern Resident killer whale
means any member of the Killer Whale (Orcinus orca) Northeast Pacific southern resident population. (épaulard résident du sud)

Approach Distance Prohibition

Prohibition — vessels

2 (1) Beginning on June 1, 2022, a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

  • (a) a vessel in transit;
  • (b) a vessel in distress or providing assistance to a vessel or person in distress;
  • (c) a vessel involved in pollution response operations;
  • (d) a vessel avoiding immediate or unforeseen danger; or
  • (e) a vessel carrying any person referred to in any of paragraphs 3(2)(a) to (e).

Prohibition — persons

3 (1) Beginning on June 1, 2022, a person operating a vessel must not approach within 400 m of a killer whale in the waters indicated in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to

  • (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada;
  • (b) a person acting in a manner authorized under the Species at Risk Act;
  • (c) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
  • (d) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations; or
  • (e) a person operating a vessel referred to in any of paragraphs 2(2)(a) to (e).

Interim Sanctuary Zones

Prohibition — vessels

4 (1) During the period beginning on June 1, 2022, and ending on November 30, 2022, a vessel must not navigate in the waters indicated in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to

  • (a) a vessel being used to access a private residence, a commercial establishment or any other establishment providing a service, if travel in the waters indicated in Schedule 2 is the only practical means of doing so and the vessel is navigating directly between
    • (i) a location on Pender Island or Saturna Island and another location on one of those islands,
    • (ii) a location on Pender Island or Saturna Island and a location beyond the waters indicated in Schedule 2,
    • (iii) a location on Pender Island or Saturna Island and a mooring buoy located in the waters indicated in Schedule 2, or
    • (iv) a mooring buoy located in the waters indicated in Schedule 2 and a location beyond those waters;
  • (b) a human-powered vessel navigating at a distance of 20 m or less from the shoreline — meaning the line where the water surface touches the land — in the waters indicated in items 1 and 2 of Schedule 2;
  • (c) a vessel in distress or providing assistance to a person or vessel in distress;
  • (d) a vessel involved in pollution response operations;
  • (e) a vessel avoiding immediate or unforeseen danger;
  • (f) a vessel being used to fish under a licence issued under the Aboriginal Communal Fishing Licences Regulations
    • (i) for food, social or ceremonial purposes, or
    • (ii) for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982; or
  • (g) a vessel carrying any person referred to in any of paragraphs 5(2)(a) to (h).

Prohibition — persons

5 (1) During the period beginning on June 1, 2022, and ending on November 30, 2022, a person must not operate a vessel in the waters indicated in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to

  • (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada;
  • (b) a person acting in a manner authorized under the Species at Risk Act;
  • (c) a person authorized under subsection 38(1) of the Marine Mammal Regulations to disturb a killer whale;
  • (d) a person fishing for marine mammals under the authority of the Marine Mammal Regulations;
  • (e) a person fishing for marine mammals for experimental, scientific, educational or public display purposes in the manner set out in a licence issued under the Fishery (General) Regulations;
  • (f) a person fishing under a licence issued under the Aboriginal Communal Fishing Licences Regulations
    • (i) for food, social or ceremonial purposes, or
    • (ii) for domestic purposes pursuant to a treaty within the meaning of section 35 of the Constitution Act, 1982;
  • (g) an Indigenous person exercising an existing right, other than for fishing, for non-commercial purposes under section 35 of the Constitution Act, 1982; or
  • (h) a person operating a vessel referred to in any of paragraphs 4(2)(a) to (g).

Speed Limits

Speed limit — vessels

6 (1) During the period beginning on June 1, 2022, and ending on November 30, 2022, a vessel must not proceed at a speed in excess of 10 knots over ground in the waters indicated in Schedule 3.

Exceptions

(2) Subsection (1) does not apply to

  • (a) a vessel in distress or providing assistance to a vessel or person in distress;
  • (b) a vessel involved in pollution response operations;
  • (c) a vessel avoiding immediate or unforeseen danger;
  • (d) a vessel that is not operating a motor; or
  • (e) a vessel carrying any person referred to in paragraph 7(2)(a).

Speed limit — persons

7 (1) During the period beginning on June 1, 2022, and ending on November 30, 2022, a person must not operate a vessel at a speed in excess of 10 knots over ground in the waters indicated in Schedule 3.

Exceptions

(2) Subsection (1) does not apply to

  • (a) an employee of the Government of Canada or a peace officer who is performing their duties, or a person who is assisting them or who is otherwise present at the request of the Government of Canada; or
  • (b) a person operating a vessel referred to in any of paragraphs 6(2)(a) to (e).

Authorizations

Authorization — whale-watching

8 (1) The Minister may, in writing, issue an authorization to a vessel and to persons operating that vessel to approach a killer whale, other than a Southern Resident killer whale, for the purpose of commercial whale-watching at a distance of between 200 m and 400 m in the waters indicated in Schedule 1 if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales.

Authorization — promotion of protection of killer whales

(2) The Minister may, in writing, issue one of the following authorizations to a vessel and to persons operating that vessel for the purpose of a non-commercial activity that promotes compliance with and monitoring of measures taken to protect killer whales if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales:

  • (a) an authorization to approach a killer whale at a distance of between 200 m and 400 m in the waters indicated in Schedule 1; or
  • (b) an authorization to navigate or operate a vessel in the waters indicated in Schedule 2.

Application for authorization

(3) The following persons or organizations may submit a request for an authorization in respect of a vessel that they own or operate and persons operating that vessel:

  • (a) in the case of an authorization referred to in subsection (1), a person who owns or operates a business for the purposes of commercial whale-watching or ecotourism, or any person or organization acting on behalf of such a business; or
  • (b) in the case of the authorizations referred to in subsection (2)
    • (i) an incorporated non-profit organization with a mandate to promote the protection of killer whales, or any person or organization acting on behalf of such an organization, or
    • (ii) a government, council or other entity authorized to act on behalf of an Indigenous group.

Condition of authorization

(4) An authorization is subject to the condition that the authorization holder complies with measures respecting the protection of killer whales, including those respecting the reduction of the risk of physical and acoustic disturbances to Southern Resident killer whales, set out in the agreement entered into with the Minister.

Amending conditions

(5) The Minister may add, amend or remove conditions, if the Minister considers it necessary to contribute to the protection of killer whales or the marine environment or to marine safety.

Authorization on board vessel

(6) An authorization must be kept on board the vessel.

Suspension or revocation

(7) The Minister may suspend or revoke an authorization, and inform the authorization holder in writing, if

  • (a) the person who submitted the application for the authorization knowingly provided false or misleading information to obtain the authorization;
  • (b) the authorization holder fails to comply with any condition referred to in subsection (4) or (5), and the non-compliance constitutes a risk to killer whales, the marine environment or marine safety;
  • (c) the authorization holder fails to comply with any requirements under
    • (i) the Canada Shipping Act, 2001,
    • (ii) the Oceans Act, or
    • (iii) the Fisheries Act; or
  • (d) the Minister considers it necessary to protect killer whales or the marine environment or for marine safety.

Additional requirements — whale-watching

9 (1) A person who is operating a vessel to which an authorization was issued under subsection 8(1) must comply with the following requirements:

  • (a) the person must, as soon as feasible, report the following information to the Minister each time that the vessel is within 400 m of a Southern Resident killer whale in the waters indicated in Schedule 1:
    • (i) the name of their vessel,
    • (ii) the date and time of the occurrence,
    • (iii) the geographic coordinates of the vessel at the time of the occurrence, and
    • (iv) the number of Southern Resident killer whales observed by the person at the time of the occurrence;
  • (b) the person must, as soon as feasible, report the following information to the Minister each time that they observe another vessel within 400 m of a Southern Resident killer whale in the waters indicated in Schedule 1:
    • (i) the name of their vessel,
    • (ii) the date and time of the observation,
    • (iii) the geographic coordinates of their vessel at the time of the observation,
    • (iv) the number of Southern Resident killer whales observed by the person, and
    • (v) a description of the vessel that was observed within 400 m of a Southern Resident killer whale;
  • (c) the person must, as soon as feasible, use the WhaleReport application to record each observation of a Southern Resident killer whale that the person makes; and
  • (d) the person must ensure that the authorization flag provided by the Minister is visible on the vessel at all times when the vessel is in the waters indicated in Schedule 1.

Prohibition on advertising

(2) After an authorization under subsection 8(1) is issued, the person or organization that submitted the request for the authorization must not refer to sightings of Southern Resident killer whales when offering or promoting excursions for the purpose of commercial whale-watching.

Schedule 1

(Subsections 2(1), 3(1) and 8(1) and paragraphs 8(2)(a) and 9(1)(a), (b) and (d))

Waters Subject to Approach Distance Prohibition
The waters subject to the approach distance prohibition are bounded by a line
beginning at 50°03.807′N 124°50.610′W [Sarah Point];
then to 49°52.486′N 124°33.903′W [north Powell River];
then to 49°52.426′N 124°33.912′W [south Powell River];
then to 49°46.436′N 124°16.815′W [north Jervis Inlet/Thunder Bay];
then to 49°44.262′N 124°13.260′W [south Jervis Inlet];
then to 49°43.838′N 124°12.572′W [north Blind Bay];
then to 49°43.018′N 124°11.228′W [south Ballet Bay];
then to 49°39.450′N 124°05.148′W [west Agamemnon Channel];
then to 49°39.313′N 124°04.355′W [east Agamemnon Channel];
then to 49°19.301′N 123°08.888′W [north Burrard Inlet];
then to 49°18.775′N 123°08.882′W [south Burrard Inlet];
then to 49°15.608′N 123°15.755′W [Cowards Cove];
then to 49°15.173′N 123°16.247′W [east Sea Island];
then to 49°15.455′N 123°16.795′W [north Sea Island];
then to 49°12.853′N 123°13.338′W [south Sea Island];
then to 49°11.205′N 123°12.225′W [north Swishwash Island];
then to 49°10.425′N 123°12.023′W [south Swishwash Island];
then to 49°07.853′N 123°12.037′W [Steveston];
then to 49°06.128′N 123°19.335′W [north Strait of Georgia];
then to 49°05.368′N 123°19.342′W [south Strait of Georgia];
then to 49°07.058′N 123°11.647′W [Fraser River];
then to 49°06.532′N 123°11.232′W [Westham Island];
then to 49°04.062′N 123°09.410′W [south Canoe Passage];
then to 49°03.487′N 123°08.493′W [Roberts Bank];
then to 49°00.132′N 123°05.460′W [Boundary Bluff];
then adjacent to the United States border until 48°14.200′N 125°44.500′W [southern boundary of the critical habitat of the Southern Resident killer whale];
then to 48°41.700′N 126°17.783′W [northwest boundary of the critical habitat of the Southern Resident killer whale];
then to 48°59.685′N 125°40.152′W [Quisitis Point];
then to 48°55.253′N 125°32.517′W [Amphitrite Point];
then to 48°56.076′N 125°31.372′W [Stuart Bay];
then to 49°01.238′N 125°02.383′W [Hi’tatis];
then to 48°46.985′N 125°12.587′W [Cape Beale];
then to 48°39.645′N 124°49.205′W [west Clo-oose Bay];
then to 48°39.485′N 124°48.648′W [east Clo-oose Bay];
then to 48°33.703′N 124°27.812′W [west Port San Juan];
then to 48°33.110′N 124°25.742′W [east Port San Juan];
then to 49°59.092′N 125°13.390′W [Campbell River];
then to 50°03.807′N 124°50.610′W [Sarah Point].

Schedule 2

(Subsection 4(1), paragraphs 4(2)(a) and (b), subsection 5(1) and paragraph 8(2)(b))

Interim Sanctuary Zones

1. Saturna Island

The waters off Saturna Island bounded by a line

beginning at 48°47.150′N 123°02.733′W [northern boundary of East Point (shoreline)];
then to 48°47.367′N 123°02.915′W [Tumbo Channel];
then to 48°47.617′N 123°02.483′W [northwest boundary (east of Tumbo Point)];
then to 48°47.473′N 123°01.975′W [northeast boundary (Boiling Reef)];
then to 48°46.558′N 123°03.147′W [Boundary Pass];
then to 48°46.333′N 123°03.805′W [southeast boundary];
then to 48°46.350′N 123°05.150′W [southwest boundary (Narvaez Bay)];
then to 48°46.683′N 123°05.150′W [Fiddlers Cove];
then to 48°47.150′N 123°02.733′W [northern boundary of East Point (shoreline)].

2. Pender Island

The waters off Pender Island bounded by a line

beginning at 48°45.817′N 123°19.300′W [northwest boundary];
then to 48°46.217′N 123°18.867′W [northeast boundary];
then to 48°44.167′N 123°13.917′W [southeast boundary];
then to 48°44.153′N 123°15.517′W [southwest boundary];
then to 48°45.817′N 123°19.300′W [northwest boundary].

Schedule 3

(Subsections 6(1) and 7(1))

Waters Subject to Speed Limits

1. Mouth of the Nitinat River

The waters of the mouth of the Nitinat River bounded by a line

beginning at 48°42.377′N 125°00.000′W [northwest boundary];
then to 48°36.683′N 125°00.000′W [northwest boundary (Swiftsure Bank)];
then to 48°36.683′N 124°45.083′W [southeast boundary (Carmanah Point)];
then along the coastline to 48°42.377′N 125°00.000′W [northeast boundary].

2. Swiftsure Bank

The waters off Swiftsure Bank bounded by a line

beginning at 48°34.000′N 125°06.000′W [northwest boundary];
then to 48°32.100′N 125°01.760′W [southwest boundary];
then to 48°32.100′N 124°49.545′W [southern boundary (traffic separation scheme lane)];
then to 48°32.017′N 124°46.593′W [southern boundary (traffic separation scheme lane)];
then to 48°31.150′N 124°43.483′W [southeast boundary];
then to 48°35.717′N 124°43.067′W [northeast boundary];
then to 48°34.000′N 124°54.190′W [northern boundary];
then to 48°34.000′N 125°06.000′W [northwest boundary].

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  
Chairperson Canada Agricultural Review Tribunal  
Director Canada Development Investment Corporation  
Director Canada Foundation for Sustainable Development Technology  
Chairperson Canada Lands Company Limited  
Member Canada–Nova Scotia Offshore Petroleum Board  
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  
Chief Commissioner Canadian Human Rights Commission  
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  
Chairperson Canadian Radio-television and Telecommunications Commission  
Vice-Chairperson Canadian Radio-television and Telecommunications Commission  
Special Representative on Combatting Islamophobia Department of Canadian Heritage  
President Farm Credit Canada  
Member Historic Sites and Monuments Board of Canada  
Commissioner International Commission on the Conservation of Atlantic Tunas  
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  
Chairperson National Arts Centre Corporation  
Member National Capital Commission  
Government Film Commissioner National Film Board  
Trustee National Museum of Science and Technology  
Canadian Representative North Atlantic Salmon Conservation Organization  
Canadian Representative North Pacific Anadromous Fish Commission  
Federal Ombudsman for Victims of Crime Office of the Federal Ombudsman for Victims of Crime  
Privacy Commissioner Office of the Privacy Commissioner of Canada  
Member Pacific Pilotage Authority  
Chairperson Patented Medicine Prices Review Board  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Chairperson Royal Canadian Mounted Police Management Advisory Board  
Member Royal Canadian Mounted Police Management Advisory Board  
Vice-Chairperson Royal Canadian Mounted Police Management Advisory Board  
Deputy Registrar Supreme Court of Canada  
Executive Director Telefilm Canada  
Director Windsor-Detroit Bridge Authority