Canada Gazette, Part I, Volume 156, Number 39: GOVERNMENT NOTICES
September 24, 2022
2022-09-24

Canada Gazette, Part I, Volume 156, Number 39: GOVERNMENT NOTICES

September 24, 2022

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Amending the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class

The Minister of Citizenship and Immigration gives the annexed Ministerial Instructions Amending the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class under section 14.1footnote a of the Immigration and Refugee Protection Act footnote b.

Ottawa, September 15, 2022

Sean Fraser
Minister of Citizenship and Immigration

Ministerial Instructions Amending the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class

Amendments

1 (1) Subsection 3(1) of the Ministerial Instructions with respect to the Rural and Northern Community Immigration Class footnote 1 is replaced by the following:

Work experience

3 (1) The applicant must have, in the three years preceding the day on which they made their application for permanent residence, accumulated at least one year of full-time work experience, or the equivalent in part-time work, in an occupation listed in the National Occupational Classification.

(2) Paragraph 3(2)(c) of the Instructions is replaced by the following:

  • (c) it must include only work experience that was acquired in the employ of a third party, unless the experience was acquired as a medical practitioner entitled to practise medicine under the laws of the jurisdiction where the experience was acquired; and

2 (1) Subsection 4(1) of the Instructions is replaced by the following:

Offer of employment

4 (1) The applicant must have a genuine offer of employment, as determined under subsection 200(5) of the Regulations, that the applicant is likely to accept, for employment involving duties that the applicant is able and likely to perform and for which the applicant meets the employment requirements of the occupation, as set out in the National Occupational Classification, except for certification requirements in the case of regulated occupations.

Employer

(1.1) The offer of employment must be from an employer that carries on business in the community and that is not

  • (a) a consulate;
  • (b) an employer referred to in paragraphs 200(3)(g.1) or (h) of the Regulations;
  • (c) a business that recruits individuals in order to establish a pool of candidates who are intended to be transferred or contracted to other businesses; or
  • (d) a business in which a majority of shares or other ownership interests is held, either individually or collectively, by the foreign national or their spouse or common-law partner or that is controlled, directly or indirectly, by the foreign national or their spouse or common-law partner.

(2) The portion of paragraph 4(2)(d) of the Instructions before subparagraph (i) is replaced by the following:

  • (d) subject to subsection (3), in an occupation that is,

(3) Subparagraph 4(2)(d)(iii) of the Instructions is replaced by the following:

  • (iii) if the work experience referred to in subsection 3(1) was acquired in an occupation that is in Skill Level B in the National Occupational Classification, in Skill Type 0 or Skill Level A, B or C,

(4) Section 4 of the Instructions is amended by adding the following after subsection (2):

Exception — health care

(3) An applicant who meets the work experience requirements set out in section 3 based on experience in an occupation that corresponds to unit group 3012 of the National Occupational Classification and who has an offer of employment in an occupation that corresponds to unit group 3413 or to the occupational description of a home support worker in unit group 4412 does not need to meet the requirements set out in paragraph (2)(d).

3 (1) Paragraph 8(2)(b) of the Instructions is replaced by the following:

  • (b) whether the applicant has a genuine offer of employment, from an employer that is established within the community and that is able and likely to support the applicant’s integration into the community, in an occupation or an industry sector that is in demand in the community;

(2) Subsection 8(2) of the Instructions is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

  • (e) whether the applicant meets the work experience requirement set out in subsection 3(1);
  • (f) whether the applicant meets the language proficiency and education requirements set out in sections 5 and 6; and
  • (g) whether the applicant, or their spouse or common-law partner, has a connection to the community.

4 Section 9 of the Instructions is replaced by the following:

Necessary funds

9 The applicant must, if they do not already occupy a position of employment in Canada, have in the form of transferable and available funds — unencumbered by debts or other obligations — an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low-income cut-offs published annually by Statistics Canada under the Statistics Act, for rural areas outside census metropolitan areas or census agglomerations, as the minimum amount of before-tax annual income necessary for the applicant to support themselves and their family members, whether those family members are accompanying them or not.

5 The portion of items 3 to 7 of the schedule to the Instructions in column 2 is replaced by the following:

Item

Column 2

Community

3

In British Columbia, an area comprised of

  • (a) the census division of Regional District of Central Kootenay, as defined by Statistics Canada;
  • (b) the census division of Regional District of Kootenay Boundary, excluding the census subdivision of Electoral Area E (West Boundary), as defined by Statistics Canada; and
  • (c) the area bounded by straight lines connecting the following coordinates in the order in which they are listed:
    • (i) latitude 48°59’59.4528" North and longitude 119°00’32.4396" West,
    • (ii) latitude 49°00’00.6372" North and longitude 118°35’21.4758" West,
    • (iii) latitude 49°09’04.3704" North and longitude 118°33’13.8924" West,
    • (iv) latitude 49°04’42.1926" North and longitude 119°00’55.2888" West, and
    • (v) latitude 48°59’59.4528" North and longitude 119°00’32.4396" West

4

In British Columbia, the area bounded by straight lines connecting the following coordinates in the order in which they are listed, excluding the census subdivision of Kelowna (City), as defined by Statistics Canada:

  • (a) latitude 50°53’39.2136" North and longitude 119°51’15.0048" West;
  • (b) latitude 50°53’14.8308" North and longitude 118°42’34.5774" West;
  • (c) latitude 49°54’03.4884" North and longitude 118°42’58.1394" West;
  • (d) latitude 49°54’21.9708" North and longitude 119°49’36.8214" West; and
  • (e) latitude 50°53’39.2136" North and longitude 119°51’15.0048" West

5

In Ontario, an area comprised of

  • (a) the census metropolitan area of Greater Sudbury, as defined by Statistics Canada;
  • (b) the census subdivision of the municipality of French River, as defined by Statistics Canada;
  • (c) the census subdivision of the municipality of Killarney, as defined by Statistics Canada;
  • (d) the census subdivision of the municipality of Markstay-Warren, as defined by Statistics Canada;
  • (e) census subdivision of the municipality of St.-Charles, as defined by Statistics Canada; and
  • (f) the area bounded by straight lines connecting the following coordinates in the order in which they are listed:
    • (i) latitude 46°25’57.7194" North and longitude 81°32’27.492" West,
    • (ii) latitude 46°57’19.3752" North and longitude 80°49’38.226" West,
    • (iii) latitude 47°43’33.0054" North and longitude 81°38’06.291" West,
    • (iv) latitude 47°40’25.842" North and longitude 81°59’58.6098" West, and
    • (v) latitude 46°25’57.7194" North and longitude 81°32’27.492" West

6

In Saskatchewan, the area bounded by straight lines connecting the following coordinates in the order in which they are listed:

  • (a) latitude 50°11’18.5994" North and longitude 105°28’29.3376" West;
  • (b) latitude 50°32’30.0048" North and longitude 105°28’09.3828" West;
  • (c) latitude 50°27’35.1468" North and longitude 106°46’29.6004" West;
  • (d) latitude 50°44’34.3494" North and 106°01’25.7232" West;
  • (e) latitude 49°52’21.4356" North and longitude 106°34’47.6358" West;
  • (f) latitude 49°36’32.871" North and longitude 105°58’50.325" West; and
  • (g) latitude 50°11’18.5994" North and longitude 105°28’29.3376" West

7

In Ontario, an area comprised of

  • (a) the census subdivision of the municipality of Temagami, as defined by Statistics Canada;
  • (b) the census subdivision of the municipality of West Nipissing, as defined by Statistics Canada; and
  • (c) the area bounded by straight lines connecting the following coordinates in the order in which they are listed:
    • (i) latitude 47°08’28.5252" North and longitude 79°48’05.5758" West,
    • (ii) latitude 46°16’18.498" North and longitude 80°09’18.6696" West
    • (iii) latitude 45°34’39.9216" North and longitude 79°24’15.0372" West,
    • (iv) latitude 46°18’57.3906" North and longitude 78°41’28.9536" West,
    • (v) latitude 46°19’39.9216" North and longitude 78°42’53.5752" West, and
    • (vi) latitude 47°08’28.5252" North and longitude 79°48’05.5758" West
6 The portion of items 10 and 11 of the schedule to the Instructions in column 2 is replaced by the following:

Item

Column 2

Community

10

In Ontario, an area comprised of

  • (a) the census division of Thunder Bay District, as defined by Statistics Canada;
  • (b) the census division of Rainy River District, as defined by Statistics Canada; and
  • (c) the area bounded by straight lines connecting the following coordinates in the order in which they are listed:
    • (i) latitude 50°08’58.6134" North and longitude 93°02’14.622" West,
    • (ii) latitude 49°35’10.3014" North and longitude 92°55’22.2528" West,
    • (iii) latitude 49°09’08.0316" North and 90°57’47.9376" West,
    • (iv) latitude 50°14’10.2336" North and longitude 90°57’26.6868" West, and
    • (v) latitude 50°08’58.6134" North and longitude 93°02’14.622" West

11

In Ontario, the area bounded by straight lines connecting the following coordinates in the order in which they are listed:

  • (a) latitude 49°46’50.6778" North and longitude 83°52’10.362" West;
  • (b) latitude 48°11’46.1466" North and longitude 82°27’04.1466" West;
  • (c) latitude 47°21’06.21" North and longitude 79°34’22.3752" West;
  • (d) latitude 49°26’27.8982" North and longitude 79°58’05.16" West; and
  • (e) latitude 49°46’50.6778" North and longitude 83°52’10.362" West
7 The portion of items 1 to 11 of the schedule to the Instructions in column 3 is replaced by the following:

Item

Column 3

Period

1

November 1, 2019 to February 29, 2024

2

January 1, 2020 to February 29, 2024

3

January 1, 2020 to February 29, 2024

4

January 1, 2020 to February 29, 2024

5

November 1, 2019 to February 29, 2024

6

April 1, 2020 to February 29, 2024

7

January 1, 2020 to February 29, 2024

8

November 1, 2019 to February 29, 2024

9

November 1, 2019 to February 29, 2024

10

November 1, 2019 to February 29, 2024

11

January 1, 2020 to February 29, 2024

Taking Effect

8 These Instructions take effect on September 23, 2022, but if they are given after that day, they take effect on the day on which they are given.

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 72

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 72 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 c and 4.9footnote d, paragraphs 7.6(1)(a)footnote e and (b)footnote f and section 7.7footnote g of the Aeronautics Act footnote h;

Whereas, pursuant to subsection 6.41(1.1)footnote i of the Aeronautics Actfootnote h, 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. 72 under subsection 6.41(1.1)footnote g of the Aeronautics Act footnote f.

Ottawa, September 9, 2022

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 72

Interpretation

Definitions

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

aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
COVID-19
means the coronavirus disease 2019. (COVID-19)
COVID-19 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  • (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  • (c) if the test is self-administered, is observed and produces a result that is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
  • (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
  • (a) if the test is self-administered, is observed and produces a result that is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
  • (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)
customs officer
has the same meaning as officer in subsection 2(1) of the Customs Act. (agent des douanes)
foreign national
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
non-passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
passenger screening checkpoint
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
peace officer
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
quarantine officer
means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
Regulations
means the Canadian Aviation Regulations. (Règlement)
restricted area
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
screening authority
means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. (administration de contrôle)
screening officer
has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
testing provider
means
  • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
variant of concern
means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)

Interpretation

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

Conflict

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

Definition of mask

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

  • (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, using the ArriveCAN application or website. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.

ArriveCAN — verification

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

ArriveCAN — information

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

Exception

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

ArriveCAN — evidence

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

Records

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

  • (a) keep a record of
    • (i) the date and flight number,
    • (ii) the person’s name and date of birth, and
    • (iii) the type of travel document used by the person and the travel document number; and
  • (b) inform the Minister as soon as feasible of any record created under paragraph (a).

Retention period

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

Ministerial request

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

Copy of record

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

Foreign Nationals

Prohibition

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

Exception

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

Confirmation of Health Status

Non-application

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

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

OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS

ASSESSMENT OF PENSION PLANS REGULATIONS

Basic rate

Notice is hereby given, in accordance with section 5 of the Assessment of Pension Plans Regulations, that the Superintendent of Financial Institutions sets the basic rate, established pursuant to section 4 of the said Regulations, at $11.00 for the Office year beginning on April 1, 2023. In accordance with subsection 1(1) of the said Regulations, this rate applies to all pension plans registered under the Pension Benefits Standards Act, 1985 and the Pooled Registered Pension Plans Act.

September 16, 2022

Ben Gully
Deputy Superintendent
Supervision Sector

PRIVY COUNCIL OFFICE

Appointment opportunities

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

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

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

Current opportunities

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

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