Canada Gazette, Part I, Volume 154, Number 24: GOVERNMENT NOTICES

June 13, 2020

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 20267

Ministerial condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas Phoslock Environmental Technologies Ltd. has, on January 3, 2020, provided to the Minister of the Environment the prescribed information concerning the substance bentonite, lanthanian, Chemical Abstracts Service Registry Number 302346-65-2, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999 and has requested that some of the information provided be treated as confidential, in accordance with subsection 313(1) of that Act;

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of that Act,

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, hereby permits the import of the substance in accordance with the conditions of the following annex.

Kevin Cash
Acting Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions.

• “alkalinity” means the concentration of calcium carbonate (CaCO₃) in water, expressed in milligrams of CaCO₃ per litre of water (mg/L).
• “authorized personnel” means an employee of the notifier or any person hired by the notifier who was informed of the present ministerial conditions and provided with the substance safety data sheet.
• “chemical remediation” means the use of chemicals to control contaminants in a lake, including but not limited to the use of iron-containing or aluminum-containing products for remediation.
• “dissolved lanthanum” means lanthanum remaining in a water sample after filtration through a 0.2 micrometres filter.
• “lake” means either
  • (a) Pigeon Lake located within the County of Wetaskiwin No. 10 and the County of Leduc, Alberta;
  • (b) Roxton Lake located within La Haute-Yamaska Regional County Municipality, Quebec; or
  • (c) Lake 3 as defined in the information concerning the substance provided on January 3, 2020, to the Minister of the Environment by the notifier in accordance with subsection 81(1) of the Act and located within Les Laurentides Regional County Municipality, Quebec.
• “notifier” means Phoslock Environmental Technologies Ltd.
• “physical remediation” means the use of physical techniques to control contaminants in a lake, including but not limited to aeration and dredging remediation techniques.
• “substance” means bentonite, lanthanian, Chemical Abstracts Service Registry Number 302346-65-2.

2. The notifier may import the substance subject to the following ministerial conditions.

Restrictions

3. The notifier shall ensure that the substance is used only as a phosphorous binder in a lake and only when the following conditions are met:

• (a) no person uses the lake as a source of drinking water;
• (b) over the period of 12 hours following a discharge of the substance, the weather forecast for the location of the lake indicates a likelihood of precipitation equal to or lower than 40%;
• (c) the total quantity of substance discharged in the lake does not exceed the quantity determined by the following equation:
• Q≤0.000143 × V × e^{0.3842 × pH}
• where
  • pH is the pH measured in accordance with section 4,
  • Q is the quantity of substance, expressed in kilograms, and
  • V is the volume of water in the lake, expressed in cubic metres and determined by the notifier by calculation, estimate or reference;
• (d) the substance is discharged by authorized personnel;
• (e) the pH of the lake measured in accordance with section 4 is between 8.0 and 9.0;
• (f) the alkalinity of the lake measured in accordance with section 4 is above 70 mg/L of CaCO₃;
• (g) the lake was never subjected to chemical remediation;
• (h) no other chemical remediation or physical remediation technique is used in the lake in conjunction with the substance.

4. (1) The notifier shall ensure that the pH, alkalinity, dissolved oxygen concentration and total phosphorus concentration of a lake where the substance is discharged are measured once during the period of 90 days that precedes a discharge.

(2) When measuring the pH and dissolved oxygen concentration in accordance with subsection (1), the notifier shall ensure that, where the height of the water column is the greatest in the lake

• (a) measurements are taken at a depth of 0.5 m; and
• (b) measurements are taken 1 m above sediments.

(3) When measuring the alkalinity and total phosphorus concentration in accordance with subsection (1), the notifier shall ensure that, where the height of the water column is the greatest in the lake

• (a) one water sample is taken at a depth of 0.5 m; and
• (b) one water sample is taken 1 m above sediments.

5. (1) The notifier shall ensure that, after the 365th day that follows the discharge, the pH and alkalinity of a lake where the substance is discharged are measured each calendar year at least once during the month of April and once during the month of October until the day referred to in paragraph 9(1)(e).

(2) When measuring the pH in accordance with subsection (1), the notifier shall ensure that, where the height of the water column is the greatest in the lake

• (a) one measurement is taken at a depth of 0.5 m; and
• (b) one measurement is taken 1 m above sediments.

(3) When measuring the alkalinity in accordance with subsection (1), the notifier shall ensure that where the height of the water column is the greatest in the lake

• (a) one water sample is taken at a depth of 0.5 m; and
• (b) one water sample is taken 1 m above sediments.

6. When measuring the pH and alkalinity in accordance with sections 4 and 5 and the dissolved oxygen concentration and total phosphorus concentration in accordance with section 4, the notifier must ensure that

• (a) measurements are made and water samples are collected in accordance with sections 1 to 6 of the manual entitled Protocols manual for water quality sampling in Canada, published in 2011 by the Canadian Council of Ministers of the Environment under ISBN 978-1-896997-7-0;
• (b) each measurement is made in triplicate;
• (c) the pH and alkalinity are measured following the methodology described in the Organisation for Economic Co-operation and Development Guidelines for the Testing of Chemicals, Test No. 122: Determination of pH, Acidity and Alkalinity, that is current at the time the determination is made, or an equivalent International Organization for Standardization standard methodology;
• (d) the dissolved oxygen concentration is measured following the methodology described in the State of Washington Department of Health procedure entitled Standard Operating Procedures for Measuring Dissolved Oxygen, that is current at the time the determination is made, or an equivalent International Organization for Standardization standard methodology;
• (e) the total phosphorus concentration is measured following the methodology for total phosphorus described in the United States Environmental Protection Agency method entitled Method 365.3: Phosphorous, All Forms (Colorimetric, Ascorbic Acid, Two Reagent), that is current at the time the determination is made, or an equivalent International Organization for Standardization standard methodology.

7. When measuring the alkalinity and total phosphorus concentration in accordance with sections 4 and 5, the notifier must ensure that the measurement is made by a laboratory located in Canada and accredited to the International Organization for Standardization standard entitled ISO/IEC 17025:2017 General requirements for the competence of testing and calibration laboratories standard, as soon as possible after a water sample is taken.

8. (1) The notifier shall ensure that, at least 30 days before the substance is discharged in a lake

• (a) a copy of the present ministerial conditions and the following information are communicated in writing to the most senior public servant of the municipality where the lake is located and the Deputy Minister of the provincial or territorial government department responsible for drinking water:
  • (i) when discharged in a lake, the substance can release varied amounts of dissolved lanthanum depending on a number of physico-chemical factors,
  • (ii) based on toxicological information on a surrogate substance, there is suspicion that dissolved lanthanum originating from the substance discharged in a lake may have the potential to cause developmental neurotoxicity effects in humans through exposure in recreational waters, e.g. incidental water ingestion via swimming,
  • (iii) when the substance is discharged in a lake, direct consumption of the lake water must be avoided;
  • (iv) based on the substance certification to the National Sanitation Foundation - American National Standards Institute (NSF-ANSI) Standard 60, the single product allowable concentration of dissolved lanthanum in drinking water is 0.008 micrograms per litre,
  • (v) there is suspicion that, once the substance is discharged in the lake, further chemical or physical remediation techniques have the potential to increase the concentration of dissolved lanthanum in the lake,
  • (vi) it is recommended that, prior to physical remediation of a lake any time after a discharge of the substance in this lake, owners or residents of a property adjacent to the lake be informed of the risks of the physical remediation,
  • (vii) it is recommended that, following physical remediation of a lake any time after a discharge of the substance in this lake, dissolved lanthanum be monitored;
• (b) the following information is communicated in writing to every owner or resident of a lakefront property on the lake where the substance is discharged:
  • (i) the date or dates of discharge,
  • (ii) the fact that after discharge and until the notice referred to in subsection (2) is communicated, swimming in the lake or the conduct of any activity in or on the lake may pose a risk to human health and must be avoided,
  • (iii) the fact that after discharge and until the notice referred to in subsection (2) is communicated, consuming fish caught in the lake may pose a risk to human health and must be avoided, and
  • (iv) the fact that, any time after discharge, using the lake as a source of drinking water for direct consumption may pose a risk to human health and must be avoided;
• (c) signs are installed at every location where the public has access to the lake, including on any beach or wharf, containing the information referred to in subparagraphs (b)(i) to (iv).

(2) The signs referred to in paragraph (1)(c) may be removed and the owners or residents of a property adjacent to the lake may be notified that activities in or on the lake may resume only if the concentration of dissolved lanthanum in the lake is measured in accordance with section 9 at a concentration of 13 micrograms per litre or less in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(a) and in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(b).

(3) When signs are removed in accordance with subsection (2) and the concentration of dissolved lanthanum in the lake is later measured in accordance with section 9 at a concentration greater than 13 micrograms per litre, the notifier shall ensure that

• (a) the information referred to in subparagraphs (1)(b)(ii) to (iv) is communicated to every owner or resident of a property adjacent to the lake with explanations including the date on which the concentration of lanthanum in the lake was measured at a concentration greater than 13 micrograms per litre; and
• (b) the signs are reinstalled in accordance with paragraph (1)(c).

(4) The signs referred to in paragraph (3)(b) may be removed and the owners or residents of a lakefront property on the lake referred to in paragraph 3(a) may be notified that activities in or on the lake may resume only if the concentration of dissolved lanthanum in the lake is measured in accordance with section 9 at a concentration of 13 micrograms per litre or less in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(a) and in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(b).

9. (1) The notifier shall ensure that, following a discharge, the concentration of dissolved lanthanum in the lake where the substance is discharged is measured according to the following frequency:

• (a) during the period of 30 days that follows the discharge, at least once for every period of 7 days;
• (b) during the period beginning on the 31st day that follows the discharge and ending on the 90th day that follows the discharge, at least once for every period of 14 days;
• (c) during the period beginning on the 91st day that follows the discharge and ending on the 365th day that follows the discharge, at least once for every period of 30 days;
• (d) at least once during the month of April and once during the month of October until the day referred to in paragraph (e);
• (e) for the purpose of paragraph (d) and subsection 5(1), the day is the latest of
  • (i) the last day of a period of three years after the day on which the substance is last discharged in the lake, and
  • (ii) the day on which the concentration of dissolved lanthanum is measured at 8 micrograms per litre or less in at least two consecutive water samples taken at the location referred to in paragraph 9(2)(a), one during the month of April and one during the month of October, and in at least two consecutive water samples taken at the location referred to in paragraph 9(2)(b), one during the month of April and one during the month of October;

(f) despite paragraphs (a) to (c), during the months of December to March inclusively, the notifier is not required to ensure that the concentration of dissolved lanthanum is measured in the lake when the ice through which a water sample would be collected does not have the required thickness to support the weight of one person as listed on page 5-17 of the manual entitled Northern waters: a guide to designing and conducting water quality monitoring in northern Canada, published in March 2005 by the Northern Ecological Monitoring and Assessment Network.

(2) The notifier shall ensure that, when measuring the concentration of dissolved lanthanum in accordance with subsection (1), water samples are taken as follows:

• (a) within a distance of 100 m from the largest lake outlet, 1 water sample is taken at a depth of 0.5 m; and
• (b) where the height of the water column is the greatest, one water sample is taken 1 m above sediments.

(3) When measuring the concentration of dissolved lanthanum in accordance with subsection (1), the notifier must ensure that

• (a) water samples are collected in accordance with sections 1 to 6 of the manual entitled Protocols manual for water quality sampling in Canada, published in 2011 by the Canadian Council of Ministers of the Environment under ISBN 978-1-896997-7-0;
• (b) immediately after they are collected, the water samples are filtered with a filter of 0.2 micrometres;
• (c) each water sample is stored in a clean plastic container that is filled to maximum capacity and has a tightly closed screw-top lid; and
• (d) the concentration is measured in triplicate for each water sample.

10. When measuring the concentration of dissolved lanthanum in accordance with section 9, the notifier must ensure that the measurement is made by a laboratory located in Canada and accredited to the International Organization for Standardization standard entitled ISO/IEC 17025:2017 General requirements for the competence of testing and calibration laboratories standard using inductively coupled plasma-mass spectrometry, as soon as possible after the water sample is taken.

Submission requirements

11. The notifier shall communicate to the Minister of the Environment the following information within 30 days after the day on which the substance is discharged in accordance with section 3:

• (a) the name of the lake where the substance is discharged;
• (b) the date or dates on which the substance is discharged;
• (c) the total quantity of substance discharged, expressed in kilograms with an accuracy of 1 kilogram;
• (d) a description of the method of discharge (surface discharge, deep injection specifying the depth of injection, or other), and physical state of the substance when discharged (powder, slurry, or other);
• (e) the weather forecast for the location of the lake where the substance is discharged for the period of 12 hours following a discharge;
• (f) the volume of water in the lake, on the date of discharge, expressed in cubic metres, and the calculation or source reference used to determine this volume;
• (g) the pH measured in accordance with section 4, including raw data and expressed with a minimum accuracy of ± 0.1 unit;
• (h) the alkalinity measured in accordance with section 4, including raw data and expressed in milligrams of CaCO₃ per litre of water with an accuracy of 0.1 milligrams per litre;
• (i) the dissolved oxygen concentration measured in accordance with section 4, including raw data and expressed in milligrams per litre with an accuracy of 0.1 milligrams per litre;
• (j) the total phosphorus concentration measured in accordance with section 4, including raw data and expressed in milligrams per litre with an accuracy of 0.1 milligrams per litre;
• (k) the date and time at which a water sample is taken for alkalinity or total phosphorus concentration;
• (l) the date and time at which the pH, alkalinity, dissolved oxygen concentration or total phosphorus concentration is measured;
• (m) the latitude and longitude where the pH or dissolved oxygen concentration is measured, expressed in decimal degrees to five decimal places;
• (n) the latitude and longitude where a water sample is taken for alkalinity or total phosphorus concentration, expressed in decimal degrees to five decimal places;
• (o) the identity of the person who measures the pH and dissolved oxygen concentration in accordance with section 4;
• (p) the identity of the person who takes a water sample in accordance with section 4;
• (q) the identity and accreditation of the laboratory that determines the alkalinity or total phosphorus concentration;
• (r) a description of the analytical method used to measure the pH, alkalinity, dissolved oxygen concentration and total phosphorus concentration including the following:
  • (i) the name of the company that manufactured the instrument and the model name of the instrument,
  • (ii) the date equipment was calibrated and method of calibrating the equipment,
  • (iii) the detection limit, and
  • (iv) the limit of quantification;
• (s) all information communicated to the most senior public servant of the municipality and the Deputy Minister of the provincial or territorial government department responsible for drinking water in accordance with paragraph 8(1)(a); and
• (t) all information, including the information on warning signs referred to in paragraph 8(1)(c), communicated to owners or residents of a property adjacent to the lake or to the public in relation to the discharge of the substance.

12. The notifier shall communicate to the Minister of the Environment the following information within 60 days after the day on which the pH is measured or a water sample is taken to measure the alkalinity of a lake in accordance with section 5:

• (a) the name of the lake where the substance is discharged;
• (b) the date or dates on which the substance is discharged;
• (c) the pH measured in accordance with section 5, including raw data and expressed with a minimum accuracy of ± 0.1 unit;
• (d) the alkalinity measured in accordance with section 5, including raw data and expressed in milligrams of CaCO₃ per litre of water with an accuracy of 0.1 milligrams per litre;
• (e) the date and time at which a water sample is taken for alkalinity;
• (f) the date and time at which the pH and alkalinity is measured;
• (g) the latitude and longitude where the pH is measured, expressed in decimal degrees to five decimal places;
• (h) the latitude and longitude where a water sample is taken for alkalinity, expressed in decimal degrees to five decimal places;
• (i) the depth at which the pH is measured;
• (j) the depth at which the water sample is taken;
• (k) the identity of the person who measures the pH in accordance with section 5;
• (l) the identity of the person who takes a water sample in accordance with section 5;
• (m) the identity and accreditation of the laboratory that determines the alkalinity;
• (n) a description of the analytical method used to measure the pH and alkalinity including the following:
  • (i) the name of the person that manufactured the instrument and the model name of the instrument,
  • (ii) the date equipment was calibrated and method of calibrating the equipment,
  • (iii) the detection limit, and
  • (iv) the limit of quantification.

13. The notifier shall communicate to the Minister of the Environment the following information within 60 days after the day on which a water sample is taken to measure the concentration of dissolved lanthanum in accordance with section 9:

• (a) the name of the lake where the substance is discharged;
• (b) the date on which the substance is discharged;
• (c) a statement as to whether or not there has been precipitation on the lake during the period of 12 hours that preceded the sample collection;
• (d) the date on which the water sample is taken;
• (e) the date on which the water sample is filtered;
• (f) the date on which the water sample is analyzed using inductively coupled plasma-mass spectrometry;
• (g) the latitude and longitude where the water sample is taken, expressed in decimal degrees to five decimal places;
• (h) the depth at which the sample is taken;
• (i) the identity of the person who takes and filters a water sample in accordance with section 9;
• (j) the concentration of dissolved lanthanum in the sample, including raw data measured in triplicate for each sample;
• (k) the identity and accreditation of the laboratory that determined the concentration of dissolved lanthanum in the sample; and
• (l) a description of the analytical method used to measure the concentration, including the following:
  • (i) sample preparation method,
  • (ii) the name of the person that manufactured the instrument and the model name of the instrument,
  • (iii) the date the instrument was calibrated and calibration method used,
  • (iv) detection limit for lanthanum of the instrument, and
  • (v) limit of quantification for lanthanum for the instrument.

Other requirements

14. (1) The notifier shall, prior to transferring the physical possession or control of the substance to any person

• (a) inform the person to whom they transfer the physical possession or control of the substance, in writing, of the terms of the present ministerial conditions; and
• (b) obtain a written confirmation from the person that
  • (i) they were informed of the terms of the present ministerial conditions,
  • (ii) they will comply with sections 3 to 10 of the present ministerial conditions, and
  • (iii) they will communicate the information referred to in sections 11 to 13 to the notifier within the delays referred to in these sections.

(2) The notifier shall communicate the information referred to in subparagraph (1)b)(iii) to the Minister of the Environment within 30 days after the day on which it is received from the person.

Record-keeping requirements

15. (1) The notifier shall ensure that the following electronic or paper records are maintained, with any documentation supporting the validity of the information contained in these records, indicating

• (a) all information, including the notice referred to in subsection 8(2), communicated to owners or residents of a property adjacent to the lake or to the public in relation to the discharge of the substance;
• (b) the information referred to in sections 11 to 13;
• (c) the name and address of each person to whom the notifier transfers the physical possession or control of the substance for use in a lake; and
• (d) the written confirmation referred to in paragraph 14(b).

(2) The notifier shall maintain the electronic or paper records referred to in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Coming into force

16. The present ministerial conditions come into force on May 28, 2020.

DEPARTMENT OF FINANCE

PENSION BENEFITS STANDARDS ACT, 1985

Effective date for the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans

Notice is hereby given, pursuant to paragraph 6.1(4)(a) of the Pension Benefits Standards Act, 1985, that the effective date for the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans is July 1, 2020.

William Francis Morneau
Minister of Finance

DEPARTMENT OF FINANCE

PENSION BENEFITS STANDARDS ACT, 1985

2020 Agreement Respecting Multi-Jurisdictional Pension Plans

The signatories of this Agreement are as follows:

• The governments of
• ALBERTA, herein acting and represented by the President of Treasury Board and Minister of Finance;
• BRITISH COLUMBIA, herein acting and represented by the Minister of Finance;
• NEW BRUNSWICK, herein acting and represented by the Minister of Finance and Treasury Board;
• NOVA SCOTIA, herein acting and represented by the Minister of Finance and Treasury Board;
• ONTARIO, herein acting and represented by the Minister of Finance;
• QUEBEC, herein acting and represented by the Minister of Finance and the Minister responsible for Canadian Relations and the Canadian Francophonie;
• SASKATCHEWAN, herein acting and represented by the Minister of Justice and Attorney General; and
• CANADA, herein acting and represented by the Minister of Finance.

RECITALS

I. Each signatory to this Agreement represents a legislative jurisdiction in Canada and is authorized by the laws of the signatory’s jurisdiction to sign this Agreement.

II. A pension plan may be subject to the pension legislation of more than one jurisdiction and may be subject to the supervision of more than one jurisdiction’s pension supervisory authority, by reason of the nature or place of the plan members’ residence or employment or the nature of the business, work or undertaking of the members’ employer.

III. Pension plans that are subject to the pension legislation of more than one jurisdiction play a significant role in providing retirement income to many Canadians. To establish an efficient and transparent regulatory environment for such plans, the parties to this Agreement deem it desirable to specify the rules that apply to such plans and allow, to the extent provided for in this Agreement, a single pension supervisory authority to exercise with respect to any such pension plan all of the supervisory and regulatory powers to which such plan is subject.

IV. The laws of the jurisdictions whose governments are party to this Agreement allow for the incorporation of rules for pension plans enacted by Canadian legislative jurisdictions or as otherwise set out in this Agreement, as well as the reciprocal application of legislative provisions and administrative powers by the pension supervisory authorities concerned.

V. Therefore, the parties to this Agreement agree as follows:

PART I
GENERAL PROVISIONS

SECTION 1.
DEFINITIONS & SCHEDULES

Definitions

1. (1) For the purposes of this Agreement, unless the context indicates a different meaning:

• “active member” means, in relation to a pension plan, a person who:
  • (a) is accruing benefits under the plan; or
  • (b) is no longer accruing benefits under the plan, but who is deemed by the terms of the plan or the pension legislation that would apply to the person if this Agreement did not exist to have the same status as an active member of the plan as a person determined under clause (a); (“participant actif”)
• “pension legislation” means, in relation to a jurisdiction, the legislation identified in Schedule A in respect of that jurisdiction and any subordinate legislation made under that legislation, all as amended or substituted from time to time; (“loi sur les régimes de retraite”)
• “pension plan” means, in respect of a jurisdiction, any plan that is subject to the jurisdiction’s pension legislation; and (“régime de retraite”)
• “pension supervisory authority” means the government ministry, department, office, unit or agency of a jurisdiction that has supervisory or regulatory powers with respect to pension plans under the pension legislation of the jurisdiction. (“organisme de surveillance”)

Schedules

(2) The following attached Schedules form part of this Agreement:

• (a) Schedule A – Pension Legislation; and
• (b) Schedule B – Matters Covered by Incorporated Legislative Provisions.

SECTION 2.
APPLICATION

General application

2. (1) Subject to subsection (2) and section 26, this Agreement applies to any pension plan that would, if this Agreement and any other agreement respecting the supervision of pension plans did not exist, be subject to registration with a pension supervisory authority under the pension legislation of more than one jurisdiction that is subject to this Agreement.

Restriction

(2) This Agreement does not apply to a pension plan if the pension supervisory authority that would be designated as the major authority for the plan under this Agreement is not subject to this Agreement.

Plan provision not effective

(3) This Agreement applies in respect of a pension plan despite any conflicting provision in any document that creates or supports the pension plan.

PART II
MAJOR AUTHORITY

SECTION 3.
DETERMINATION OF THE MAJOR AUTHORITY

One major authority

3. (1) One pension supervisory authority having jurisdiction over a pension plan shall be the major authority for the plan.

Plurality of active members

(2) Except as provided in sections 5 and 26, the major authority for a pension plan shall be the pension supervisory authority of the jurisdiction with the plurality of active members of the plan, as determined in accordance with subsection (3) and considering only those jurisdictions whose pension legislation would, if this Agreement and any other agreement respecting the supervision of pension plans did not exist, require the plan to be registered with the pension supervisory authority of that jurisdiction.

Determination of plurality

(3) The jurisdiction that, among those referred to in subsection (2), has the plurality of active members of a pension plan shall be determined using the most recent periodic information return that has been filed with a pension supervisory authority in relation to the plan’s fiscal year end, or if an application to register a new pension plan is received by a pension supervisory authority, determined using the information set out in the application, and on the following basis:

• (a) in respect of a provincial jurisdiction, the number of active members of the plan who are employed in that provincial jurisdiction and who would be subject to that jurisdiction’s pension legislation if this Agreement and any other agreement respecting the supervision of pension plans did not exist; and
• (b) in respect of the federal jurisdiction, the number of active members of the plan who are employed in “included employment” within the meaning of that jurisdiction’s pension legislation, where the plan is subject to that jurisdiction’s pension legislation.

Equal number of active members

(4) Where the major authority for a pension plan cannot be determined by applying subsections (2) and (3) because two or more jurisdictions have authority over an equal number of active members of the plan, the major authority for the plan shall be, of those jurisdictions, the authority whose main office is in closest proximity to the main office of the administrator of the plan. For the purposes of this subsection:

• (a) the main office of a pension supervisory authority is the office from which the authority conducts most of its supervisory activities; and
• (b) the main office of the pension plan administrator is the office from which the plan administrator described in the text of the pension plan conducts most of the plan’s administration.

Status as major authority

(5) A pension supervisory authority that becomes the major authority for a pension plan in accordance with this Agreement shall remain the major authority for the plan until the authority loses its status as major authority in accordance with this Agreement.

Minor authorities

(6) Once a pension supervisory authority becomes the major authority for a pension plan, any other pension supervisory authority to which this Agreement extends and that has supervisory or regulatory powers with respect to the plan becomes a minor authority for the plan.

New pension plan registration

(7) Where a pension supervisory authority receives an application to register a pension plan, that authority shall determine whether it is the major authority for the plan within the meaning of this Agreement, and if necessary and as soon as possible thereafter, that authority shall notify the plan administrator as to the relevant authority with which the plan should or may be registered and shall notify the relevant authority about the plan to be registered.

SECTION 4.
ROLE OF THE MAJOR AUTHORITY

Interpretation

4. (1) For the purposes of this section:

• (a) a decision includes an order, direction, approval or, if specific recourse is provided, a proposal to make such a decision; and
• (b) recourse includes the right to request a hearing, review, reconsideration or appeal.

Role of major authority

(2) The major authority for a pension plan shall:

• (a) supervise and regulate the plan in accordance with this Agreement, and on behalf of each of the minor authorities for the plan as required by this Agreement;
• (b) subject to subsection (3) and section 9, exercise, with respect to the plan and as required by this Agreement, the functions and powers necessary to carry out this Agreement conferred on the minor authority by the pension legislation of the minor authority’s jurisdiction;
• (c) apply and enforce any rules specified in this Agreement that are not part of the pension legislation of a jurisdiction; and
• (d) determine any matter or question related to the application of this Agreement to the plan in accordance with this Agreement and the procedural provisions of the pension legislation of the major authority’s jurisdiction.

Exceptions

(3) Despite clause (b) of subsection (2):

• (a) where the major authority for a pension plan and a minor authority for the plan agree that a particular function or power conferred by the pension legislation of the minor authority’s jurisdiction shall be exercised in respect of the plan by the minor authority, only such minor authority may exercise such function or power in respect of the plan;
• (b) where the major authority for a pension plan and a minor authority for the plan agree that a particular decision concerning the application of provisions of the pension legislation of the minor authority’s jurisdiction shall be made in respect of the plan by the minor authority, only such minor authority may make such decision in respect of the plan; and
• (c) where pension legislation confers on a pension supervisory authority the power to order or otherwise require the splitting of the assets and liabilities of a pension plan, only such authority may make a decision concerning the exercise of that power with respect to the liabilities of a plan that are subject to such pension legislation and the assets of the plan related to the funding of those liabilities.

Decisions and recourse

(4) Any decision that may be made by the major authority for a pension plan that applies the provisions of the pension legislation of a minor authority’s jurisdiction as described in clause (b) of subsection (1) of section 6 is subject to the following rules:

• (a) the decision shall be made under the procedural provisions of the pension legislation of the major authority’s jurisdiction that would have applied if the matter had arisen under that legislation;
• (b) the decision shall be deemed to have been made by the minor authority under the procedural provisions of the pension legislation of the minor authority’s jurisdiction that would have applied if the minor authority had made the decision;
• (c) when the decision is issued by the major authority, it shall include notice to any person receiving the decision as to:
  • (i) the provisions of the pension legislation of the minor authority’s jurisdiction that were applied in formulating the decision that is made;
  • (ii) the recourse provided, if any, from the decision under the pension legislation of the minor authority’s jurisdiction, including the body before whom such recourse may be exercised;
  • (iii) the time limit under the pension legislation of the minor authority’s jurisdiction for exercising such recourse; and
  • (iv) where the pension legislation of the minor authority’s jurisdiction does not provide for recourse from the decision, any recourse from the decision provided under any other legislation of that jurisdiction, including the body before whom such recourse may be exercised and the time limit for exercising such recourse; and
• (d) the right to recourse from the decision shall be determined under the pension legislation or other legislation of the minor authority’s jurisdiction as though the decision had been made under the procedural provisions of that legislation.

Continued role of major authority

(5) Exercise of a recourse from a decision referred to in this section does not have the effect of preventing or releasing the major authority from continuing to fulfill its responsibilities with respect to the pension plan as set out in subsection (2).

Enforcement of decisions

(6) The major authority shall enforce any decision referred to in this section once that decision is no longer open to any further recourse, as well as any decision resulting from such recourse that is no longer open to any further recourse.

Communication with major authority

(7) A person shall be entitled to communicate with the major authority for a pension plan in the same manner that the person would be entitled to communicate with a pension supervisory authority under the legislation that would apply to the person if this Agreement did not exist.

Representative

(8) Where a person having any rights or benefits under a pension plan has designated another person or an association that represents people with rights or benefits under the plan to act on his or her behalf with respect to the major authority for the plan, such authority shall, to the extent permitted by law, communicate with that other person or association and, upon request, provide that other person or association with the information and documents to which the person is entitled.

SECTION 5.
LOSS OF MAJOR AUTHORITY STATUS

Loss of major authority status

5. (1) The major authority for a pension plan shall lose its status in that regard on the date described in subsection (2) where, according to the most recent periodic information return that has been filed with the major authority in relation to the plan’s fiscal year end, the number of active members of the plan employed in relation to the major authority’s jurisdiction, as determined under subsection (3) of section 3 as of the plan’s fiscal year end, is:

• (a) for the third consecutive fiscal year, less than the number of active members who were employed in relation to any other jurisdiction or jurisdictions;
• (b) less than 75% of the number of active members who were employed in relation to any other jurisdiction; or
• (c) equal to zero and there are active members of the plan employed in relation to any other jurisdiction.

Date of loss of major authority status

(2) The major authority for a pension plan loses its status in that regard:

• (a) in the case provided for in clause (a) or (b) of subsection (1), five days prior to the end of the first plan fiscal year that begins after the date on which the major authority received the information referred to in the relevant clause; and
• (b) in the case provided for in clause (c) of subsection (1), upon the later of the fifth day before the end of the current plan fiscal year during which the major authority received the information referred to in that clause or of the expiry of the period of six months beginning on the date the major authority received the information.

New major authority

(3) When the major authority for a pension plan loses its status in that regard in accordance with subsection (2), the pension supervisory authority for the jurisdiction having, as determined in accordance with subsection (1), the plurality of active members of the plan becomes the plan’s new major authority if that new major authority is subject to this Agreement.

Cancellation of change of major authority

(3.1) Despite subsections (1), (2) and (3), the major authority for a pension plan shall not lose its status in that regard under this section if, before the applicable date described in subsection (2), a periodic information return is filed with the major authority in relation to the fiscal year end of the plan immediately preceding the applicable date described in subsection (2), and that periodic information return indicates that the major authority’s jurisdiction is the jurisdiction with the plurality of active members of the plan, as determined in accordance with subsection (3) of section 3.

Equal number of active members

(4) Where the new major authority for a pension plan cannot be determined in accordance with subsection (3) because two or more jurisdictions have authority over an equal number of active members of the plan, the major authority for the plan shall be, of those jurisdictions, the authority whose main office is in closest proximity to the main office of the administrator of the plan. For the purposes of this subsection:

• (a) the main office of a pension supervisory authority is the office from which the authority conducts most of its supervisory activities; and
• (b) the main office of the pension plan administrator is the office from which the plan administrator described in the text of the pension plan conducts most of the plan’s administration.

Transitional rules

(5) Where the major authority for a pension plan loses its status in that regard in accordance with this section:

• (a) all matters related to the plan that are pending before the major authority on the day preceding its loss of status as major authority shall be continued before that authority;
• (b) all matters related to the plan that concern a decision, order, direction or approval proposed or made by the major authority and pending before any administrative body or court on the day preceding the loss of the major authority’s status as major authority shall be continued before such body or court;
• (c) for every matter in respect of which the major authority referred to in clause (a) or the administrative body or court referred to in clause (b) has proposed or made a decision, order, direction or approval to which the pension legislation or other legislation applying on the day preceding the replacement of the major authority provides a right of recourse:
  • (i) such right shall be maintained so long as the period provided for exercising that right has not expired; and
  • (ii) such recourse may be brought before the administrative body or court provided for by the legislation giving entitlement thereto;
• (d) for any matter related to the plan not described in clauses (a) to (c) that occurred while the major authority was the major authority for the plan and that related to the provisions of the pension legislation of the major authority’s jurisdiction in respect of a matter referred to in Schedule B:
  • (i) the major authority may, even after it loses its status in that regard for the plan, conduct an examination, investigation or inquiry into the matter in accordance with the pension legislation of the major authority’s jurisdiction to determine whether compliance with that legislation was met, and in such case, the matter shall remain subject to that major authority; and
  • (ii) where the matter constitutes an offence or is subject to an administrative penalty under the pension legislation of the major authority’s jurisdiction, the offence or administrative penalty may be prosecuted or imposed by the competent authority in that jurisdiction, and in such case, the matter shall remain subject to that major authority; and
• (e) all matters referred to in clauses (a) to (d) shall remain subject to the pension legislation or other legislation that, under this Agreement, applied to such matters on the day preceding the loss of the major authority’s status as major authority.

Notice by major authority

(6) Where the major authority for a pension plan receives from the administrator of the plan the information described in clauses (a), (b) or (c) of subsection (1), it shall:

• (a) as soon as possible after receipt of the information, notify the pension plan administrator and each minor authority for the plan of the following:
  • (i) the date on which, pursuant to subsection (2), the major authority will lose its status as major authority for the plan;
  • (ii) if applicable, the pension supervisory authority that shall become the new major authority for the plan; and
  • (iii) that despite the information provided in accordance with subclauses (i) and (ii), the major authority shall not lose its status in that regard if, before the applicable date described in subclause (i), a periodic information return is filed with the major authority in relation to the fiscal year end of the plan immediately preceding the applicable date described in subclause (i), and that periodic information return indicates that the major authority’s jurisdiction is the jurisdiction with the plurality of active members of the plan; and
• (b) as soon as possible after the plan’s new major authority assumes its functions, provide to such new major authority all relevant records, documents or other information that it has concerning the plan.

Subsequent notice by major authority

(6.1) Where the major authority for a pension plan receives from the administrator of the plan a periodic information return described in subsection (3.1), the major authority shall, as soon as possible after receipt of the periodic information return, notify the pension plan administrator and each minor authority for the plan that such periodic information return has been filed with the major authority, and that as a result, the major authority shall not lose its status in that regard on the date described in the notice provided under clause (a) of subsection (6).

Notice by new major authority

(7) The pension supervisory authority that replaces another authority as major authority for a pension plan shall, as soon as possible after assuming its functions, inform the pension plan administrator and each of the plan’s minor authorities of the date on which it assumed the functions of major authority.

Notice by plan administrator

(8) The administrator of a pension plan that receives from the plan’s major authority notice of the information provided for in clause (a) of subsection (6), in subsection (6.1) or in subsection (7) shall:

• (a) in respect of the information provided for in clause (a) of subsection (6) and subsection (6.1), transmit such information to each employer that is party to the plan and any collective bargaining agent that represents any person who has rights or benefits under the plan within 90 days after such notice; and
• (b) in respect of the information provided for in subsection (7), transmit such information to each employer that is party to the plan and any person who has rights or benefits under the plan who is entitled to receive an annual or other periodic statement of the person’s benefits, no later than the expiry of the period for providing such persons with their next annual or other periodic statements of benefits.

PART III
APPLICABLE LAW

SECTION 6.
APPLICABLE LEGISLATION

Applicable pension legislation

6. (1) While a pension supervisory authority is the major authority for a pension plan in accordance with this Agreement:

• (a) the provisions of the pension legislation of the major authority’s jurisdiction in respect of matters referred to in Schedule B apply to the plan instead of those of the corresponding provisions of the pension legislation of any minor authority’s jurisdiction that would apply to the plan if this Agreement did not exist; and
• (b) subject to the provisions of this Agreement, the provisions of the pension legislation of each jurisdiction that are applicable to the plan under the terms of such legislation apply to the plan in respect of matters not referred to in Schedule B.

Funding rule transition on change of major authority

(2) Despite clause (a) of subsection (1) and subject to subsection (4), when a pension supervisory authority becomes the major authority for a pension plan in accordance with this Agreement, if the funding of any benefit provided under the plan has been based on actuarial valuation reports filed in respect of the plan with a pension supervisory authority, the funding of those benefits shall continue to be subject to the pension legislation that applied immediately before the major authority assumed its functions in respect of the plan until such time as a new actuarial valuation report is due to be filed in respect of the plan with the major authority in accordance with the pension legislation of the major authority’s jurisdiction.

Definitions

(3) For the purposes of subsection (4):

• “alternative funding arrangement” means a fund or financial instrument that is described in the pension legislation of a jurisdiction and is permitted under that legislation to supplement, support or otherwise satisfy the funding requirements for a pension plan under that legislation, where in the absence of such fund or financial instrument additional contributions would be required to be made to the pension fund of the plan in order to satisfy the funding requirements for the plan under that legislation; (“instrument financier”)
• “new major authority” means a pension supervisory authority that becomes the major authority for a pension plan in accordance with this Agreement; and
• “prior authority” means a pension supervisory authority with which a pension plan is registered immediately before a pension supervisory authority becomes the major authority for the plan in accordance with this Agreement.

Alternative funding arrangement exceptions

(4) Despite clause (a) of subsection (1), when a pension supervisory authority becomes the new major authority for a pension plan, if the pension legislation of the prior authority’s jurisdiction permitted the use of an alternate funding arrangement, but the pension legislation of the new major authority’s jurisdiction does not permit the use of that alternate funding arrangement, then:

• (a) if, no later than thirtyfive days before the new major authority becomes the major authority for the plan, the administrator of the plan provides notice to both the new major authority and the prior authority that it intends to file an actuarial valuation report with the new major authority with a valuation date that coincides with the fiscal year end of the plan that immediately follows the new major authority becoming the major authority for the plan, then the following rules shall apply with respect to the funding of the plan:
  • (i) the alternative funding arrangement may continue to be used until thirty days after the valuation report is due to be filed with the new major authority;
  • (ii) no later than thirty days after the valuation report is due to be filed with the new major authority, an amount equal to the lesser of the value of the alternative funding arrangement or the amount required to make the plan fully funded on a solvency basis shall be deposited into the pension fund of the plan by an employer that is party to the plan; and
  • (iii) if the amount described in subclause (ii) has not been deposited by an employer into the pension fund of the plan within the thirty day timeframe described in that subclause, an amount equal to the full value of the alternative funding arrangement shall be immediately deposited into the pension fund of the plan by an employer that is party to the plan; and
• (b) if the administrator of the plan does not provide the notice described in clause (a), then the following rules shall apply with respect to the funding of the plan:
  • (i) no later than thirty days before the new major authority becomes the major authority for the plan, an amount equal to the lesser of the value of the alternative funding arrangement or the amount required to make the plan fully funded on a solvency basis shall be deposited into the pension fund of the plan by an employer that is party to the plan; and
  • (ii) until the time a new actuarial valuation report described in subsection (2) is filed with the new major authority respecting the plan, an amount equal to the lesser of the value of any subsequent alternative funding arrangement that would have been required to have been obtained in relation to the plan under the pension legislation of the prior authority’s jurisdiction, or the amount that would be required to make the plan fully funded on a solvency basis, shall be deposited into the pension fund of the plan by an employer that is party to the plan instead of obtaining the subsequent alternative funding arrangement, at or before the time the alternative funding arrangement would have been required to have been obtained in relation to the plan under the pension legislation of the prior authority’s jurisdiction and in accordance with the last actuarial valuation report that had been filed with the prior authority in respect of the plan.

Annuity discharge requirements

(5) The requirements of the pension legislation that governs a person’s benefits under a pension plan must be satisfied in order for the purchase of an annuity from an insurance company to constitute a final payment of those benefits and to discharge the liability to pay those benefits to the person under that pension legislation. For the purposes of subsection (6), any such requirements set out in a jurisdiction’s pension legislation shall be referred to as “annuity discharge requirements”.

Funding rule exceptions for annuity discharges

(6) Despite subsection (5), where in relation to a pension plan both the pension legislation of the major authority’s jurisdiction and the pension legislation of a minor authority’s jurisdiction set out annuity discharge requirements, the annuity discharge requirements of the pension legislation of the major authority’s jurisdiction shall apply to the plan instead of any corresponding annuity discharge requirements of the pension legislation of the minor authority’s jurisdiction in respect of the following matters:

• (a) requirements for contributions made to the pension fund (including the type or form of contributions, the manner in which they must be made and deadlines for making them);
• (b) minimum plan funding and solvency levels; and
• (c) actuarial valuation reports to be filed with the pension supervisory authority (including the form and content of such reports, filing deadlines and actuarial standards to be applied in preparing such reports).

SECTION 7.
DETERMINATION OF BENEFITS BY FINAL LOCATION

Deemed applicability of pension legislation

7. For the purposes of determining the benefits accrued by a person under a pension plan, the person’s entire benefit accrual shall be deemed to have been subject to the pension legislation that applied to the person:

• (a) at the time the person’s benefits were determined, if the person was still accruing benefits under the plan at that time; or
• (b) at the time the person ceased accruing benefits under the plan, if the person was no longer accruing benefits under the plan at the time the person’s benefits were determined.

SECTION 8.
PENSION PLAN INVESTMENTS

Deadline for compliance

8. Despite any other provision of this Agreement, any investment by a pension plan that is held on the date a pension supervisory authority becomes the major authority for the plan and that, although it complies with the pension legislation that applied to the plan on the day preceding that date, does not comply with the pension legislation that applies to the plan’s investments from that date, shall be brought into compliance with the latter legislation within five years from that date.

SECTION 9.
PENSION BENEFITS GUARANTEE FUND

Pension benefits guarantee fund

9. Subject to sections 10 to 17, this Agreement shall not affect the application or administration of the Pension Benefits Guarantee Fund set out under the pension legislation of Ontario or any similar fund established under any other pension legislation.

PART IV
PENSION PLAN ASSET ALLOCATION INTO JURISDICTIONAL PORTIONS

SECTION 10.
APPLICABLE SITUATIONS

Applicable situations

10. (1) Subject to subsections (2) to (4), the assets of a pension plan shall be allocated into portions in accordance with this Part when:

• (a) the plan is amended so that part of the liability of the plan to pay benefits or other amounts to persons so entitled under the plan is transferred to a different pension plan, and where, as part and in consideration of that transfer of liability, part of the assets of the plan are transferred to the different plan;
• (b) a pension supervisory authority orders or otherwise requires the splitting of the assets and liabilities of the plan, as described in clause (c) of subsection (3) of section 4;
• (c) the plan has more than one participating employer and an employer withdraws from the plan, and pension legislation requires that the rights and benefits accrued under the plan be divided into groups, one of which consists of the rights and benefits of persons affected by the withdrawal;
• (d) the plan is being wound up in part;
• (e) the plan is being fully wound up; or
• (f) a situation not described in clauses (a) to (e) occurs and assets of the plan related to a jurisdiction are to be paid to an employer that participates in the plan in accordance with the pension legislation of that jurisdiction, other than a payment to an employer related to plan expenses under clause (f) of paragraph 4 of section 1 of Schedule B or a refund of contributions to an employer under clause (e) of paragraph 6 of section 1 of Schedule B.

No allocation required – defined contribution pension plan

(2) Where a pension plan only provides benefits that are determined with reference to amounts credited to the individual accounts of persons under the plan, the assets of the plan need not be allocated into portions in accordance with this Part if the liability for benefits accrued under the plan equals the assets of the plan on the effective date of the relevant event described in subsection (1).

No allocation required – pension plan with insufficient assets on full wind up

(3) In a situation described in clause (e) of subsection (1), where a report filed with the major authority for a pension plan indicates that on the effective date of the wind up of the plan, the assets of the plan would be insufficient to pay all the benefits and other amounts payable on the wind up of the plan, the assets of the plan need not be allocated into portions in accordance with this Part:

• (a) if an amount equal to or greater than the amount by which the value of all the benefits and other amounts payable on the wind up of the plan exceeds the value of the assets of the plan, all as determined as of the effective date of the wind up of the plan, is contributed to the pension fund of the plan within 30 days after the report is filed with the major authority; and
• (b) if, after the contribution described in clause (a) is made, where the assets of the plan are still insufficient to pay all the benefits and other amounts payable on the wind up of the plan, a further amount is contributed to the pension fund of the plan promptly to enable payment of all the benefits and other amounts payable on the wind up of the plan.

Distribution of remaining assets

(4) Where the requirements of subsection (3) have been satisfied and all the benefits and other amounts payable on the wind up of the pension plan have been paid, any assets remaining in the plan shall be used in the following manner:

• (a) the remaining assets may be paid to any person that made a contribution described in clause (a) or (b) of subsection (3), up to the amount of the contribution originally made by that person; and
• (b) if assets remain in the plan after the payment described in clause (a), or if the person who made the contribution described in clause (a) or (b) of subsection (3) chooses not to receive such a payment, any remaining assets in the plan shall be paid to the persons who were owed payment of benefits and other amounts payable on the wind up of the plan, pro rata to the liability for their benefits and other amounts payable on the wind up of the plan.

SECTION 11.
ALLOCATION OF ASSETS

Allocation into portions

11. (1) For the purposes of this Part, the assets of a pension plan shall be allocated into portions as of the date of allocation, each portion being related to the liability for benefits and other amounts accrued under the plan that is subject to a jurisdiction’s pension legislation, as determined in accordance with this section.

Standard allocation methodology

(2) Subject to section 12, the portion of a pension plan’s assets that is subject to a jurisdiction’s pension legislation as of the date of allocation shall be equal to the sum of the amounts referred to in section 13 as of the date of allocation, determined with respect to the benefits and other amounts described in section 13 that are subject to that jurisdiction’s pension legislation and applying the requirements of sections 14 to 16.

Other allocation methodology

(3) The major authority for a pension plan may permit the assets of the plan to be allocated into the portions described in subsection (1) in a manner other than that required by subsection (2) or section 12 if:

• (a) the allocation of the plan’s assets is made in relation to any situation described in subsection (1) of section 10 other than the full wind up of the plan and a Fellow of the Canadian Institute of Actuaries certifies that the allocation of the assets of the plan will not differ materially from an allocation of those assets conducted in accordance with subsection (2); or
• (b) the allocation of the plan’s assets is made in relation to a situation described in clause (d) of subsection (1) of section 10, no pension legislation that applies to the plan assets to be allocated into the portions described in subsection (2) requires the distribution of any plan assets related to the wound up part of the plan that remain after all liabilities related to the wound up part of the plan have been settled and a Fellow of the Canadian Institute of Actuaries certifies that the liabilities of the plan related to the wound up part of the plan do not exceed the plan assets related to the wound up part of the plan on either a solvency basis or a going concern basis immediately before the partial wind up of the plan.

SECTION 12.
PLAN WITH MORE THAN ONE PARTICIPATING EMPLOYER

Plan with more than one participating employer

12. (1) This section applies to a pension plan that has more than one participating employer and, in accordance with the pension legislation of the major authority’s jurisdiction:

• (a) the following are determined and accounted for separately in respect of an employer that participates in the plan, as if a separate pension plan was established within the plan in respect of that employer:
  • (i) the assets and liabilities of the plan;
  • (ii) the contributions payable in relation to the plan;
  • (iii) the benefits and other amounts owing under the plan; and
  • (iv) the expenses payable in relation to the plan;
• (b) the liabilities of the plan related to the employer described in clause (a) are determined with reference to only the benefits and other amounts owing to a person in relation to that person’s employment with that employer; and
• (c) among the contributions payable in relation to the plan by the employer described in clause (a), those that are required to be paid under the applicable pension legislation in relation to benefits and other amounts currently accruing by active members of the plan are determined only with reference to active members employed by that employer.

Allocation of assets into employer shares

(2) For the purposes of an asset allocation under this Part involving a pension plan described in subsection (1), the assets of the plan that have been determined and accounted for separately in relation to an employer as of the date of allocation shall be allocated to that employer as an employer share if the plan characteristics described in clause (a) of subsection (1) respecting the employer:

• (a) have been determined and accounted for separately since the start of the employer’s participation in the plan; or
• (b) began to be determined and accounted for separately at a date subsequent to the start of the employer’s participation in the plan, and the initial determination and accounting of the assets of the plan respecting that employer was consistent with, and conducted on the basis of, an allocation of the assets of the plan in accordance with the requirements of this Part and in relation to a situation other than that described in clause (c), (d) or (e) of subsection (1) of section 10.

Allocation of employer shares into portions

(3) Any employer share allocated in accordance with subsection (2) shall be further allocated into portions in the manner provided for in section 11, and used in the manner provided for in section 17, as if the employer share consisted of the assets of a separate pension plan for that employer.

Allocation of remaining assets into portions

(4) For the purposes of an asset allocation under this Part involving a pension plan described in subsection (1), any assets of the plan not allocated to an employer share in accordance with subsection (2) shall be allocated into portions in the manner provided for in section 11, and used in the manner provided for in section 17, without considering the liabilities described in clause (b) of subsection (1) related to an employer for which an employer share has been allocated under this section.

SECTION 13.
DETERMINATION OF PORTIONS FOR ASSET ALLOCATION

Determination of portions

13. (1) The assets of a pension plan that are to be allocated into portions in accordance with subsection (2) of section 11 shall be allocated into portions as of the date of allocation in accordance with the levels of priority of allocation set out in this section.

Contributions and similar amounts

(2) First, allocate assets of the pension plan equal to the sum of the following contributions and amounts, to the extent that such contributions and amounts are still credited to the account of a person having benefits under the plan on the date of allocation:

• (a) any contributions paid into the pension fund of the plan and any amounts that the person had elected to transfer into the pension fund of the plan, other than contributions and amounts used to fund benefits that are not determined solely as a function of amounts credited to the account of the person; and
• (b) any interest attributable to contributions or amounts described in clause (a).

Core liabilities

(3) Second, allocate assets of the pension plan equal to the sum of the following liability amounts, subject to the requirements of subsections (5) and (5.1):

• (a) the value of benefits under the plan that are being paid on a regular basis to any person on the date of allocation, whether or not the benefit is payable for the lifetime of the person, and determined taking into account:
  • (i) any periodic increase in the benefits, based on any index, rate or formula provided for in the plan; and
  • (ii) any related benefits that are payable due to the death of the person;
• (b) the value of lifetime benefits accrued under the plan by any person who, on the date of allocation, is entitled to receive payment of the benefits on that date or a later date, but who is not in receipt of payment of the benefits as of the date of allocation, determined:
  • (i) using the earliest age at which all such persons are entitled to payment of unreduced lifetime benefits, without reference to any other requirements or conditions under the terms of the plan or any applicable pension legislation;
  • (ii) taking into account any periodic increase in the lifetime benefits, based on any index, rate or formula provided for in the plan; and
  • (iii) taking into account any related benefits that are payable due to the death of the person, whether such death occurs before or after the person starts receiving payment of lifetime benefits under the plan and determined at the age described in subclause (i);
• (b.1) the value of the additional benefit provided in accordance with section 60.1 of the pension legislation of Quebec in force on December 31, 2015, for any person who, on the date of allocation, is entitled to the additional benefit but who has not received payment of it, where the terms of the plan provide that such additional benefit continues to apply to the person;
• (c) the amount of any excess contributions made by a person required to make contributions under the plan, plus any interest attributable to those excess contributions, calculated in the following manner and subject to the following requirements:
  • (i) the amount of excess contributions made by a person is the amount of contributions made by the person that, under the pension legislation that governs the person’s benefits and when compared to value of benefits payable to the person under the plan,
    • (A) could not be used to pay all or part of the person’s benefits accrued under the plan (other than as indicated in subclause (B)); and
    • (B) would be refundable to the person or used to provide additional benefits to the person under the plan;
  • (ii) the contributions, interest, value of the benefits and amount of excess contributions shall be calculated as of the date of allocation and consistent with either the pension legislation that governs the benefits or the terms of the plan, whichever produces a larger amount of excess contributions; and
  • (iii) any such amount of excess contributions already determined in relation to a person before the date of allocation shall not be included, whether or not such previously determined amount of excess contributions has been refunded to the person or used to provide additional benefits to the person under the plan; and
• (d) any unpaid part of the value of the benefits payable under the plan to a person who had elected before the date of allocation to be paid the value of the person’s benefit entitlements under the plan, as well as any interest attributable to that unpaid part.

Other liabilities

(4) Third, allocate assets of the pension plan equal to the value of benefits accrued under the plan, other than those referred to in subsection (3), by any person who, on the date of allocation, is entitled to receive payment of the benefit on that date or a later date, but who is not in receipt of payment of the benefit as of the date of allocation, subject to the requirements of subsections (5) and (5.1).

Excluded benefits from certain levels of priority of allocation

(5) Unless the benefits are guaranteed by an insurance company, the benefit liabilities under subsections (3) and (4) shall not include the value of the following benefits:

• (a) plant closure benefits and permanent layoff benefits, other than those:
  • (i) that, on the date of allocation, are being paid on a regular basis; or
  • (ii) of any person who, prior to the date of allocation, is entitled to receive payment of those benefits on the date of allocation or a later date, but who is not in receipt of payment of those benefits as of the date of allocation; and
• (b) benefits that, in accordance with the pension legislation that would govern those benefits if this Agreement did not exist, would be required or permitted, for the purposes of an actuarial valuation report filed with the pension supervisory authority responsible for the administration of that pension legislation, to be excluded from:
  • (i) the plan’s reported going concern liabilities; and
  • (ii) where the plan’s solvency liabilities would be required to be used to determine the contribution requirements related to the plan, the plan’s reported solvency liabilities.

Deemed excluded benefits

(5.1) For the purposes of clause (b) of subsection (5), a benefit is deemed to be permitted to be excluded from the pension plan’s reported going concern liabilities if that benefit is payable only upon the full or partial wind up of the plan or upon the withdrawal of the employer as described in clause (c) of subsection (1) of section 10, unless the benefit relates to a partial wind up of the plan or the withdrawal of an employer with an effective date that precedes the date of the allocation.

Balance of assets

(6) Fourth, for the purposes of an asset allocation in any situation other than that described in clause (c), (d) or (e) of subsection (1) of section 10:

• (a) any assets of the pension plan remaining after the allocations made in accordance with subsections (2) to (4) shall be sequentially allocated to the portion or portions with the lowest going concern ratio, until the going concern ratio of that portion equals the going concern ratio of the portion with the next highest going concern ratio;
• (b) the sequential allocation of the plan’s assets described in clause (a) shall be made until all portions have the same going concern ratio or no assets remain to be allocated, whichever occurs first;
• (c) if, after applying the sequential allocation of assets described in clauses (a) and (b), the going concern ratio of each portion is lower than 1.0, any assets of the pension plan yet to be allocated shall be allocated to the portions so that the going concern ratios of all portions remain the same, until the going concern ratio of each portion reaches 1.0 or no assets remain to be allocated, whichever occurs first;
• (d) for the purposes of clauses (a), (b) and (c), the going concern ratio of a portion shall be calculated by using the assets of the pension plan allocated to the portion in accordance with this section and the going concern liabilities of the plan that are subject to the jurisdiction’s pension legislation applicable to that portion, other than assets and liabilities related to contributions and amounts described in subsection (2); and
• (e) any assets of the pension plan remaining after the allocations made in accordance with clauses (a), (b) and (c) shall be allocated pro rata to the total of the going concern liabilities determined for each portion.

Balance of assets for certain asset allocations

(7) Fourth, for the purposes of an asset allocation in a situation described in clause (c), (d) or (e) of subsection (1) of section 10:

• (a) allocate assets of the pension plan equal to the value of benefits accrued under the plan, other than those referred to in subsections (2), (3) or (4), to which persons are entitled under the plan as of the date of allocation; and
• (b) any assets of the pension plan remaining after the allocations made in accordance with subsections (2) to (4) and clause (a) shall be allocated pro rata to the total of the values determined for each portion in applying subsections (2) to (4).

SECTION 14.
RULES OF APPLICATION

Alternative funding arrangements

14. (1) For the purposes of this Part, the assets of a pension plan include any alternative funding arrangement described in section 6 that exists in relation to the plan at the time the assets of the plan are allocated into portions in accordance with this Part.

Determining value of benefits and assets

(2) For the purposes of sections 11 to 13, except subsection (6) of section 13, the value of the benefits and other amounts payable under a pension plan and the assets of the plan shall be determined as if the pension plan were wound up on the date of allocation.

SECTION 15.
REDUCTION METHOD

15. (Revoked)

SECTION 16.
INSUFFICIENCY OF ASSETS

Insufficiency of assets

16. If, at one of the levels of priority of allocation established by section 13, the assets of a pension plan that have yet to be allocated to a portion described in subsection (2) of section 11 are less than the total value of the benefits and other amounts that rank equally in that level of priority of allocation, the available plan assets shall be allocated to the portions pro rata to the total value of the benefits and other amounts that rank equally in that level of priority of allocation.

SECTION 17.
USE OF ASSETS FOLLOWING ALLOCATION

Use of allocated assets

17. (1) Where an asset allocation for a pension plan is made under this Part in any situation other than that described in clause (c), (d) or (e) of subsection (1) of section 10, each portion of the assets of the plan allocated in accordance with sections 11 to 16 shall be utilized in conformity with the pension legislation applicable to the benefits and other amounts related to that portion.

Use of allocated assets for certain asset allocations

(2) Where an asset allocation for a pension plan is made under this Part in a situation described in clause (c), (d) or (e) of subsection (1) of section 10, each portion of the assets of the plan allocated in accordance with sections 11 to 16 shall be utilized, in conformity with the pension legislation applicable to the benefits and other amounts related to that portion, to satisfy payment of those benefits and other amounts arising from the wind up of the plan or the withdrawal of the employer, as the case may be. In addition, any remaining assets related to that portion shall be distributed in accordance with that pension legislation, if so required under that legislation. No assets of the plan allocated to one portion shall be utilized to satisfy payment of the benefits and other amounts related to another portion on the wind up of the plan or the withdrawal of the employer, as the case may be.

Use of remaining allocated assets

(3) Where a situation described in clause (c) or (d) of subsection (1) of section 10 occurs and the assets of a pension plan that have been allocated to a portion in accordance with sections 11 to 16 have been utilized to fully satisfy payment of the benefits and other amounts related to that portion that arise from the partial wind up of the plan or the withdrawal of the employer, as the case may be, and any other assets related to that portion have been distributed as required by the pension legislation applicable to the benefits and other amounts related to that portion, any remaining assets related to that portion shall remain in the pension fund of the plan and be commingled with the other assets therein.

PART V
RELATIONS BETWEEN AUTHORITIES

SECTION 18.
COOPERATION

Reciprocal obligations

18. The pension supervisory authorities that are subject to this Agreement shall:

• (a) provide to each other any information required for the application of this Agreement or pension legislation, and if requested, may provide other information which is reasonable in the circumstances;
• (b) assist each other in any matter concerning the application of this Agreement or pension legislation as is reasonable in the circumstances, particularly with respect to subsection (7) of section 4, and may act as agent for each other;
• (c) upon the request of such an authority, transmit to that authority any information on steps taken for the application of this Agreement and amendments to pension legislation, to the extent that such amendments affect the application of this Agreement;
• (d) notify each other of any difficulty encountered in the interpretation or in the application of this Agreement or pension legislation; and
• (e) seek an amicable resolution to any dispute that arises between them with respect to the interpretation of this Agreement.

PART VI
EXECUTION AND COMING INTO FORCE OF AGREEMENT

SECTION 19.
EXECUTION AND COMING INTO FORCE

Effective date

19. This Agreement shall come into force:

• (a) on July 1, 2020, in respect of the governments of Alberta, British Columbia, New Brunswick, Nova Scotia, Ontario, Quebec, Saskatchewan and Canada; and
• (b) on the date unanimously agreed to by all parties to this Agreement in respect of a government on behalf of which this Agreement is signed after July 1, 2020.

SECTION 20.
ADDITIONAL PARTIES

Unanimous consent

20. (1)  A government may become party to this Agreement with the unanimous consent of the parties to this Agreement.

Effects

(2) This Agreement shall enure to the benefit of and be binding upon a government that becomes party to this Agreement, the government’s jurisdiction and the jurisdiction’s pension supervisory authority as of the date referred to in section 19.

SECTION 21.
WITHDRAWAL

Written notice

21. (1) A party to this Agreement may withdraw from this Agreement by giving written notice to all other parties to this Agreement. Such notice shall be signed by a person authorized by the laws of the withdrawing party’s jurisdiction to sign this Agreement.

Waiting period

(2) The withdrawal shall take effect on the first day of the month following expiry of a period of eighteen months following the date on which the notice was transmitted. The withdrawal shall affect only the withdrawing party, and this Agreement shall remain in force for all other parties to this Agreement.

Minor authority

(3) Where, upon expiry of the eighteen month period referred to in subsection (2), the pension supervisory authority for the withdrawing party’s jurisdiction acts as a minor authority with respect to a pension plan, the major authority for the plan shall provide, upon request, that minor authority with copies of all relevant records, documents and other information concerning the plan in the major authority’s possession.

Major authority

(4) Where, upon expiry of the eighteen month period referred to in subsection (2), the pension supervisory authority for the withdrawing party’s jurisdiction acts as the major authority for a pension plan, such authority shall:

• (a) determine which pension supervisory authority, if any, shall become the new major authority for the plan in accordance with section 3 as of the effective date of the withdrawal; and
• (b) provide the new major authority for the plan referred to in clause (a), as soon as possible after such authority assumes its functions, with all relevant records, documents and other information in its possession concerning the plan.

Notice by major authority

(5) The pension supervisory authority that becomes a pension plan’s new major authority in accordance with subsection (4) shall, as soon as possible after assuming its functions, inform the plan administrator and each of the plan’s minor authorities of the date on which it assumed the functions of major authority.

Notice by plan administrator

(6) The administrator of a pension plan that receives from the plan’s new major authority notice of the information provided for in subsection (5) shall transmit such information:

• (a) to each employer that is party to the plan and any collective bargaining agent that represents any person who has rights or benefits under the plan within 90 days after such notice; and
• (b) to any person who has rights or benefits under the plan who is entitled to receive an annual or other periodic statement of the person’s benefits under the plan, no later than the expiry of the period for providing such persons with their next annual or other periodic statements of benefits.

Decisions and recourse

(7) Despite sections 4 and 6, where a pension supervisory authority becomes a pension plan’s new major authority in accordance with subsection (4):

• (a) all matters related to the plan that are pending before a prior major authority on the day preceding the new major authority’s assumption of its functions under this Agreement shall be continued before that prior major authority;
• (b) all matters related to the plan that concern a decision, order, direction or approval proposed or made by a prior major authority and pending before any administrative body or court on the day preceding the new major authority’s assumption of its functions under this Agreement shall be continued before such body or court;
• (c) for every matter in respect of which the prior major authority referred to in clause (a) or the administrative body or court referred to in clause (b) has proposed or made a decision, order, direction or approval to which the pension legislation or other legislation applying on the day preceding the new major authority’s assumption of its functions under this Agreement provides a right of recourse:
  • (i) such right shall be maintained so long as the period provided for exercising that right has not expired; and
  • (ii) such recourse may be brought before the administrative body or court provided for by the legislation giving entitlement thereto;
• (d) for any matter related to the plan not described in clauses (a) to (c) that occurred before the new major authority’s assumption of its functions under this Agreement and that related to the provisions of the pension legislation of a prior major authority’s jurisdiction in respect of a matter referred to in Schedule B:
  • (i) the prior major authority may, even after it loses its status as major authority for the plan, conduct an examination, investigation or inquiry into the matter in accordance with the pension legislation of the prior major authority’s jurisdiction to determine whether compliance with that legislation was met, and in such case, the matter shall remain subject to that prior major authority; and
  • (ii) where the matter constitutes an offence or is subject to an administrative penalty under the pension legislation of the prior major authority’s jurisdiction, the offence or administrative penalty may be prosecuted or imposed by the competent authority in that jurisdiction, and in such case, the matter shall remain subject to that prior major authority; and
• (e) all matters referred to in clauses (a) to (d) shall remain subject to the pension legislation or other legislation that applied to such matters on the day preceding the new major authority’s assumption of its functions under this Agreement.

SECTION 22.
AMENDMENT

Unanimous consent

22. This Agreement may be amended with the unanimous written consent of each of the parties to this Agreement.

SECTION 23.
COUNTERPARTS

Execution in counterparts

23. This Agreement or any amendment to this Agreement may be executed in counterparts.

SECTION 24.
EXECUTION IN ENGLISH AND IN FRENCH

Authentic texts

24. This Agreement and any amendment to this Agreement shall be executed in the English and French languages, each text being equally authoritative.

PART VII
IMPLEMENTATION AND TRANSITIONAL PROVISIONS

SECTION 25.
REPLACEMENT

Prior agreements

25. Subject to sections 27 and 28, as of the date referred to in section 19, this Agreement replaces the agreement entitled “Memorandum of Reciprocal Agreement” and any similar agreement respecting the application of pension legislation to pension plans that has been made between the governments that are party to this Agreement or between the ministries, departments, offices, units or agencies of such governments.

SECTION 26.
TRANSITION

Preliminary measure

26. (1) Where this Agreement comes into force on a date referred to in section 19, and on that date a pension plan first becomes subject to this Agreement:

• (a) if the plan is registered with only one pension supervisory authority and that authority is subject to this Agreement on that date, that authority shall become the major authority for the plan as of that date;
• (b) if the plan is registered with more than one pension supervisory authority and each of those authorities is subject to this Agreement on that date, the major authority for the plan shall be, of those authorities, the authority of the jurisdiction with the plurality of active members of the plan, as determined in accordance with subsection (3) of section 3 and considering only those jurisdictions whose pension legislation would, if this Agreement and any other agreement respecting the supervision of pension plans did not exist, require the plan to be registered with the pension supervisory authority of that jurisdiction; and
• (c) if the plan is registered with more than one pension supervisory authority and not all of those authorities are subject to this Agreement on that date, this Agreement shall not apply to the plan until such time as all of the authorities with which the plan is registered are subject to this Agreement, at which time the requirements of clause (b) shall apply to the plan.

Equal number of active members

(2) Where the major authority for a pension plan cannot be determined by applying clause (b) of subsection (1) because two or more jurisdictions have authority over an equal number of active members of the plan, the major authority for the plan shall be, of those jurisdictions, the authority whose main office is in closest proximity to the main office of the administrator of the plan. For the purposes of this subsection:

• (a) the main office of a pension supervisory authority is the office from which the authority conducts most of its supervisory activities; and
• (b) the main office of the pension plan administrator is the office from which the plan administrator described in the text of the pension plan conducts most of the plan’s administration.

Notice by major authority

(3) The pension supervisory authority that becomes a pension plan’s major authority in accordance with this section shall, as soon as possible after assuming its functions, inform the plan administrator and each of the plan’s pension supervisory authorities of the date on which it assumed the functions of major authority.

Decisions and recourse

(4) Despite sections 4 and 6, where a pension supervisory authority becomes a pension plan’s major authority in accordance with this section:

• (a) all matters related to the plan that are pending before a pension supervisory authority on the day preceding the major authority’s assumption of its functions under this Agreement shall be continued before that pension supervisory authority;
• (b) all matters related to the plan that concern a decision, order, direction or approval proposed or made by a pension supervisory authority and pending before any administrative body or court on the day preceding the major authority’s assumption of its functions under this Agreement shall be continued before such body or court;
• (c) for every matter in respect of which the pension supervisory authority referred to in clause (a) or the administrative body or court referred to in clause (b) has proposed or made a decision, order, direction or approval to which the pension legislation or other legislation applying on the day preceding the major authority’s assumption of its functions under this Agreement provides a right of recourse:
  • (i) such right shall be maintained so long as the period provided for exercising that right has not expired; and
  • (ii) such recourse may be brought before the administrative body or court provided for by the legislation giving entitlement thereto;
• (d) for any matter related to the plan not described in clauses (a) to (c) that occurred before the major authority’s assumption of its functions under this Agreement and that related to the provisions of the pension legislation of a pension supervisory authority’s jurisdiction in respect of a matter referred to in Schedule B:
  • (i) the pension supervisory authority may, even after the major authority assumes its functions under this Agreement for the plan, conduct an examination, investigation or inquiry into the matter in accordance with the pension legislation of that authority’s jurisdiction to determine whether compliance with that legislation was met, and in such case, the matter shall remain subject to that pension supervisory authority; and
  • (ii) where the matter constitutes an offence or is subject to an administrative penalty under the pension legislation of the pension supervisory authority’s jurisdiction, the offence or administrative penalty may be prosecuted or imposed by the competent authority in that jurisdiction, and in such case, the matter shall remain subject to that pension supervisory authority; and
• (e) subject to sections 27 and 28, all matters referred to in clauses (a) to (d) shall remain subject to the pension legislation, other legislation and agreements referred to in section 25 that applied to such matters on the day preceding the major authority’s assumption of its functions under this Agreement.

New party to this Agreement after July 1, 2020

(5) Despite sections 4 and 6, if this Agreement comes into force after July 1, 2020, in respect of a government that was not party to this Agreement before that date, and a pension plan is, on the date this Agreement comes into force in respect of that party, already subject to this Agreement:

• (a) the major authority for that plan shall inform the plan administrator and each of the plan’s pension supervisory authorities of the date on which this Agreement came into force in respect of that party, as soon as possible after that date;
• (b) all matters related to the plan that are pending before a pension supervisory authority on the day preceding the date this Agreement comes into force in respect of that party shall be continued before that pension supervisory authority;
• (c) all matters related to the plan that concern a decision, order, direction or approval proposed or made by a pension supervisory authority and pending before any administrative body or court on the day preceding the date this Agreement comes into force in respect of that party shall be continued before such body or court;
• (d) for every matter in respect of which the pension supervisory authority referred to in clause (b) or the administrative body or court referred to in clause (c) has proposed or made a decision, order, direction or approval to which the pension legislation or other legislation applying on the day preceding the date this Agreement comes into force in respect of that party provides a right of recourse:
  • (i) such right shall be maintained so long as the period provided for exercising that right has not expired; and
  • (ii) such recourse may be brought before the administrative body or court provided for by the legislation giving entitlement thereto;
• (e) for any matter related to the plan not described in clauses (b) to (d) that occurred before the date this Agreement came into force in respect of that party and that related to the provisions of the pension legislation of a pension supervisory authority’s jurisdiction in respect of a matter referred to in Schedule B:
  • (i) the pension supervisory authority may, even after the date this Agreement comes into force in respect of that party, conduct an examination, investigation or inquiry into the matter in accordance with the pension legislation of that authority’s jurisdiction to determine whether compliance with that legislation was met, and in such case, the matter shall remain subject to that pension supervisory authority; and
  • (ii) where the matter constitutes an offence or is subject to an administrative penalty under the pension legislation of the pension supervisory authority’s jurisdiction, the offence or administrative penalty may be prosecuted or imposed by the competent authority in that jurisdiction, and in such case, the matter shall remain subject to that pension supervisory authority; and
• (f) all matters referred to in clauses (b) to (e) shall remain subject to the pension legislation, other legislation and agreements referred to in section 25 that applied to such matters on the day preceding the date this Agreement came into force in respect of that party.

PART VIII
FINAL AND SPECIAL PROVISIONS

SECTION 27.
REPLACEMENT OF 2016 AGREEMENT

2016 agreement

27. As of July 1, 2020, this Agreement replaces the agreement entitled “2016 Agreement Respecting Multi-jurisdictional Pension Plans” which came into force on July 1, 2016, in respect of the governments of British Columbia, Nova Scotia, Ontario, Quebec and Saskatchewan. The application of that agreement is limited to matters referred to in section 28.

SECTION 28.
ADDITIONAL TRANSITIONAL RULE

Pending matters under 2016 agreement

28. Despite section 27, any matter related to a pension plan that was subject to the agreement entitled “2016 Agreement Respecting Multi-jurisdictional Pension Plans” on June 30, 2020, and that was still pending on that date before a pension supervisory authority that was subject to that agreement, an administrative body or a court continues to be subject to the requirements of that agreement.

SECTION 29.
WITHDRAWAL FROM AGREEMENT

29. (Revoked)

SCHEDULE A
PENSION LEGISLATION

Alberta

1. Employment Pension Plans Act, S.A. 2012, c. E-8.1.

British Columbia

2. Pension Benefits Standards Act, S.B.C. 2012, c. 30.

Manitoba

3. The Pension Benefits Act, C.C.S.M., c. P32.

New Brunswick

4. Pension Benefits Act, S.N.B. 1987, c. P-5.1.

Newfoundland and Labrador

5. Pension Benefits Act, 1997, S.N.L. 1996, c. P-4.01.

Nova Scotia

6. Pension Benefits Act, S.N.S. 2011, c. 41.

Ontario

7. Pension Benefits Act, R.S.O. 1990, c. P.8.

Quebec

8. Supplemental Pension Plans Act, C.Q.L.R., c. R-15.1.

Saskatchewan

9. The Pension Benefits Act, 1992, S.S. 1992, c. P-6.001.

Federal jurisdiction

10. Pension Benefits Standards Act, 1985, R.S.C. 1985 (2nd supp.), c. 32.

SCHEDULE B
MATTERS COVERED BY INCORPORATED LEGISLATIVE PROVISIONS

SECTION 1.
MAJOR AUTHORITY’S PENSION LEGISLATION

Major authority’s pension legislation

1. The pension legislation applicable to a pension plan shall be the pension legislation of the jurisdiction of the major authority for the plan in the following areas of pension legislation:

Registration of pension plans

1. Legislative provisions respecting:

• (a) the duty of the pension plan administrator to ensure that the plan complies with the applicable pension legislation;
• (b) requirements that a pension plan be registered with the authority;
• (c) prohibitions against administering a pension plan not registered with the authority;
• (d) the pension plan registration process (including the filing of required forms and documents, the form in which such documents must be filed, the contents of documents and filing deadlines);
• (e) whether registration of a plan is proof of compliance with the applicable pension legislation; and
• (f) the authority’s power to refuse or revoke the registration of a plan due to noncompliance with the applicable pension legislation.

Registration of pension plan amendments

2. Legislative provisions respecting:

• (a) requirements that pension plan amendments, or amendments to prescribed pension plan documents, be registered with the authority;
• (b) the amendment registration process (including the filing of required forms and documents, the form in which such documents must be filed, the contents of documents and filing deadlines);
• (c) whether registration of an amendment is proof of compliance with the applicable pension legislation;
• (d) the authority’s power to refuse or revoke the registration of a plan amendment due to non-compliance with the pension legislation applicable to the plan under clause (a) of subsection (1) of section 6 of this Agreement;
• (e) the ability of the administrator to administer the amended plan if it does not comply with the applicable pension legislation; and
• (f) requirements for notice of registration of the amendment to be provided to active members or other persons, the form and content of the notice and deadlines for providing such notice.

Pension plan administrators

3. Legislative provisions respecting:

• (a) requirements that a pension plan be administered by an administrator;
• (b) who may be an administrator, except where the pension legislation of a party to this Agreement expressly provides that the pension supervisory authority of that party’s jurisdiction shall act as administrator for part of the assets of a pension plan; and
• (c) the right of active members or other persons to establish an advisory committee to advise the administrator, and requirements respecting such an advisory committee.

Pension plan administrators’ duties

4. Legislative provisions respecting:

• (a) requirements that the pension plan administrator or the trustee, custodian or holder of the pension fund:
  • (i) administer the pension plan or pension fund in accordance with the applicable pension legislation and the plan terms;
  • (ii) stand in a fiduciary relationship to active members or other persons;
  • (iii) hold the pension fund in trust for the active members or other persons;
  • (iv) act honestly, in good faith and in the best interests of the active members or other persons;
  • (v) exercise the care, diligence and skill of a prudent person;
  • (vi) invest the pension fund in accordance with the applicable pension legislation, the pension plan’s written investment policies, in the best interests of the active members or other persons or in a reasonable and prudent manner; and
  • (vii) hold an annual or periodic meeting with the active members or other persons;
• (b) requirements that persons involved in the administration of a pension plan or pension fund:
  • (i) employ all knowledge and skill they possess by reason of their business or profession;
  • (ii) familiarize themselves with their fiduciary duties and obligations; and
  • (iii) possess the skills, capability and dedication required to fulfill their responsibilities and seek advice from qualified advisors where appropriate;
• (c) conflict of interest requirements for persons involved in the administration of a pension plan or pension fund;
• (d) requirements for the selection, use and supervision of the administrator’s agents or advisors, and requirements for such agents or advisors;
• (e) requirements that the employer or trustee provide information to the administrator; and
• (f) requirements respecting the payment of expenses related to the pension plan.

Pension plan records

5. Legislative provisions respecting:

• (a) how long any person must retain information related to the pension plan; and
• (b) requests by the plan administrator for information necessary for the administration of the pension plan.

Funding of ongoing pension plans

6. Legislative provisions respecting the following requirements related to the funding of ongoing pension plans (but not for the situations described in clauses (c), (d) and (e) of subsection (1) of section 10 of this Agreement):

• (a) requirements for contributions made to the pension fund (including the type or form of contributions, the manner in which they must be made and deadlines for making them);
• (b) minimum plan funding and solvency levels (including plan funding and solvency levels related to pension plan amendments and the use of plan assets for the funding of plan amendments);
• (c) the ability to take contribution holidays;
• (d) requirements for actuarial valuation reports to be filed with the authority in respect of pension plans (including the form and content of such reports, filing deadlines and actuarial standards to be applied in preparing such reports);
• (e) requirements for refunds of contributions to employers, active members or other persons;
• (f) restrictions on the amount of the value of a person’s benefit entitlements under a pension plan, or the amount of a refund payable to the person from a pension plan, that can be initially transferred out of the pension fund of the plan where the plan is not fully funded on a solvency or going concern basis, and the deadline for transferring or paying the outstanding portion of the amount;
• (g) who may be the trustee, custodian or holder of the pension fund; and
• (h) requirements for the provision of information between administrators and the trustees, custodians or holders of pension funds with respect to contributions, and for notice to the authority of contributions not remitted when due.

Pension fund investments

7. Legislative provisions respecting:

• (a) requirements for the investment of the pension fund (including limitations on investments and requirements that pension fund assets to be held in the name of the pension plan);
• (b) requirements that the administrator prepare a written investment policy, requirements for such a policy (including the form and content of the policy, whether it must be filed with the authority and the deadline for filing) and requirements regarding to whom such a policy must be provided; and
• (c) requirements in situations where active members or other persons direct the investment of their contributions (including the minimum number and type of investment options offered, the education and advice available to active members or who may provide the advice).

Pension fund assets

8. Legislative provisions respecting:

• (a) requirements for pension fund assets to be held by specified fund holders under a specified type of agreement;
• (b) requirements for contributions to be remitted to the pension fund;
• (c) requirements that the pension fund be held separate and apart from the employer’s assets and deeming the pension fund to be held in trust for the active members or other persons;
• (d) an administrator’s lien and charge on the employer’s assets equal to the amounts deemed held in trust; and
• (e) the administrator’s duty to take immediate action (including court proceedings) to obtain outstanding contributions.

Provision of information

9. Legislative provisions respecting:

• (a) requirements for documents and information to be filed by the administrator or any other person with the authority, including:
  • (i) periodic information returns;
  • (ii) actuarial information, if applicable;
  • (iii) financial statements (including audited financial statements); and
  • (iv) the form and content of the documents and information, who must prepare them and filing deadlines;
• (b) requirements for the following documents and information to be provided by the administrator, including the form and content of the documents and information, who must prepare them and deadlines for providing them:
  • (i) pension plan summaries for active members or employees entitled to join the plan; and
  • (ii) annual or other periodic statements for active members or other persons; and
• (c) requirements for the inspection of pension plan documents in the possession of the administrator, authority or other persons (including who is entitled to inspect the documents and information, how often, where and at what cost).

Plan membership

10. Legislative provisions respecting:

• (a) pension plans being for one or more classes of employees; and
• (b) the ability of the employer to establish separate plans for full-time and part-time employees.

Appointment of pension plan administrator

11. Legislative provisions respecting:

• (a) the ability of the authority to appoint itself or another person as administrator of a pension plan and rescind the appointment; and
• (b) the powers of an appointed administrator.

SECTION 2.
MAJOR AUTHORITY’S POWERS

Major authority’s powers

2. Where the pension legislation of the major authority’s jurisdiction applies to a pension plan in accordance with section 1 of this Schedule, the following areas of the pension legislation of the major authority’s jurisdiction shall, for the purposes of the plan and all jurisdictions that are subject to this Agreement in respect of the plan, also apply in respect of the application of the pension legislation described in section 1 of this Schedule:

Powers of examination, investigation or inquiry

1. All powers of examination, investigation or inquiry given to the major authority.

Orders, directions, approvals or decisions

2. The issuance of, or proposal to issue, orders, directions, approvals or decisions by the major authority, and any modification as may be made to such an order, direction, approval or decision by the authority, an administrative body or a court.

Reconsideration or review

3. The rights of the plan or a person affected by an order, direction, approval or decision of the major authority, an administrative body or a court to have the order, direction, approval or decision reconsidered or reviewed by the authority, an administrative body or a court.

Offences and penalties

4. The offences and penalties that may be applied where the plan or a person is found to have contravened the terms of the applicable pension legislation.

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for Alberta, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Edmonton,

the 14th day of May, 2020.

The Honourable Travis Toews
President of Treasury Board and Minister of Finance

Approved pursuant to the Government Organization Act:

Coleen Volk May 14, 2020
Intergovernmental Relations,
Executive Council

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for British Columbia, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Victoria,

the 29th day of April, 2020.

The Honourable Carole James
Minister of Finance

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant-Governor in Council for New Brunswick, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Fredericton,

the 12th day of May, 2020.

The Honourable Ernie L. Steeves
Minister of Finance and Treasury Board

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Governor in Council for Nova Scotia, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Halifax, N.S.,

the 5th day of May, 2020.

The Honourable Karen Lynn Casey
Minister of Finance and Treasury Board

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for Ontario, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at City of Toronto,

the 28th day of April, 2020.

The Honourable Rod Phillips
Minister of Finance

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Government of Quebec, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Québec,

the 27th day of May, 2020.

The Honourable Eric Girard
Minister of Finance

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF,

the undersigned, being duly authorized by the Government of Quebec, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Québec

the 12th day of May, 2020.

The Honourable Sonia LeBel
Minister responsible for Canadian Relations and the Canadian Francophonie

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for Saskatchewan, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Saskatoon,

the 11th day of May, 2020.

The Honourable Don Morgan
Minister of Justice and Attorney General

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Governor in Council for Canada, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Ottawa,

the 13th day of May, 2020.

The Honourable William Francis Morneau
Minister of Finance

EXPLANATORY NOTE

Proposal

To authorize the Minister of Finance, pursuant to section 6.1(1) of the Pension Benefits Standards Act, 1985 (PBSA) to enter into the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans (the 2020 Agreement).

Objective

The objective of the 2020 Agreement is to clarify and simplify the regulation of multi-jurisdictional pension plans across Canada.

Background

The PBSA and its Regulations, the Pension Benefits Standards Regulations, 1985 (PBSR), set out the legislative and regulatory requirements for private registered pension plans sponsored by employers in industries that are federally regulated, such as navigation and shipping, banking, inter-provincial transportation and communications, as well as employment in the Yukon, the Northwest Territories and Nunavut. In addition, all Canadian provinces except Prince Edward Island have pension benefits standards legislation regulating pension plans and the members of such plans in their respective jurisdictions.

Some pension plans have members in more than one jurisdiction, which makes the plan subject to the pension benefits standards legislation of multiple jurisdictions. Such a situation can arise when a plan sponsor has employees who work in both federally and provincially regulated areas of employment (e.g., an airline that offers the same pension plan to all its employees would have pilots under federal pension jurisdiction and head office employees under provincial pension jurisdiction).

The requirements of the various pension benefits standards legislation in Canada are broadly similar, but differences exist. Without an agreement that sets out how different jurisdictions’ pension legislation will apply, such plans face practical and legal difficulties in complying with the applicable requirements of different jurisdictions. In addition, there are areas, such as the allocation of assets on plan termination and wind up, where cooperation between jurisdictions is required.

Starting in 1968, most jurisdictions relied on reciprocal agreements to clarify the application of each jurisdiction’s legislation. These allowed multi-jurisdictional plans to register with only one pension regulator, but required that regulator to apply the pension legislation of each applicable jurisdiction.

Recognizing the continued regulatory problems faced by multi-jurisdictional pension plans, the Canadian Association of Pension Supervisory Authorities (CAPSA) worked with the federal government and provinces to develop a multilateral agreement to clarify and simplify the regulation of multi-jurisdictional pension plans across Canada.

Those efforts resulted in the release of a draft agreement in 2008. Following public consultations, a revised version of that agreement was entered into by the governments of Ontario and Quebec and came into effect between those jurisdictions on July 1, 2011.

In 2016, Ontario, Quebec, Nova Scotia, British Columbia and Saskatchewan entered into a revised agreement, which came into effect on July 1, 2016. In 2017, CAPSA held public consultations on potential funding and asset allocation requirements, which resulted in the 2020 Agreement.

Under the PBSA, the Minister of Finance has the authority, subject to Governor in Council approval, to enter into agreements with designated provinces in respect of pension plans with members in both federally regulated and provincially regulated employment.

Implications

The 2020 Agreement sets out an approach for the application of federal and provincial pension legislation for multi-jurisdictional pension plans. It would clarify and simplify the regulation of multi-jurisdictional pension plans across Canada. It would also improve equity among members of these plans by subjecting them to the same funding standards.

The 2020 Agreement includes four main components:

• 1. Registration: Under the 2020 Agreement, multi-jurisdictional pension plans will only be required to register with the jurisdiction that has the plurality of active members.
• 2. Application of legislation with a plurality of plan members: Under the 2020 Agreement, for key requirements that apply to a plan as a whole (e.g. funding requirements for ongoing plans and investment rules) only the legislative requirements of the jurisdiction with the plurality of active members will apply. For all other areas (e.g., plan member benefits), each jurisdiction’s own legislative requirements will continue to apply.
• 3. Calculation of accrued benefits for plan members that change jurisdiction of employment: Under this agreement, where a plan member changes jurisdiction of employment over the course of plan membership, the member’s ultimate plan benefits will be calculated in accordance with the pension legislation of the member’s final jurisdiction of employment.
• 4. Asset allocation: The 2020 Agreement sets out asset allocation rules for the termination and wind up of a multi-jurisdictional pension plan.

Pursuant to section 6.1 of the PBSA, the 2020 Agreement and a notice that it will come into force on July 1, 2020, will be published in the Canada Gazette, Part I. In addition, the 2020 Agreement will be tabled in each House of Parliament once all participating parties have signed.

Consultation

The 2020 Agreement was drafted by a CAPSA working group, in consultation with the federal government and all provinces with pension benefits standards legislation. In 2017, CAPSA held public consultations on key elements of the 2020 Agreement with stakeholders and received submissions from representatives of plan sponsors, retirees and active members as well as pension industry professionals. Comments from stakeholders were taken into account in drafting the final 2020 Agreement.

Contact

Lynn Hemmings
Director General
Financial Crimes and Security Division
90 Elgin Street, 13th Floor
Ottawa, Ontario
K1A 0G5
Email: Lynn.Hemmings@canada.ca

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guideline for Canadian drinking water quality for metribuzin

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for metribuzin. The proposed guideline document is available as of June 12, 2020, on the Water Quality website. Any person may, within 90 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent by email at HC.water-eau.SC@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, AL 4903D, Ottawa, Ontario K1A 0K9.

June 12, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guideline

A maximum acceptable concentration (MAC) of 0.08 mg/L (80 μg/L) is proposed for metribuzin in drinking water.

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and is based on assessments of metribuzin completed by Health Canada’s Pest Management Regulatory Agency (PMRA) and supporting documents.

Exposure

Metribuzin is a pre- and post-emergent herbicide used to control broadleaf weeds and grasses in agriculture. In 2016 (the most recent year for which data are available), more than 100 000 kg of metribuzin (as an active ingredient) was sold in Canada. Metribuzin is released into the environment as surface runoff following agricultural spraying (particularly within two weeks of soil application), as tile drain effluent, from accidental discharge or as spray drift. It has the potential to leach into groundwater or move into surface water.

Data provided by provinces and territories that monitor for metribuzin indicate that metribuzin is not commonly found in source or drinking water in Canada. However, low levels of metribuzin have been found in source and treated drinking water in a few Canadian provinces during targeted monitoring programs in agricultural areas where metribuzin is being applied. Although metribuzin is used on food crops, it is rarely detected in foods.

Health effects

In repeat-dose animal studies, metribuzin primarily targeted the liver and, to a lesser extent, the thyroid but did not cause birth defects, reproductive effects or an increase in cancer. Of the available studies in humans, there was no relationship between exposure to metribuzin and the incidence of cancer or Parkinson’s disease. The proposed MAC of 0.08 mg/L (80 µg/L) is based on liver effects seen in a two-year dog study.

Analytical and treatment considerations

The establishment of a drinking water guideline takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. Several analytical methods are available for measuring metribuzin in water at concentrations well below the proposed MAC.

At the municipal level, treatment technologies that are available to effectively decrease metribuzin concentrations in drinking water include oxidation, activated carbon adsorption, and membrane filtration. These technologies are capable of achieving treated water concentrations well below the proposed MAC. Although metribuzin may be removed using common oxidants used for disinfection (e.g. chlorine), utilities should be aware of the potential formation of degradation by-products.

In cases where metribuzin removal is desired at a small system or household level, for example when the drinking water supply is from a private well, a residential drinking water treatment unit may be an option. Although there are no treatment units currently certified for the removal of metribuzin from drinking water, activated carbon adsorption and reverse osmosis technologies are expected to be effective. When using a residential drinking water treatment unit, it is important to take samples of water entering and leaving the treatment unit and send them to an accredited laboratory for analysis to ensure that adequate metribuzin removal is occurring.

Application of the guideline

Note: Specific guidance related to the implementation of drinking water guidelines should be obtained from the appropriate drinking water authority in the appropriate jurisdiction.

The proposed guideline is protective against health effects from exposure to metribuzin in drinking water over a lifetime. Any exceedance of the proposed MAC should be investigated. For an exceedance in source water where there is no treatment in place, an investigation to determine the most appropriate way to reduce exposure to metribuzin should be conducted. This may include use of an alternate water supply or installation of treatment. Where treatment is already in place and an exceedance occurs, an investigation should be conducted to verify the efficacy of treatment and determine if adjustments are needed to lower the treated water concentration below the proposed MAC.

International considerations

Other national and international organizations have drinking water guidelines, standards and/or guidance values. Variations in these values can be attributed to the age of the assessments or to differing policies and approaches, including the choice of key study and the use of different consumption rates, body weights and source allocation factors.

Australia’s National Health and Medical Research Council has set a guideline value of 0.07 mg/L for metribuzin in drinking water. The United States Environmental Protection Agency (U.S. EPA) does not have a regulatory value for metribuzin. The U.S. EPA considers that regulating metribuzin in drinking water would have little impact on human health risk reduction, as its occurrence in public water systems and the number of people potentially exposed through drinking water are low. Both the World Health Organization (WHO) and the European Union (EU) have not set specific guideline values for metribuzin, although the EU has a generic guideline value of 0.1 µg/L for a single pesticide and a value of 0.5 µg/L for total pesticides in drinking water.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed Residential Indoor Air Quality Guidelines for Acrolein

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the proposed Residential Indoor Air Quality Guidelines for Acrolein. The proposed Residential Indoor Air Quality Guidelines (RIAQG) are available from June 12, 2020, to August 11, 2020, on the Canada.ca website. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed RIAQG. Comments must be sent either by email at hc.air.sc@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, AL 4903B, Ottawa, Ontario K1A 0K9.

June 12, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guidelines

The proposed short-term (one hour) exposure limit for acrolein is 38 µg/m³ and the proposed long-term exposure limit is 0.44 µg/m³ (based on 24-hour average).

Levels of acrolein in a typical Canadian home are likely below the short-term but above the long-term exposure limits, and accordingly may pose a health risk, specifically related to adverse respiratory effects. It is therefore recommended to reduce exposure to acrolein by ensuring adequate ventilation and controlling indoor sources.

Background

Acrolein is a very reactive and volatile compound, found in both indoor and outdoor air. It is ubiquitous throughout the ambient environment. In 2017, Health Canada established an indoor air reference level (IARL) for acrolein. IARLs represent concentrations that are associated with acceptable levels of risk after long-term exposure for a specific volatile organic compound (VOC), as determined by the organization or jurisdiction that performed the risk assessment. As levels of acrolein in Canadian homes frequently exceed the IARL, and in order to more fully characterize sources of acrolein in the indoor environment, acrolein was prioritized for a full risk assessment and RIAQG development.

The proposed RIAQG review the epidemiological, toxicological, and exposure research on acrolein as well as the conclusions from a number of comprehensive reviews from internationally recognized health and environmental organizations. They are intended to provide proposed short- and long-term indoor air exposure limits for acrolein, which would minimize risks to human health, and to support the development of actions to limit acrolein emissions. The RIAQG also show that levels in Canadian homes may potentially present a health risk and recommend various risk mitigation measures to reduce exposure to acrolein.

Sources and exposure

Acrolein is ubiquitous in the environment. The primary natural source of acrolein is incomplete combustion of organic matter during forest fires. Acrolein is also generated by the combustion of fuels, mostly by motor vehicles (including aircraft), and by industrial processes.

Acrolein levels in residential indoor air are generally greater than outdoor levels. Some of the sources of acrolein in indoor air are smoking, using gas stoves or wood-burning fireplaces, burning incense, cooking with oils, and secondary formation by oxidation of other VOCs from products and building materials.

Due to its reactivity, acrolein is one of the most difficult pollutants to measure in indoor air.

Health effects

Key health effects include eye and respiratory irritation, and tissue damage in the respiratory tract. Sensitized individuals such as asthmatics as well as individuals with chronic pulmonary disease or bronchitis may be more susceptible to the health effects of acrolein exposure. Children, especially those with asthma, may also be more likely to show adverse respiratory effects following exposure to acrolein. Pre-existing nasal allergies can also intensify the response to nasal irritants.

Risk management recommendations

Strategies for reducing indoor exposure to acrolein include the following: increasing ventilation; using a range hood exhaust fan with outside venting, using back burners, and opening windows or running the fan in the furnace or ventilation system while cooking, especially with oils; not smoking or burning candles or incense inside the home, and ensuring proper ventilation to the outside during use of combustion appliances; and decreasing VOC levels in the home to reduce secondary formation of acrolein.

Application of the guidelines

The RIAQG documents serve as a scientific basis for activities to evaluate and reduce the risk from indoor air pollutants, including the following: assessments by public health officials of health risks from indoor air pollutants in residential or similar environments; performance standards that may be applied to pollutant-emitting materials, products, and devices, so that their normal use does not lead to air concentrations of pollutants exceeding the proposed exposure limits; and communication products informing Canadians of actions they can take to reduce their exposure to indoor air pollutants and to help protect their health.

DEPARTMENT OF HEALTH

CANNABIS ACT

Notice of intent to consult on Health Canada’s proposal to provide the cannabis industry with financial relief amid the COVID-19 pandemic

As a result of the economic impact of the COVID-19 pandemic on the cannabis industry, Health Canada is considering the making of an order to potentially defer the 2020–2021 payment due date. The potential deferral would apply to the annual fee for cannabis licence holders in their first or subsequent fiscal years (those issued a licence prior to April 1, 2020).

Consultation

The purpose of the consultation is to solicit input and views on the proposed approach from the public and licence holders. Health Canada is seeking feedback for a period of 14 days beginning on the date of publication of this notice and closing on June 27, 2020.

To provide comments, please visit Health Canada’s consultation webpage or submit them directly to hc.cannabiscrf-rcf.sc@canada.ca.

John Clare
Director General
Strategic Policy, Cannabis
Controlled Substances and Cannabis Branch

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and orders on claims for exemption

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

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

Notice is hereby given of the decisions and orders on the validity of each claim for exemption, as well as the compliance of the relevant SDS and label (where applicable) with the HPA and the HPR. The details related to decisions that were found to be valid and the corrective measures that have been implemented voluntarily will not be published. Should a claimant, the general public, or anyone involved in the use or supply of hazardous products in the workplace wish to review or have concerns about a specific product, the corrective measures for the claim will be made available (in the official language of preference) upon request by contacting the Workplace Hazardous Materials Bureau by email at hc.whmis.claim-demande.simdut.sc@canada.ca.

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

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

On March 18, 2020, the HMIRA was amended. Certain requirements and provisions were changed and updated. The appeals process under the HMIRA has been removed and the related Hazardous Materials Information Review Act Appeal Board Procedures Regulations were repealed. Note that the provisions referenced in this publication refer to the previous HMIRA, as all decisions were issued prior to the coming into force of the new provisions.

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

Registry Number	Notice of Filing Publication Date	Original Claimant Name	New Claimant Name
9685	2016-01-23	Canadian Energy Services	CES Energy Solutions
9711	2016-01-23	Nalco Canada ULC	ChampionX Canada ULC
10386	2016-11-05	Nalco Canada ULC	ChampionX Canada ULC
11121	2017-03-25	Nalco Canada ULC	ChampionX Canada ULC
11123	2017-03-25	Nalco Canada ULC	ChampionX Canada ULC
11221	2017-06-10	Nalco Canada ULC	ChampionX Canada ULC
11744	2017-10-07	HPPE	Integrity Bio-Chem
12073	2018-06-09	Nalco Canada ULC	ChampionX Canada ULC

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

Registry Number	Notice of Filing Publication Date	Original Subject of the Claim	Revised Subject of the Claim
9040	2014-01-25	C.i. of two ingredients	C.i. and C. of two ingredients
9606	2015-11-07	C.i. of two ingredients	C.i. of one ingredient
9698	2016-01-23	C.i. and C. of two ingredients	C.i. and C. of three ingredients
9711	2016-01-23	C.i. and C. of four ingredients	C.i. of five ingredients
9716	2016-01-23	C.i. and C. of one ingredient	C.i. and C. of one ingredient C. of one ingredient
9862	2016-07-30	C.i. and C. of one ingredient C. of one ingredient	C.i. of one ingredient
10002	2016-07-30	C.i. and C. of two ingredients C. of seven ingredients	C.i. and C. of one ingredient
10386	2016-11-05	C.i. and C. of four ingredients	C.i. of five ingredients
10932	2017-01-28	C.i. and C. of three ingredients C. of one ingredient	C.i. of three ingredients
11121	2017-03-25	C.i. and C. of one ingredient	C.i. of one ingredient
11123	2017-03-25	C.i. and C. of two ingredients C. of four ingredients	C.i. and C. of two ingredients
11221	2017-06-10	C.i. and C. of one ingredient C. of one ingredient	C.i. of one ingredient
11230	2017-06-10	C.i. and C. of one ingredient C. of two ingredients	C.i. of one ingredient
11744	2017-10-07	C.i. and C. of four ingredients C. of one ingredient	C.i. of five ingredients
11844	2018-01-13	C.i. and C. of three ingredients	C.i. and C. of three ingredients C. of three ingredients
11845	2018-01-13	C.i. and C. of two ingredients	C.i. and C. of two ingredients C. of three ingredients
11847	2018-01-13	C.i. and C. of one ingredient	C.i. and C. of one ingredient
12062	2018-06-09	C.i. and C. of one ingredient C. of one ingredient	C.i. of two ingredients
12172	2018-07-21	C.i. and C. of one ingredient C. of nine ingredients	C.i. and C. of one ingredient C. of seven ingredients
12206	2018-08-18	C.i. of one ingredient C. of two ingredients	C.i. of one ingredient
12262	2018-11-24	C.i. and C. of one ingredient C. of three ingredients	C.i. and C. of one ingredient C. of one ingredient

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

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

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

Registry Number	Claimant	Product Identifier	Date of Decision	Date of Compliance
9040	Advanced Refining Technologies LLC	ICR 512	2019-11-26	2020-01-09
9606	Lamberti Canada, Incorporated	LDP 3206	2019-10-25	2019-12-20
9675	Exaltexx Inc.	ACA - Acid Controlling Additive	2019-10-09	2020-01-31
9685	CES Energy Solutions	SuperCorr A	2019-10-18	2019-11-25
9698	Schlumberger Technology Corporation	Water Friction Reducing Agent J618	2019-10-21	2019-12-13
9711	ChampionX Canada ULC	SCI-FOAM™ EC7029A	2019-11-13	2020-03-03
9862	Nalco Canada ULC	NALCO® 64591	2020-01-10	2020-02-28
9867	Lamberti Canada, Incorporated	ESATERGE 226/A-S	2019-10-18	2019-12-06
9943	Sialco Materials Ltd.	Lostris - DAA	2020-01-08	2020-01-30
9975	Chemtrade Logistics INC.	VIRWITE LIQUID (SERIES 200)	2020-01-09	2020-01-31
9976	Chemtrade Logistics INC.	VIRWITE LIQUID (SERIES 300)	2020-01-10	2020-01-31
10002	Afton Chemical Corporation	HiTEC® 4142 Fuel Additive	2019-10-22	2019-12-20
10159	Innospec Fuel Specialties LLC	OGI-9340	2020-01-09	2020-02-18
10253	ECO-TEC Inc.	SGB/GPB	2019-08-16	2019-12-13
10386	ChampionX Canada ULC	FOAM17029A	2019-11-07	2020-03-03
10576	Baker Hughes Canada Company	WCW4610C COMBINATION PRODUCT	2019-12-09	2020-01-10
10577	Baker Hughes Canada Company	SULFIX™ 9252 SCAVENGER	2019-12-06	2020-01-09
10932	Nalco Canada ULC	RA-500	2019-11-06	2020-02-28
11037	Ingevity Corporation	PC-2198	2020-01-16	2020-02-18
11121	ChampionX Canada ULC	FFS4195	2019-11-22	2020-02-28
11123	ChampionX Canada ULC	EMBR18083A	2020-01-06	2020-03-03
11187	Sialco Materials Ltd.	EBR-2431	2019-11-27	2020-01-30
11214	Baker Hughes Canada Company	SCW4481 SCALE INHIBITOR	2019-12-03	2020-01-06
11221	ChampionX Canada ULC	FNE4303	2019-12-11	2020-02-28
11230	Nalco Canada ULC	EC3476A	2019-12-13	2020-03-12
11249	Lamberti Canada, Incorporated	SR 237	2019-11-08	2019-12-18
11268	BYK USA Inc.	BYK-W 995	2019-09-06	2020-02-28
11377	Nalco Canada ULC	NALCO® 62501	2019-11-04	2020-02-28
11419	Schlumberger Canada Limited	SC-6912	2019-10-18	2020-02-18
11424	Schlumberger Canada Limited	SI-4592	2019-11-06	2020-01-06
11448	Schlumberger Canada Limited	KI-3855	2019-11-06	2020-01-14
11722	Secure Energy Services Inc.	SECURE THERMOSOLV NCC	2019-10-10	2019-12-10
11723	ChampionX Canada ULC	EMBR18127A	2020-01-31	2020-03-03
11735	Sialco Materials Ltd.	EBR-2432	2019-11-19	2020-01-31
11744	Integrity Bio-Chem	CleanSurf 32	2019-11-04	2020-01-30
11790	Ingevity Corporation	NDULIN® MQ-65 (Export Only)	2020-01-16	2020-01-31
11811	Suez Water Technologies & Solutions	SPEC-AID 8Q5153ULS	2019-10-11	2020-01-06
11847	Win Manuco Ltd.	NGE	2019-10-01	2020-01-06
11855	Calfrac Well Services Ltd.	CalStim EB-1	2019-12-10	2019-12-20
11906	Calfrac Well Services Ltd.	DynaRate 6524	2019-11-07	2019-12-10
11910	Nalco Canada ULC	FROTH PRO 706	2019-10-18	2019-11-27
11918	Suez Water Technologies & Solutions	PROSWEET S1800	2019-10-11	2020-01-06
11953	Baker Hughes Canada Company	TRETOLITE™ RBW747 WATER CLARIFIER	2019-11-19	2019-12-20
11999	Calfrac Well Services Ltd.	DAP-131	2019-12-13	2020-01-09
12057	Baker Hughes Canada Company	RE33804WAW	2019-10-22	2019-12-11
12059	Baker Hughes Canada Company	RE33828WAO Process Aid	2019-11-14	2020-02-14
12062	Nalco Canada ULC	NALCO® 61525	2019-12-12	2020-03-03
12073	ChampionX Canada ULC	AFMR20106C	2019-10-09	2020-03-03
12080	Baker Hughes Canada Company	RE33831WAW Diluent Loss Reducer	2019-11-27	2019-12-20
12091	Chemours Canada Company	Capstone™ FS-30	2019-10-25	2019-11-22
12094	Suez Water Technologies & Solutions	Dustreat DC9170	2019-09-23	2019-12-20
12103	Nalco Canada ULC	SULFA-CHECK(TM) EC5491A	2019-10-18	2020-03-12
12106	Schlumberger Canada Limited	PIPE-LAX* ENV	2019-10-18	2020-01-06
12110	Hexion Inc.	EPIKURE ™ Curing Agent 3388	2019-10-28	2020-01-31
12111	Suez Water Technologies & Solutions	Petroflo 20Y3450	2019-09-13	2020-02-03
12122	Ingevity Corporation	EnvaMul 2178	2019-11-25	2019-12-13
12124	Nalco Canada ULC	VX12003	2019-09-24	2019-12-13
12137	Ashland Canada Corp.	PLIOGRIP 6600 ADHESIVE	2020-01-16	2020-03-04
12138	Ashland Canada Corp.	PLIOGRIP 9400 ADHESIVE	2020-01-16	2020-03-04
12156	Clean Harbours	Paratene D707	2019-11-01	2019-12-13
12157	Clean Harbours	Paratene D708	2019-11-06	2019-12-13
12177	Chemtrade Logistics INC.	Clar+Ion A502P	2019-10-01	2019-12-11
12179	Chemtrade Logistics INC.	Clar+Ion A505P	2019-10-01	2019-12-11
12180	Chemtrade Logistics INC.	Clar+Ion A510P	2019-10-01	2019-12-06
12181	Chemtrade Logistics INC.	Clar+Ion A515P	2019-10-01	2019-12-11
12182	Chemtrade Logistics INC.	Hyper+Ion 705	2020-01-09	2020-03-12
12190	Calfrac Well Services Ltd.	R-V1012	2019-12-10	2020-02-13
12191	Calfrac Well Services Ltd.	R-V1013	2019-12-10	2020-02-13
12193	Nalco Canada ULC	NALCO® DVSLC009	2019-11-08	2020-03-03
12198	The QUIKRETE Companies, LLC	TSA Target Shotcrete Accelerator	2019-12-16	2020-01-06
12199	Nalco Canada ULC	HSCV18391A	2019-12-13	2020-02-13
12206	Afton Chemical Corporation	HiTEC 5158 Performance Additive	2019-12-06	2020-02-13
12228	Chemours Canada Company	Capstone™ ST-110	2019-12-12	2020-01-09
12241	Nalco Canada ULC	NALCO® 73801WR	2019-11-27	2020-03-03
12262	Baker Hughes Canada Company	SULFIX™ 9658G ADDITIVE	2019-12-19	2020-02-18

ORDERS ISSUED FOR THE CLAIMS FOR EXEMPTION

Each of the claims for exemption listed in the table below was issued an order under the Hazardous Materials Information Review Act.

Registry Number	Claimant	Product Identifier	Date of Decision
9706	Multi-Chem Production Chemicals Co.	MC MX 3-4070	2019-11-06
9716	Schlumberger Technology Corporation	Ecotrol F	2019-06-05
9663	MacDermid Alpha	ALPHA® WS-820 Solder Paste 96.5Sn/3.0Ag/0.5Cu 88-3-M19	2019-12-13
10329	Multi-Chem Production Chemicals Co.	MC MX 497-1	2019-10-22
10373	BWA Water Additives US LLC	BELLASOL S60	2019-10-25
10416	Flotek Chemistry	BetaPro AC	2019-11-08
10619	Halliburton Group Canada	FDP-S1176-15	2019-11-04
11105	Schlumberger Canada Limited	HR 2624	2019-10-18
11603	Halliburton Group Canada	Excelerate LX-1	2019-10-23
11604	Halliburton Group Canada	Excelerate LX-3	2019-10-23
11605	Halliburton Group Canada	Excelerate LX-4	2019-10-25
11620	Halliburton Group Canada	FDP-M1066-12	2019-11-13
11621	Halliburton Group Canada	SCALECHEK LP-50	2019-11-14
11844	Halliburton Group Canada	PEN-88M	2019-11-07
11845	Halliburton Group Canada	SSO-21M WINTERIZED	2019-11-08
12015	Dow Chemical Canada ULC	UCARSOL(TM) HS SOLVENT 133	2019-11-14
12098	Multi-Chem Production Chemicals Co.	MC S-2029	2019-11-06
12167	Schlumberger Canada Limited	Resin Activator B80	2019-10-23
12172	Schlumberger Canada Limited	PI-7316	2019-10-10
12189	Baker Hughes Canada Company	ScaleSorb 7	2019-11-08
12192	Momentive Performance Materials, Tarrytown	Niax* silicone L-580	2019-10-17
12195	Pilot Chemical Company	Aristol A/W	2019-11-07
12244	DNA Genotek Inc.	Liquefaction Reagent: OM-LQR-400; OM-LQR-1600	2019-11-19

A portion of each of the claims for exemption listed below was found to be invalid. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 16(1) of the previous Hazardous Materials Information Review Act in relation to the claim or portion of it that is not valid. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and the HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances, and all the corrective measures were implemented voluntarily.

Registry Number: 10416

Date of order: 2019-11-08

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12189

Date of order: 2019-11-08

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

The claim for exemption listed below was found to be invalid, whether partially or fully. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 16(1) of the previous Hazardous Materials Information Review Act in relation to the claim or portion of it that is not valid. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and the HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances, and all the corrective measures were implemented voluntarily.

Registry Number: 9716

Date of order: 2019-06-05

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Each of the claims for exemption listed below was found to be invalid, whether partially or fully. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 16(1) of the previous Hazardous Materials Information Review Act in relation to the claim that is not valid.

Registry Number: 10619

Date of order: 2019-11-04

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 11603

Date of order: 2019-10-23

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 11604

Date of order: 2019-10-23

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12015

Date of order: 2019-11-14

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12195

Date of order: 2019-11-07

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12244

Date of order: 2019-11-19

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

In the case of the following claims for exemption, they were found to be valid. However, the claimant did not address the non-compliances and the corrective measures were either not fully implemented or not implemented in a satisfactory manner within the specified period. Pursuant to subsection 17(1) of the previous Hazardous Materials Information Review Act, the claimant was ordered to comply with the applicable requirements of the HPA and the HPR.

Registry Number: 9663

Date of order: 2020-01-17

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the additional information elements in the applicable SDS sections.
• 2. Disclose a recommended use.
• 3. Disclose the Canadian initial supplier identifier.
• 4. Disclose the information elements concerning the additional hazard and precautionary statements.
• 5. Disclose the additional ingredient “quadrol” and its actual concentration / concentration range.
• 6. Disclose the additional applicable common names and synonyms for the ingredient “quadrol”.
• 7. Correct the disclosure of misleading information with respect to precautions for safe handling.
• 8. Disclose conditions to avoid.
• 9. Disclose the likely routes of exposure in section 11, “Toxicological information”.

Registry Number: 9706

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the additional hazard classifications of “Reproductive Toxicity — Category 1B” and “Specific Target Organ Toxicity — Repeated Exposure — Category 1 (inhalation, central nervous system)”.
• 4. Disclose a clear link between the complex mixture and its components.
• 5. Disclose the additional applicable common names and synonyms for the ingredient “xylene”.
• 6. Correct the misleading information on first aid measures.
• 7. Correct the misleading information on suitable extinguishing media.
• 8. Correct the disclosure of misleading information with respect to personal protective equipment while handling.
• 9. Disclose the conditions for safe storage of the hazardous product, including incompatibilities.
• 10. Disclose an adequate product odour.
• 11. Disclose “static discharge” as a condition to avoid.
• 12. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 13. Disclose the calculated product oral ATE value of 2 994 mg/kg (0% unknown) and inhalation (vapour) ATE value of 29 mg/L (6.6% unknown).
• 14. Correct the disclosure of misleading information regarding the LD₅₀ (rat, oral) value for the ingredient “xylene”.

Registry Number: 10329

Date of order: 2019-11-26

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Disclose the additional hazard classifications of “Specific Target Organ Toxicity — Single Exposure — Category 1 (central nervous system, eye, kidney)”, “Specific Target Organ Toxicity — Single Exposure — Category 3 (narcotic effects)” and “Specific Target Organ Toxicity — Repeated Exposure — Category 1 (central nervous system, ears, heart, lung, kidney, liver, and nose)”.
• 3. Disclose the percent of unknown toxicity of “7.2%” for the calculated product oral ATE value.
• 4. Disclose the additional applicable common names and synonyms for the ingredients “xylene”, “methanol”, and “heavy aromatic petroleum naphtha”.
• 5. Correct the misleading information on suitable extinguishing media.
• 6. Disclose an adequate product odour.
• 7. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 8. Disclose the calculated product ATE (oral) value of 1 790 mg/kg (7.2% unknown).

Registry Number: 10373

Date of order: 2019-11-29

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 2. Disclose the recommended use.
• 3. Disclose the Canadian initial supplier identifier.
• 4. Disclose the additional hazard classifications of “Skin Sensitizer — Category 1B” and “Skin Corrosion — Category 1”.
• 5. Disclose the information elements concerning the additional hazard and precautionary statements.
• 6. Disclose the signal word “Danger”.
• 7. Disclose “Other hazards” on the SDS.
• 8. Disclose unsuitable extinguishing media.
• 9. Correct the disclosure of misleading information regarding accidental release measures.
• 10. Disclose any exposure limit values.
• 11. Disclose the product’s boiling point.
• 12. Disclose the product’s freezing point.
• 13. Disclose the product’s decomposition temperature.
• 14. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 15. Correct the disclosure of misleading information regarding skin irritation and sensitization.
• 16. Correct the disclosure of misleading information regarding hazard statements.

Registry Number: 11105

Date of order: 2019-11-25

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the hazard classifications of “Specific Target Organ Toxicity — Single Exposure) — Category 1 (central nervous system)”, “Specific Target Organ Toxicity — Single exposure — Category 3, narcotic effects (central nervous system)”, “Specific Target Organ Toxicity — Repeated Exposure — Category 1 (heart, kidney, lungs, liver, immune system, central nervous system)”, “Germ Cell Mutagenicity — Category 2”, “Carcinogenicity — Category 1”, and “Flammable Liquids — Category 1.
• 4. Disclose “Other hazards” on the SDS.
• 5. Disclose the additional applicable common names and synonyms for the ingredients “toluene” and “butan-1-ol”.
• 6. Disclose the applicable information for “the most important symptoms and effects, both acute and delayed” under section 4, “First aid measures”.
• 7. Correct the disclosure of misleading information on suitable extinguishing media.
• 8. Disclose an ACGIH TLV–TWA of 0.1 ppm and ACGIH TLV–STEL of 0.3 ppm (DSEN, RSEN) exposure limits for the ingredient “formaldehyde”.
• 9. Disclose an adequate product odour.
• 10. Disclose the applicable information for “hazardous decomposition products” under section 10, “Stability and reactivity”.
• 11. Correct the disclosure of misleading information regarding specific target organ toxicity.
• 12. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 13. Disclose the calculated product oral ATE value of 4 100 mg/kg (44% unknown), dermal ATE value of 43 000 mg/kg (44% unknown), and inhalation (vapour) value of 21 mg/L (44% unknown).

Registry Number: 11605

Date of order: 2019-12-17

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 2. Disclose the additional ingredient “hydrotreated light petroleum distillate” and its actual concentration / concentration range.
• 3. Correct the disclosure of misleading information regarding “the most important symptoms and effects, whether acute or delayed” under section 4, “First aid measures”.
• 4. Disclose information on the special protective equipment and precautions for firefighters.
• 5. Disclose specific hazards arising from the hazardous product.
• 6. Correct the disclosure of misleading information regarding personal protective equipment.
• 7. Disclose the calculated product oral ATE value of 55 000 mg/kg (27.4% unknown).
• 8. Disclose the exposure time for the LC₅₀ value.
• 9. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 10. Correct the disclosure of misleading information regarding the toxicological information.

Registry Number: 11620

Date of order: 2019-12-17

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the additional hazard classification of “Specific Target Organ Toxicity — Single Exposure — Category 3, narcotic effects (central nervous system)”.
• 4. Disclose the percent of unknown toxicity of “17.4%” for the calculated product oral ATE value.
• 5. Disclose the applicable common names and synonyms for the ingredient “methanol”.
• 6. Correct the disclosure of misleading information regarding first aid measures.
• 7. Correct the disclosure of misleading information regarding firefighting measures.
• 8. Disclose the hazardous combustion products.
• 9. Disclose information on the precautions for firefighters.
• 10. Correct the disclosure of misleading information regarding personal protective equipment.
• 11. Disclose an adequate product odour.
• 12. Disclose “static discharge” as a condition to avoid.
• 13. Disclose “ingestion” as an additional likely route of exposure.
• 14. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 15. Disclose the calculated product oral ATE value of 1 640 mg/kg (17.4% unknown).

Registry Number: 11621

Date of order: 2019-12-17

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the additional hazard classification of “Specific Target Organ Toxicity — Single Exposure — Category 3, narcotic effects (central nervous system)”.
• 4. Disclose the percent of unknown acute oral, dermal and inhalation (vapour) toxicity.
• 5. Disclose the applicable common names and synonyms for the ingredient “methanol”.
• 6. Correct the disclosure of misleading information regarding first aid measures.
• 7. Correct the disclosure of misleading information regarding fire-fighting measures.
• 8. Disclose the hazardous combustion products.
• 9. Disclose information on the precautions for firefighters.
• 10. Correct the disclosure of misleading information regarding personal protective equipment.
• 11. Disclose an adequate product odour.
• 12. Disclose “static discharge” as a condition to avoid.
• 13. Disclose “ingestion” as an additional likely route of exposure.
• 14. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 15. Disclose the calculated product oral ATE value of 1 640 mg/kg (17.4% unknown).

Registry Number: 11844

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the additional hazard classifications of “Acute Toxicity (Oral) — Category 4”, “Acute Toxicity (Dermal) — Category 3”, “Acute Toxicity (Inhalation) — Category 3”, “Skin Corrosion — Category 1” and “Specific Target Organ Toxicity — Single Exposure — Category 3, narcotic effects (central nervous system)”.
• 4. Disclose the symbol and/or name of the symbol for “Skull and crossbones” on the SDS.
• 5. Disclose the percent of unknown toxicity of “34.4%” for the calculated oral and dermal ATE values, respectively, “45.3%” for the inhalation (vapours) ATE value, and “79.7%” for the inhalation (dust/mist) ATE value.
• 6. Disclose a generic chemical name that is consistent with the HMIRA claim for exemption for the confidential ingredient.
• 7. Disclose the applicable common names and synonyms for the ingredients “ethylene glycol monobutyl ether”, “ethylene glycol” and “methanol”.
• 8. Correct the disclosure of misleading information regarding first aid measures.
• 9. Correct the disclosure of misleading information regarding fire-fighting measures.
• 10. Disclose the hazardous combustion products.
• 11. Disclose information on the precautions for firefighters.
• 12. Disclose an ACGIH TLV–TWA of 25 ppm (vapour fraction), an ACGIH TLV–STEL of 50 ppm (vapour fraction) and an ACGIH TLV–STEL of 10 mg/m³ (aerosol only) as exposure limits for the ingredient “ethylene glycol”.
• 13. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 14. Disclose the calculated product oral and dermal ATE values of 715 mg/kg (34.4% unknown) and 723 mg/kg (34.4% unknown), respectively, an inhalation (vapours) ATE value of 3.5 mg/L (45.3% unknown) and an inhalation (dust/mist) ATE value of 2.2 mg/L (79.7% unknown).
• 15. Correct the disclosure of misleading information regarding the LD₅₀ values for the ingredients “ethylene glycol monobutyl ether” and “ethoxylated nonylphenol”.

Registry Number: 11845

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the additional hazard classifications of “Acute Toxicity (Dermal) — Category 4”, “Acute Toxicity (Inhalation) — Category 3”, “Skin Corrosion — Category 1” and “Specific Target Organ Toxicity — Single Exposure — Category 3, narcotic effects (central nervous system)”.
• 4. Disclose the symbol and/or name of the symbol for “Skull and crossbones” on the SDS.
• 5. Disclose the percent of unknown toxicity of “9%” for the calculated product oral and dermal ATE values, respectively, “54%” for the inhalation (vapours) ATE value and “80%” for the inhalation (dust/must) ATE value.
• 6. Disclose a generic chemical name that is consistent with the HMIRA claim for exemption for the confidential ingredient.
• 7. Disclose the applicable common names and synonyms for the ingredients “ethylene glycol monobutyl ether” and “methanol”.
• 8. Correct the disclosure of misleading information regarding first aid measures.
• 9. Correct the disclosure of misleading information regarding fire-fighting measures.
• 10. Disclose the hazardous combustion products.
• 11. Disclose information on the precautions for firefighters.
• 12. Disclose an accurate product colour.
• 13. Disclose “static discharge” as a condition to avoid.
• 14. Disclose “strong acids” as an incompatible material.
• 15. Disclose “ingestion” as an additional likely route of exposure.
• 16. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 17. Disclose the calculated product oral ATE value of 629 mg/kg (9% unknown), the calculated product dermal ATE value of 1 449 mg/kg (9% unknown), the calculated product inhalation (vapour) ATE value of 5.1 mg/L (54% unknown) and the calculated product inhalation (dust/must) ATE value of 6.1 mg/L (80% unknown).
• 18. Correct the disclosure of misleading information regarding the LD₅₀ values for the ingredients “ethylene glycol monobutyl ether”, “poly(oxy-1,2-ethandiyl), a-(nonylphenyl)-w-hydroxy-” and “alkylalcohol”.

Registry Number: 12098

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose an acceptable initial supplier identifier, including the telephone number.
• 4. Disclose the percent of unknown toxicity of “11%” for the calculated product oral ATE value.
• 5. Disclose the applicable common names and synonyms for the ingredients “ethylene glycol” and “methanol”.
• 6. Correct the disclosure of misleading information regarding first aid measures.
• 7. Correct the disclosure of misleading information regarding suitable extinguishing media.
• 8. Disclose information on the precautions for firefighters.
• 9. Correct the disclosure of misleading information with respect to personal protective equipment in case of accidental release.
• 10. Disclose the conditions for safe storage, including any incompatibilities.
• 11. Disclose an ACGIH TLV–TWA of 25 ppm (vapour fraction) and an ACGIH TLV–STEL of 50 ppm (vapour fraction) as exposure limits for the ingredient “ethylene glycol”.
• 12. Disclose an adequate product odour.
• 13. Disclose “static discharge” as a condition to avoid.
• 14. Disclose “dimethyl terephthalate, titanium butoxide, oxidants, phosphorus pentasulfide, sodium hydroxide, and silvered copper wire” as incompatible materials.
• 15. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 16. Disclose the calculated product oral ATE value of 1 650 mg/kg (11% unknown).

Registry Number: 12167

Date of order: 2019-12-06

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 2. Disclose the additional hazard classification of “Specific Target Organ Toxicity — Single Exposure — Category 1”.
• 3. Disclose the symbol and/or name of the symbol for “Health Hazard” on the SDS.
• 4. Disclose the applicable common names and synonyms for the ingredient “propan-2-ol”.
• 5. Disclose the information elements concerning the additional hazard and precautionary statements.
• 6. Disclose the applicable information for “the most important symptoms and effects, whether acute or delayed” under section 4, “First aid measures”.
• 7. Correct the disclosure of misleading information regarding suitable extinguishing media.
• 8. Disclose the applicable information for “hazardous decomposition products” under section 10, “Stability and reactivity”.
• 9. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.
• 10. Disclose the calculated product oral ATE value of 2 941 mg/kg (3% unknown) and dermal ATE value of 4 219 mg/kg (3% unknown).
• 11. Correct the disclosure of misleading information regarding the LD₅₀ (rat, oral) and LD₅₀ (rabbit, dermal) values for the confidential ingredient “oxyalkylated alcohol (2)”.

Registry Number: 12172

Date of order: 2019-11-19

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose the additional hazard classifications of “Specific Target Organ Toxicity — Single Exposure — Category 1 (central nervous system)” and “Specific Target Organ Toxicity — Repeated Exposure — Category 1 (central nervous system, ears, heart, lungs, kidneys, liver, and nose)”.
• 4. Disclose “Other hazards” on the SDS.
• 5. Disclose the applicable common names and synonyms for the ingredients “toluene”, “distillates, petroleum, straight-run, middle”, “methylcyclohexane”, “cyclohexane”, and “xylene”.
• 6. Disclose the applicable information for “the most important symptoms and effects” under section 4, “First aid measures”.
• 7. Correct the disclosure of misleading information on suitable extinguishing media.
• 8. Disclose the incompatibilities of the hazardous product.
• 9. Disclose the pH of the product.
• 10. Disclose an adequate product odour.
• 11. Disclose the calculated product oral ATE value of 5 465 mg/kg, the inhalation (vapour) ATE value of 23.1 mg/L and the inhalation (dust/mist) ATE value of 1.8 mg/L.
• 12. Correct the disclosure of misleading information regarding the LC₅₀ value for the ingredients “distillates, petroleum, straight-run, middle”, “methylcyclohexane” and “xylene”.
• 13. Correct the disclosure of misleading information regarding the LD₅₀ value for the ingredient “xylene”.
• 14. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.

Registry Number: 12192

Date of order: 2019-11-25

The claimant had been advised to amend the SDS (or label) as indicated below.

• 1. Disclose the information elements concerning the additional hazard and precautionary statements.
• 2. Correct the precautionary statements to select the appropriate phrase when a slash is present.
• 3. Disclose an acceptable initial supplier identifier, including the telephone number.
• 4. Disclose the additional hazard classification of “Reproductive Toxicity — Category 2”.
• 5. Correct the disclosure of misleading cross-referencing between SDS sections.
• 6. Disclose the applicable information for “precautions for safe handling” under section 7, “Handling and storage”.
• 7. Disclose an accurate product colour.
• 8. Disclose a sufficient description of the delayed and immediate effects, and chronic effects from short-term and long-term exposure.

CLAIMS FOR EXEMPTION THAT WERE WITHDRAWN AFTER THE DECISION WAS ISSUED

In the case of the following claims for exemption, claimants requested the withdrawal of the claim after the decision was issued, as the CBI claim was no longer required.

Registry Number	Claimant	Product Identifier	Date of Decision	Date of Withdrawal
9454	Schlumberger Technology Corporation	Foaming Agent F109	2019-06-06	2019-11-04
9695	BWA Water Additives US LLC	BELCLENE 243	2019-01-07	2019-01-11
11283	Houghton International	Cerfa-Kleen SS-17	2019-07-30	2019-09-11
11904	Multi-Chem Production Chemicals Co.	MC MXI 3-2831	2019-07-04	2019-08-06
12169	Schlumberger Canada Limited	EPT-2801	2019-11-19	2020-03-04
9801	Multi-Chem Production Chemicals Co.	HyStop™ MXI 5-3912	2019-12-06	2020-03-04
9828	Momentive Performance Materials	Silblock* WMS	2019-12-09	2020-03-04

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19.

Ottawa, March 27, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, this Interim Order prevails.

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), this Interim Order applies to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

• (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations in respect of flights operated using an aircraft with a passenger seating configuration of 10 or more, excluding pilot seats;
• (b) the holder of a certificate issued under Subpart 1 of Part VII of the Regulations in respect of flights operated using an aircraft with a passenger seating configuration of 10 or more, excluding pilot seats;
• (c) the holder of a certificate issued under Subpart 4 or 5 of Part VII of the Regulations.

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Provincial and Territorial Measures

Notification

3 Beginning on March 30, 2020, at 12:00 p.m. Eastern Daylight Time, before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check Before Boarding

Health check — operator

4 Beginning on March 30, 2020, at 12:00 p.m. Eastern Daylight Time, subject to section 6, an operator must conduct, at the boarding gate, a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

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

Additional questions

(2) In addition to the health check, the operator must ask every passenger

• (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19, and
• (b) whether they are the subject of a provincial or local public health order.

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions or the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who is subjected to a health check or is asked the additional questions must not provide answers that are false or misleading.

Exceptions

6 The operator is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a passenger who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

7 Beginning on March 30, 2020, at 12:00 p.m. Eastern Daylight Time, an operator is prohibited from allowing a passenger to board an aircraft for a flight that the operator operates if

• (a) the passenger’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the operator observes, during the health check, that the passenger is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the passenger’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
• (d) the passenger is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

Waiting period of 14 days

8 A passenger who is prohibited from boarding an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the prohibition, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

9 (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 in respect of that notice will be taken against the person on whom the notice 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 or fail to file a request for a review with the Tribunal within the prescribed period.

SCHEDULE

(Subsections 9(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3		25,000
Section 4		25,000
Subsection 5(1)		25,000
Subsection 5(2)		25,000
Subsection 5(3)		25,000
Subsection 5(4)	5,000
Section 7		25,000
Section 8	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2.

Ottawa, April 9, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, this Interim Order prevails.

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), this Interim Order applies to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

• (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations;
• (b) the holder of a certificate issued under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

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

Additional questions

(2) In addition to the health check, the operator must ask every passenger

• (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
• (b) whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of an order issued by a provincial or local public health authority.

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional questions must

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

Observation — operator

(5) During the process of boarding an aircraft for a flight that the operator operates, the operator must observe whether any passenger is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a passenger who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

7 An operator must refuse to allow a passenger to board an aircraft for a flight that the operator operates if

• (a) the passenger’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the operator observes, during the process of boarding an aircraft, that the passenger is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the passenger’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
• (d) the passenger is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

Waiting period of 14 days

8 A passenger who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

9 (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 in respect of that notice will be taken against the person on whom the notice 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 or fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

10 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, made on March 27, 2020, is repealed.

SCHEDULE

(Subsections 9(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 4	5,000	25,000
Subsection 5(1)	5,000	25,000
Subsection 5(2)	5,000	25,000
Subsection 5(3)	5,000	25,000
Subsection 5(4)	5,000
Subsection 5(5)	5,000	25,000
Section 7	5,000	25,000
Section 8	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3.

Ottawa, April 17, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely and comfortably cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
• 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)
• 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 has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (administration de contrôle)
• screening officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de contrôle)
• sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone stérile)

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, this Interim Order prevails.

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

• (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations; and
• (b) the holder of a certificate issued under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Beginning on April 20, 2020, at 12:00 p.m. Eastern Daylight Time, sections 18 to 20 apply to the screening authority 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.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

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

Additional questions

(2) In addition to the health check, the operator must ask every passenger

• (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
• (b) whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of an order issued by a provincial or local public health authority.

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

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

Observation — operator

(5) Before passengers board an aircraft for a flight that the operator operates, the operator must observe whether any passenger is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a passenger who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

7 An operator must refuse to allow a passenger to board an aircraft for a flight that the operator operates if

• (a) the passenger’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the operator observes, before a passenger boards an aircraft, that the passenger is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the passenger’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
• (d) the passenger is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

Waiting period of 14 days

8 A passenger who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Application

9 (1) Subject to subsection (2), sections 10 to 17 apply beginning on April 20, 2020, at 12:00 p.m. Eastern Daylight Time.

Exception

(2) Sections 10 to 17 do not apply to the following passengers:

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove a face mask without assistance.

Notification

10 An operator must notify every passenger that intends to board an aircraft for a flight that the operator operates that

• (a) the passenger must be in possession, prior to boarding, of a face mask;
• (b) the passenger must wear the face mask at all times during the flight when they are 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose; and
• (c) the passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

Confirmation

11 Every passenger must confirm to the operator prior to boarding an aircraft for a flight that the operator operates that they are in possession of a face mask.

False declaration

12 A passenger must not provide a confirmation under section 11 that they know to be false or misleading.

Verification

13 During the boarding process for a flight that the operator operates, the operator must verify that every passenger boarding the aircraft is in possession of a face mask.

Wearing of face mask

14 (1) An operator must require a passenger to wear a face mask at all times during a flight the operator operates when the passenger is 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the person could be endangered by wearing a face mask;
• (b) when the person is eating, drinking or taking oral medications; or
• (c) when a crew member authorizes the removal of the face mask to address the passenger’s special needs or unforeseen circumstances.

Compliance — passenger

15 A passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — operator

16 An operator is prohibited from permitting a passenger to board an aircraft for a flight that the operator operates if

• (a) the passenger is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 11;
• (b) the operator cannot verify under section 13 that the passenger is in possession of face mask; or
• (c) the passenger refuses to comply with instructions given by a crew member with respect to wearing a face mask.

Refusal to comply

17 If, during a flight that an operator operates, a passenger refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the passenger’s name and contact information,
  • (iii) the passenger’s seat number on the flight, 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).

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must advise a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 to wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A person who is screened at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012, must wear a face mask if advised to do so by a screening officer.

Requirement to wear

(3) A person who has been advised to wear a face mask under subsections (1) or (2) must do so.

Exception

(4) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(2)(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 A screening authority must not permit a person, other than a person listed in any of paragraphs 9(2)(a) to (d), who has been advised to wear a face mask and refuses to do so, to pass beyond a screening checkpoint into a restricted area, including a sterile area.

Designated Provisions

Designation

21 (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 in respect of that notice will be taken against the person on whom the notice 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 or fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 No. 2, made on April 9, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 4	5,000	25,000
Subsection 5(1)	5,000	25,000
Subsection 5(2)	5,000	25,000
Subsection 5(3)	5,000	25,000
Subsection 5(4)	5,000
Subsection 5(5)	5,000	25,000
Section 7	5,000	25,000
Section 8	5,000
Section 10	5,000	25,000
Section 11	5,000
Section 12	5,000
Section 13	5,000	25,000
Subsection 14(1)	5,000	25,000
Section 15	5,000
Section 16	5,000	25,000
Subsection 18(1)		25,000
Subsection 18(2)	5,000
Section 20		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4.

Ottawa, April 30, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely and comfortably cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
• 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)
• 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 has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (administration de contrôle)
• screening officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de contrôle)
• sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone stérile)

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, this Interim Order prevails.

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

• (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations; and
• (b) the holder of a certificate issued under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Sections 18 to 20 apply to the screening authority 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.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

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

Additional questions

(2) In addition to the health check, the operator must ask every passenger

• (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
• (b) whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of an order issued by a provincial or local public health authority.

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

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

Observation — operator

(5) Before passengers board an aircraft for a flight that the operator operates, the operator must observe whether any passenger is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a passenger who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

7 An operator must refuse to allow a passenger to board an aircraft for a flight that the operator operates if

• (a) the passenger’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the operator observes, before a passenger boards an aircraft, that the passenger is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the passenger’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
• (d) the passenger is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

Waiting period of 14 days

8 A passenger who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Exception

9 Sections 10 to 17 do not apply to the following passengers:

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove a face mask without assistance.

Notification

10 An operator must notify every passenger that intends to board an aircraft for a flight that the operator operates that

• (a) the passenger must be in possession, prior to boarding, of a face mask;
• (b) the passenger must wear the face mask at all times during the flight when they are 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose; and
• (c) the passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

Confirmation

11 Every passenger must confirm to the operator prior to boarding an aircraft for a flight that the operator operates that they are in possession of a face mask.

False declaration

12 A passenger must not provide a confirmation under section 11 that they know to be false or misleading.

Verification

13 During the boarding process for a flight that the operator operates, the operator must verify that every passenger boarding the aircraft is in possession of a face mask.

Wearing of face mask

14 (1) An operator must require a passenger to wear a face mask at all times during a flight the operator operates when the passenger is 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the person could be endangered by wearing a face mask;
• (b) when the person is eating, drinking or taking oral medications; or
• (c) when a crew member authorizes the removal of the face mask to address the passenger’s special needs or unforeseen circumstances.

Compliance — passenger

15 A passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — operator

16 An operator is prohibited from permitting a passenger to board an aircraft for a flight that the operator operates if

• (a) the passenger is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 11;
• (b) the operator cannot verify under section 13 that the passenger is in possession of face mask; or
• (c) the passenger refuses to comply with instructions given by a crew member with respect to wearing a face mask.

Refusal to comply

17 If, during a flight that an operator operates, a passenger refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the passenger’s name and contact information,
  • (iii) the passenger’s seat number on the flight, 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).

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must advise a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 to wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A person who is screened at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012, must wear a face mask if advised to do so by a screening officer.

Requirement to wear

(3) A person who has been advised to wear a face mask under subsections (1) or (2) must do so.

Exception

(4) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 A screening authority must not permit a person, other than a person listed in any of paragraphs 9(a) to (d), who has been advised to wear a face mask and refuses to do so, to pass beyond a screening checkpoint into a restricted area, including a sterile area.

Designated Provisions

Designation

21 (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 in respect of that notice will be taken against the person on whom the notice 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 or fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 No. 3, made on April 17, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 4	5,000	25,000
Subsection 5(1)	5,000	25,000
Subsection 5(2)	5,000	25,000
Subsection 5(3)	5,000	25,000
Subsection 5(4)	5,000
Subsection 5(5)	5,000	25,000
Section 7	5,000	25,000
Section 8	5,000
Section 10	5,000	25,000
Section 11	5,000
Section 12	5,000
Section 13	5,000	25,000
Subsection 14(1)	5,000	25,000
Section 15	5,000
Section 16	5,000	25,000
Subsection 18(1)		25,000
Subsection 18(2)	5,000
Section 20		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6.

Ottawa, May 26, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
• 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)
• 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 has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (administration de contrôle)
• screening officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de contrôle)
• sterile area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone stérile)

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, this Interim Order prevails.

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

• (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations; and
• (b) the holder of a certificate issued under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Sections 18 to 20 apply to the screening authority 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.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify every person that intends to board the flight that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every person before the person boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional questions

(2) In addition to the health check, the operator must ask every person

• (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
• (b) whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of an order issued by a provincial or local public health authority.

False declaration — obligation of operator

(3) The operator must advise every person not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

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

Observation — operator

(5) Before a person boards an aircraft for a flight that the operator operates, the operator must observe whether the person is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

7 An operator must refuse to allow a person to board an aircraft for a flight that the operator operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the operator observes, before a person boards an aircraft, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

Waiting period of 14 days

8 A person who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Exception

9 Sections 10 to 17 do not apply to the following persons:

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove a face mask without assistance.

Notification

10 An operator must notify every person that intends to board an aircraft for a flight that the operator operates that

• (a) the person must be in possession, prior to boarding, of a face mask;
• (b) the person must wear the face mask at all times during the flight when they are 2 m or less from another person unless both persons live in the same dwelling-house or other place that serves that purpose; and
• (c) the person must comply with any instructions given by a crew member with respect to wearing a face mask.

Confirmation

11 Every person must confirm to the operator prior to boarding an aircraft for a flight that the operator operates that they are in possession of a face mask.

False declaration

12 A person must not provide a confirmation under section 11 that they know to be false or misleading.

Verification

13 During the boarding process for a flight that the operator operates, the operator must verify that every person boarding the aircraft is in possession of a face mask.

Wearing of face mask

14 (1) An operator must require a person to wear a face mask at all times during a flight the operator operates when the person is 2 m or less from another person unless both persons live in the same dwelling-house or other place that serves that purpose.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the person could be endangered by wearing a face mask;
• (b) when the person is eating, drinking or taking oral medications; or
• (c) when a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances.

Compliance — person

15 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — operator

16 An operator is prohibited from permitting a person to board an aircraft for a flight that the operator operates if

• (a) the person is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 11;
• (b) the operator cannot verify under section 13 that the person is in possession of a face mask; or
• (c) the person refuses to comply with instructions given by a crew member with respect to wearing a face mask.

Refusal to comply

17 If, during a flight that an operator operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (iii) the person’s seat number on the flight, 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).

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must advise a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 to wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A person who is screened at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012, must wear a face mask if advised to do so by a screening officer.

Requirement to wear

(3) A person who has been advised to wear a face mask under subsection (1) or (2) must do so.

Exception

(4) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 A screening authority must not permit a person, other than a person listed in any of paragraphs 9(a) to (d), who has been advised to wear a face mask and refuses to do so, to pass beyond a screening checkpoint into a restricted area, including a sterile area.

Designated Provisions

Designation

21 (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 in respect of that notice will be taken against the person on whom the notice 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 or fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 5, made on May 13, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 4	5,000	25,000
Subsection 5(1)	5,000	25,000
Subsection 5(2)	5,000	25,000
Subsection 5(3)	5,000	25,000
Subsection 5(4)	5,000
Subsection 5(5)	5,000	25,000
Section 7	5,000	25,000
Section 8	5,000
Section 10	5,000	25,000
Section 11	5,000
Section 12	5,000
Section 13	5,000	25,000
Subsection 14(1)	5,000	25,000
Section 15	5,000
Section 16	5,000	25,000
Section 17	5,000	25,000
Subsection 18(1)		25,000
Subsection 18(2)	5,000
Section 20		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7.

Ottawa, June 4, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
• 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)
• Regulations means the Canadian Aviation Regulations. (Règlement)
• screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (administration de contrôle)
• screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

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, this Interim Order prevails.

Application

Flights departing from an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

• (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations; and
• (b) the holder of a certificate issued under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Sections 18 to 20 apply to the screening authority 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.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify every person who intends to board the aircraft as a passenger that they may be subject to any measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every person boarding an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional questions

(2) In addition to the health check, the operator must ask every person

• (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
• (b) whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of an order issued by a provincial or local public health authority.

False declaration — obligation of operator

(3) The operator must advise every person not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

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

Observation — operator

(5) Before a person boards an aircraft for a flight that the operator operates, the operator must observe whether the person is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

7 An operator must not permit a person to board an aircraft for a flight that the operator operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the operator observes, before the person boards an aircraft, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

Waiting period of 14 days

8 A person who is not permitted to board an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Exception

9 Sections 10 to 17 do not apply to the following persons:

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove their face mask without assistance.

Notification

10 An operator must notify every person who intends to board an aircraft for a flight that the operator operates that

• (a) the person must be in possession of a face mask prior to boarding;
• (b) the person must wear the face mask at all times during the boarding process and during the flight when they are 2 m or less from another person unless both persons are occupants of the same dwelling-house or other place that serves that purpose; and
• (c) the person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Obligation to possess face mask

11 Every person must be in possession of a face mask prior to boarding an aircraft for a flight from an aerodrome in Canada.

Wearing of face mask — person

12 (1) Subject to subsections (2) and (3), an operator must require a person to wear a face mask at all times during the boarding process and during a flight the operator operates when the person is 2 m or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

• (a) when the only other persons who are 2 m or less from the person are occupants of the person’s dwelling-house or other place that serves this purpose;
• (b) when the safety of the person could be endangered by wearing a face mask;
• (c) when the person is eating, drinking or taking oral medications;
• (d) when a gate agent or a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances; or
• (e) when a gate agent authorizes the removal of the face mask to verify the person’s identity.

Exceptions — flight deck

(3) Subsection (1) does not apply to 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 operator who is not a crew member performing their duties;
• (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the operator; or
• (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 operator.

Compliance — person

13 A person must comply with any instructions given by a crew member or a gate agent with respect to wearing a face mask.

Prohibition — operator

14 An operator must not permit a person to board an aircraft for a flight that the operator operates if

• (a) the person is not in possession of a face mask; or
• (b) the person refuses to comply with an instruction given by a crew member or a gate agent in accordance with section 13.

Refusal to comply

15 If, during a flight that an operator operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (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).

Wearing of face masks — crew member

16 (1) Subject to subsections (2) and (3), an operator must require a crew member to wear a face mask at all times during the boarding process and during a flight the operator operates when the crew member is 2 m or less from another person.

Exceptions — crew member

(2) Subsection (1) does not apply

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

Exception — flight deck

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

Wearing of face masks — gate agent

17 (1) Subject to subsection (2), an operator must require a gate agent to wear a face mask during the boarding process for a flight that the operator operates when the gate agent is 2 m or less from another person.

Exceptions

(2) Subsection (1) does not apply

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

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 that they must wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A screening authority must notify a person who is subject to screening at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 that they must wear a face mask at all times during screening.

Requirement to wear — person

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

Requirement to wear — screening officer

(4) A screening officer must wear a face mask at a screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is 2 m or less from the person being screened.

Exception

(5) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 (1) A screening authority must not permit a person, other than a person listed in any of paragraphs 9(a) to (d), who has been notified to wear a face mask and refuses to do so, to pass beyond a non-passenger screening checkpoint or a passenger screening checkpoint into a restricted area, including a sterile area.

Definitions of restricted area and sterile area

(2) In this section, restricted area and sterile area have the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Designated Provisions

Designation

21 (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 in respect of that notice will be taken against the person on whom the notice 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

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6, made on May 26, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 4	5,000	25,000
Subsection 5(1)	5,000	25,000
Subsection 5(2)	5,000	25,000
Subsection 5(3)	5,000	25,000
Subsection 5(4)	5,000
Subsection 5(5)	5,000	25,000
Section 7	5,000	25,000
Section 8	5,000
Section 10	5,000	25,000
Section 11	5,000
Subsection 12(1)	5,000	25,000
Section 13	5,000
Section 14	5,000	25,000
Section 15	5,000	25,000
Subsection 16(1)	5,000	25,000
Subsection 17(1)	5,000	25,000
Subsection 18(1)		25,000
Subsection 18(2)		25,000
Subsection 18(3)	5,000
Subsection 18(4)	5,000
Section 19	5,000
Subsection 20(1)		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19.

Ottawa, March 17, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19

Interpretation

Definition of Regulations

1 (1) In this Interim Order, Regulations means the Canadian Aviation Regulations.

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, the Interim Order prevails.

Application

Application — boarding denied to foreign nationals

2 (1) Sections 3 to 5 of this Interim Order apply to air carriers operating flights to Canada and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — health check

(2) Sections 6 to 10 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

• (a) an air carrier that operates an aircraft with a passenger seating configuration of 20 or more, excluding pilot seats, under Subpart 1 of Part VII of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 5 of Part VII of the Regulations.

Boarding Denied to Foreign Nationals

Definitions

3 The following definitions apply in sections 4 and 5.

• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• immediate family member, in respect of a person means
  • (a) the spouse or common-law partner of the person;
  • (b) a dependent child of the person or of the person’s spouse or common-law partner; or
  • (c) a dependent child of a dependent child referred to in paragraph (b). (membre de la famille immédiate)

Prohibition

4 An air carrier is prohibited from permitting a foreign national to board an aircraft for an international flight to Canada.

Non-application

5 Section 4 does not apply to the following persons:

• (a) a person who has been only in the United States or Canada during the period of 14 days before the day on which they board;
• (b) an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
• (c) a person registered as an Indian under the Indian Act;
• (d) a person who is authorized, in writing, by a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members;
• (e) a crew member;
• (f) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person;
• (g) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 coronavirus disease response;
• (h) a person who arrives by means of an aircraft operated by the Canadian Forces or the Department of National Defence;
• (i) a member of the Canadian Forces or a visiting force as defined in section 2 of the Visiting Forces Act and the immediate family members of that member;
• (j) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act;
• (k) a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they board;
• (l) a person or any person in a class of persons who, in the opinion of Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act
  • (i) does not pose a risk of significant harm to public health, or
  • (ii) will provide an essential service while in Canada;
• (m) a person whose presence in Canada, in the opinion of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest; or
• (n) a person in transit through Canada to another country.

Health Check Before Boarding

Health check — air carriers

6 Subject to section 8, an air carrier must conduct, at the boarding gate, a health check of every person prior to their boarding an aircraft for a flight to Canada.

Health check

7 (1) An air carrier conducting the health check must ask questions of every person regarding any signs and symptoms of illness suggesting respiratory infection referred to in the World Health Organization’s document entitled Management of ill travellers at points of entry – international airports, ports and ground crossings – in the context of the COVID-19 outbreak, in particular the following symptoms:

• (a) a fever higher than 38°C or feeling feverish;
• (b) a cough; and
• (c) breathing difficulties.

Additional question

(2) In addition to the health check, the air carrier must ask every person if they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation for air carrier

(3) The air carrier must advise every person not to provide answers to the health check or the additional question in a way they know to be false or misleading.

Exception

8 The air carrier is not required to conduct the health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that symptoms referred to in subsection 7(1) are not related to COVID-19.

Refusal to Board

Prohibition

9 The air carrier is prohibited from allowing a person to board an aircraft if

• (a) the person’s answers to the health check indicate that they may have signs or symptoms of COVID-19;
• (b) the air carrier’s observations during the health check indicate that the person may have signs or symptoms of COVID-19;
• (c) the person’s answer to the additional question asked to them under subsection 7(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsections 7(1) or (2).

Wait period of 14 days

10 A person who is prohibited from boarding under section 9 is not permitted to board an aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they have a medical certificate certifying that any symptoms referred to in subsection 7(1) are not related to COVID-19.

Designated Provisions

Designation

11 (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.

Coming into Force

March 18, 2020

12 (1) Subject to subsection (2), this Interim Order comes into force at noon Eastern Daylight Time on March 18, 2020.

March 19, 2020

(2) Sections 6 to 10 come into force at 00:00:01 a.m. Eastern Daylight Time on March 19, 2020.

SCHEDULE

(Subsections 11(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 4		25,000
Section 6		25,000
Subsection 7(1)		25,000
Subsection 7(2)		25,000
Subsection 7(3)		25,000
Section 9		25,000
Section 10	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2.

Ottawa, March 20, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• immediate family member, in respect of a person, means
  • (a) the spouse or common-law partner of the person;
  • (b) a dependent child of the person or of the person’s spouse or common-law partner;
  • (c) a dependent child of a dependent child referred to in paragraph (b);
  • (d) the parent or step-parent of the person or of the person’s spouse or common-law partner; or
  • (e) the guardian or tutor of the person. (membre de la famille immédiate)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application — international flights other than flights from the United States

2 (1) Sections 3 and 4 of this Interim Order apply to air carriers operating flights to Canada from any country other than the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — flights from the United States

(2) Sections 5 and 6 of this Interim Order apply to air carriers operating flights to Canada from the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations, and to their passengers.

Application — health check for all passengers to Canada

(3) Sections 7 to 11 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

• (a) an air carrier that operates an aircraft with a passenger seating configuration of 20 or more, excluding pilot seats, under Subpart 1 of Part VII of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to the following persons:

• (a) an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
• (b) a person registered as an Indian under the Indian Act;
• (c) a person who is authorized, in writing, by a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members;
• (d) a crew member;
• (e) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person;
• (f) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
• (g) a person who arrives by means of an aircraft operated by the Canadian Forces or the Department of National Defence;
• (h) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;
• (i) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act;
• (j) a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they board;
• (k) a person or any person in a class of persons who, in the opinion of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act
  • (i) does not pose a risk of significant harm to public health, or
  • (ii) will provide an essential service while in Canada;
• (l) a person whose presence in Canada, in the opinion of the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest; or
• (m) a person in transit through Canada to another country.

Flights from the United States

Notification

5 An air carrier must notify every foreign national that they may be prohibited from entering Canada under any of the emergency orders made under the Quarantine Act listed in Schedule 1.

Confirmation

6 Before boarding a flight, a foreign national must confirm that they have read the emergency orders made under the Quarantine Act listed in Schedule 1 and that, to the best of their knowledge, they are not prohibited from entering Canada under any of those orders.

Health Check of All Passengers to Canada

Health check — air carriers

7 Subject to section 9, an air carrier must conduct, at the boarding gate, a health check of every person prior to their boarding an aircraft for a flight to Canada.

Health check

8 (1) An air carrier conducting the health check must ask questions of every person to verify if they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the air carrier must ask every person if they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation for air carrier

(3) The air carrier must advise every person not to provide answers to the health check or the additional question in a way they know to be false or misleading.

Exception

9 The air carrier is not required to conduct the health check for the following persons:

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

Prohibition

10 The air carrier is prohibited from allowing a person to board an aircraft if

• (a) the person’s answers to the health check indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the air carrier observes, during the health check, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked to them under subsection 8(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 8(1) or (2).

Wait period of 14 days

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

Designated Provisions

Designation

12 (1) The provisions of this Interim Order set out in column 1 of Schedule 2 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 2 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

13 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, made on March 17, 2020, is repealed.

Coming into Force

March 21, 2020

14 (1) Subject to subsection (2), this Interim Order comes into force at 00:00:01 a.m. Eastern Daylight Time on March 21, 2020.

March 27, 2020

(2) Section 6 comes into force at noon Eastern Daylight Time on March 27, 2020.

SCHEDULE 1

(Sections 5 and 6)

Emergency Orders made under the Quarantine Act

1	Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

SCHEDULE 2

(Subsections 12(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3		25,000
Section 5		25,000
Section 6	5,000
Section 7		25,000
Subsection 8(1)		25,000
Subsection 8(2)		25,000
Subsection 8(3)		25,000
Section 10		25,000
Section 11	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3.

Ottawa, March 24, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application — international flights other than flights from the United States

2 (1) Sections 3 and 4 of this Interim Order apply to air carriers operating flights to Canada from any country other than the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — flights from the United States

(2) Sections 5 to 8 of this Interim Order apply to air carriers operating flights to Canada from the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations, and to their passengers.

Application — health check for all passengers to Canada

(3) Sections 9 to 13 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

• (a) an air carrier that operates an aircraft with a passenger seating configuration of 20 or more, excluding pilot seats, under Subpart 1 of Part VII of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 (1) Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 An air carrier must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check of All Passengers to Canada

Health check — air carriers

9 Subject to section 11, an air carrier must conduct, at the boarding gate, a health check of every person prior to their boarding an aircraft for a flight to Canada.

Health check

10 (1) An air carrier conducting the health check must ask questions of every person to verify if they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the air carrier must ask every person if they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation for air carrier

(3) The air carrier must advise every person not to provide answers to the health check or the additional question in a way they know to be false or misleading.

Exceptions

11 The air carrier is not required to conduct the health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that symptoms referred to in subsection 10(1) are not related to COVID-19.

Prohibition

12 The air carrier is prohibited from allowing a person to board an aircraft if

• (a) the person’s answers to the health check indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the air carrier observes, during the health check, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked to them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 10(1) or (2).

Wait period of 14 days

13 A person who is prohibited from boarding under section 12 is not permitted to board an aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they have a medical certificate certifying that any symptoms referred to in subsection 10(1) that the person is exhibiting are not related to COVID-19.

Designated Provisions

Designation

14 (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

15 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2, made on March 20, 2020, is repealed.

Coming into Force

March 24, 2020

16 (1) Subject to subsection (2), this Interim Order comes into force at noon Eastern Daylight Time on March 24, 2020.

March 27, 2020

(2) Sections 6 to 8 comes into force at noon Eastern Daylight Time on March 27, 2020.

SCHEDULE

(Subsections 14(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3		25,000
Section 5		25,000
Section 6	5,000
Section 7		25,000
Section 8	5,000
Section 9		25,000
Subsection 10(1)		25,000
Subsection 10(2)		25,000
Subsection 10(3)		25,000
Section 12		25,000
Section 13	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act^{footnote g}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4.

Ottawa, April 6, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application — international flights other than flights from the United States

2 (1) Sections 3 and 4 of this Interim Order apply to air carriers operating flights to Canada from any country other than the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — flights from the United States

(2) Sections 5 to 8 of this Interim Order apply to air carriers operating flights to Canada from the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations, and to their passengers.

Application — health check

(3) Sections 9 to 13 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

• (a) an air carrier that operates an aircraft with a passenger seating configuration of 20 or more, excluding pilot seats, under Subpart 1 of Part VII of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 (1) Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 An air carrier must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — air carriers

9 Subject to section 11, an air carrier must conduct a health check of every person boarding an aircraft for a flight to Canada that the air carrier operates.

Health check

10 (1) An air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of air carrier

(3) The air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

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

Observations — air carrier

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

Exceptions

11 The air carrier is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Prohibition

12 An air carrier is prohibited from allowing a person to board an aircraft for a flight that the air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the air carrier observes, during the boarding process, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 10(1) or (2).

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

14 (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

15 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3, made on March 24, 2020, is repealed.

SCHEDULE

(Subsections 14(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3		25,000
Section 5		25,000
Section 6	5,000
Section 7		25,000
Section 8	5,000
Section 9		25,000
Subsection 10(1)		25,000
Subsection 10(2)		25,000
Subsection 10(3)		25,000
Subsection 10(4)	5,000
Subsection 10(5)		25,000
Section 12		25,000
Section 13	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5.

Ottawa, April 9, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada, and to their passengers:

• (a) a private operator that operates an aircraft under Subpart 4 of Part VI of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

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

Observations — private operator or air carrier

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

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Prohibition

12 A private operator or air carrier is prohibited from allowing a person to board an aircraft for a flight that the private operator or air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the private operator or air carrier observes, during the boarding process, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 10(1) or (2).

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

14 (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

15 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4, made on April 6, 2020, is repealed.

SCHEDULE

(Subsections 14(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 5	5,000	25,000
Section 6	5,000
Section 7	5,000	25,000
Section 8	5,000
Section 9	5,000	25,000
Subsection 10(1)	5,000	25,000
Subsection 10(2)	5,000	25,000
Subsection 10(3)	5,000	25,000
Subsection 10(4)	5,000
Subsection 10(5)	5,000	25,000
Section 12	5,000	25,000
Section 13	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6.

Ottawa, April 17, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada, and to their passengers:

• (a) a private operator that operates an aircraft under Subpart 4 of Part VI of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

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

Observations — private operator or air carrier

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

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Prohibition

12 A private operator or air carrier is prohibited from allowing a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the private operator or air carrier observes, during the boarding process, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 10(1) or (2).

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Application

14 (1) Subject to subsection (2), sections 15 to 22 apply beginning on April 20, 2020 at 12:00 p.m. Eastern Daylight Time.

Non-application

(2) Sections 15 to 22 do not apply to

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove a face mask without assistance.

Definition of face mask

(3) For the purposes of sections 15 to 22, a face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely and comfortably cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

• (a) the person must be in possession of a face mask prior to boarding;
• (b) the person must wear the face mask at all times during the flight when they are 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose; and
• (c) the person must comply with any instructions given by a crew member with respect to wearing a face mask.

Confirmation

16 Every person must confirm to the private operator or air carrier prior to boarding a flight to Canada that they are in possession of a face mask.

False declaration

17 A person must not provide a confirmation under section 16 that they know to be false or misleading.

Verification

18 During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must verify that every person boarding the flight is in possession of a face mask.

Wearing of face mask

19 (1) A private operator or air carrier must require a person, other than a crew member, to wear a face mask at all times during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the person could be endangered by wearing a face mask;
• (b) when the person is eating, drinking or taking oral medications; or
• (c) when a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances.

Compliance

20 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

21 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 16;
• (b) the private operator or air carrier cannot verify under section 18 that the person is in possession of a face mask; or
• (c) the person refuses to comply with an instruction given by a crew member in accordance with section 20.

Refusal to comply

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

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (iii) the person’s seat number on the flight, 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).

Designated Provisions

Designation

23 (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

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5, made on April 9, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 5	5,000	25,000
Section 6	5,000
Section 7	5,000	25,000
Section 8	5,000
Section 9	5,000	25,000
Subsection 10(1)	5,000	25,000
Subsection 10(2)	5,000	25,000
Subsection 10(3)	5,000	25,000
Subsection 10(4)	5,000
Subsection 10(5)	5,000	25,000
Section 12	5,000	25,000
Section 13	5,000
Section 15	5,000	25,000
Section 16	5,000
Section 17	5,000
Section 18	5,000	25,000
Subsection 19(1)	5,000	25,000
Section 20	5,000
Section 21	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7.

Ottawa, April 30, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada, and to their passengers:

• (a) a private operator that operates an aircraft under Subpart 4 of Part VI of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

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

Observations — private operator or air carrier

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

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Prohibition

12 A private operator or air carrier is prohibited from allowing a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the private operator or air carrier observes, during the boarding process, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 10(1) or (2).

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Non-application

14 (1) Sections 15 to 22 do not apply to

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove a face mask without assistance.

Definition of face mask

(2) For the purposes of sections 15 to 22, a face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely and comfortably cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

• (a) the person must be in possession of a face mask prior to boarding;
• (b) the person must wear the face mask at all times during the flight when they are 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose; and
• (c) the person must comply with any instructions given by a crew member with respect to wearing a face mask.

Confirmation

16 Every person must confirm to the private operator or air carrier prior to boarding a flight to Canada that they are in possession of a face mask.

False declaration

17 A person must not provide a confirmation under section 16 that they know to be false or misleading.

Verification

18 During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must verify that every person boarding the flight is in possession of a face mask.

Wearing of face mask

19 (1) A private operator or air carrier must require a person, other than a crew member, to wear a face mask at all times during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the person could be endangered by wearing a face mask;
• (b) when the person is eating, drinking or taking oral medications; or
• (c) when a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances.

Compliance

20 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

21 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 16;
• (b) the private operator or air carrier cannot verify under section 18 that the person is in possession of a face mask; or
• (c) the person refuses to comply with an instruction given by a crew member in accordance with section 20.

Refusal to comply

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

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (iii) the person’s seat number on the flight, 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).

Designated Provisions

Designation

23 (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

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6, made on April 17, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 5	5,000	25,000
Section 6	5,000
Section 7	5,000	25,000
Section 8	5,000
Section 9	5,000	25,000
Subsection 10(1)	5,000	25,000
Subsection 10(2)	5,000	25,000
Subsection 10(3)	5,000	25,000
Subsection 10(4)	5,000
Subsection 10(5)	5,000	25,000
Section 12	5,000	25,000
Section 13	5,000
Section 15	5,000	25,000
Section 16	5,000
Section 17	5,000
Section 18	5,000	25,000
Subsection 19(1)	5,000	25,000
Section 20	5,000
Section 21	5,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote c} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9.

Ottawa, May 26, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9

Interpretation

Definitions

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

COVID-19 means the coronavirus disease 2019. (COVID-19)

• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada and to their passengers:

• (a) a private operator that operates an aircraft under Subpart 4 of Part VI of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from any country other than the United States.

Exceptions

4 Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional question must

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

Observations — private operator or air carrier

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

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Prohibition

12 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the private operator or air carrier observes, during the boarding process, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 10(1) or (2).

Waiting period of 14 days

13 A person who is prohibited from boarding under section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Non-application

14 (1) Sections 15 to 22 do not apply to the following persons:

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious; or
• (d) a person who is unable to remove a face mask without assistance.

Definition of face mask

(2) For the purposes of sections 15 to 22, a face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

• (a) the person must be in possession of a face mask prior to boarding;
• (b) the person must wear the face mask at all times during the flight when they are 2 m or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves this purpose; and
• (c) the person must comply with any instructions given by a crew member with respect to wearing a face mask.

Confirmation

16 Every person must confirm to the private operator or air carrier prior to boarding a flight to Canada that they are in possession of a face mask.

False declaration

17 A person must not provide a confirmation under section 16 that they know to be false or misleading.

Verification

18 During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must verify that every person boarding the flight is in possession of a face mask.

Wearing of face mask

19 (1) A private operator or air carrier must require a person, other than a crew member, to wear a face mask at all times during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves this purpose.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the person could be endangered by wearing a face mask;
• (b) when the person is eating, drinking or taking oral medications; or
• (c) when a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances.

Compliance

20 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

21 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 16;
• (b) the private operator or air carrier cannot verify under section 18 that the person is in possession of a face mask; or
• (c) the person refuses to comply with an instruction given by a crew member in accordance with section 20.

Refusal to comply

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

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (iii) the person’s seat number on the flight, 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).

Designated Provisions

Designation

23 (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

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 8, made on May 13, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 5	5,000	25,000
Section 6	5,000
Section 7	5,000	25,000
Section 8	5,000
Section 9	5,000	25,000
Subsection 10(1)	5,000	25,000
Subsection 10(2)	5,000	25,000
Subsection 10(3)	5,000	25,000
Subsection 10(4)	5,000
Subsection 10(5)	5,000	25,000
Section 12	5,000	25,000
Section 13	5,000
Section 15	5,000	25,000
Section 16	5,000
Section 17	5,000
Section 18	5,000	25,000
Subsection 19(1)	5,000	25,000
Section 20	5,000
Section 21	5,000	25,000
Section 22	5,000	25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10 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 4.71^{footnote a} and 4.9^{footnote b}, paragraphs 7.6(1)(a)^{footnote h} and (b)^{footnote d} and section 7.7^{footnote e} of the Aeronautics Act^{footnote f};

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote g} of the Aeronautics Act^{footnote f}, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10.

Ottawa, June 4, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10

Interpretation

Definitions

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

• COVID-19 means the coronavirus disease 2019. (COVID-19)
• face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
• foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. (étranger)
• Regulations means the Canadian Aviation Regulations. (Règlement)

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, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada and to their passengers:

• (a) a private operator that operates an aircraft under Subpart 4 of Part VI of the Regulations; and
• (b) an air carrier that operates an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier must not permit a foreign national to board a flight to Canada departing from any country other than the United States.

Exceptions

4 Section 3 does not apply to

• (a) a foreign national who is permitted to enter Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States); or
• (b) a foreign national in transit through Canada to another country.

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier must not permit a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

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

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional question must

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

Observations — private operator or air carrier

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

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

• (a) a crew member; or
• (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Prohibition

12 A private operator or air carrier must not permit a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the private operator or air carrier observes, during the boarding process, that the person is exhibiting
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 10(1) or (2).

Waiting period of 14 days

13 A person who is not permitted to board under section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Non-application

14 Sections 15 to 20 do not apply to the following persons:

• (a) an infant;
• (b) a person who has breathing difficulties unrelated to COVID-19;
• (c) a person who is unconscious;
• (d) a person who is unable to remove their face mask without assistance; or
• (e) a crew member.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

• (a) the person must be in possession of a face mask prior to boarding;
• (b) the person must wear the face mask at all times during the boarding process and during the flight when they are 2 m or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves this purpose; and
• (c) the person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Obligation to possess face mask

16 Every person must be in possession of a face mask prior to boarding a flight to Canada.

Wearing of face mask — persons

17 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

• (a) when the only other persons who are 2 m or less from the person are occupants of the person’s dwelling-house or other place that serves this purpose;
• (b) when the safety of the person could be endangered by wearing a face mask;
• (c) when the person is eating, drinking or taking oral medications;
• (d) when a gate agent or a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances; or
• (e) when a gate agent authorizes the removal of the face mask to verify the person’s identity.

Exceptions — flight deck

(3) Subsection (1) does not apply to 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 performing their duties;
• (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the private operator or air carrier; or
• (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

18 A person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

19 A private operator or air carrier must not permit a person to board a flight to Canada that the private operator or air carrier operates if

• (a) the person is not in possession of a face mask; or
• (b) the person refuses to comply with an instruction given by a gate agent or a crew member in accordance with section 18.

Refusal to comply

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

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (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).

Wearing of face mask — crew members

21 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight to Canada that the private operator or air carrier operates when the crew member is 2 m or less from another person.

Exceptions – crew member

(2) Subsection (1) does not apply

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

Exception — flight deck

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

Wearing of face mask — gate agents

22 (1) Subject to subsection (2), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight to Canada that the private operator or air carrier operates when the gate agent is 2 m or less from another person.

Exceptions

(2) Subsection (1) does not apply

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

Designated Provisions

Designation

23 (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

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9, made on May 26, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Section 3	5,000	25,000
Section 5	5,000	25,000
Section 6	5,000
Section 7	5,000	25,000
Section 8	5,000
Section 9	5,000	25,000
Subsection 10(1)	5,000	25,000
Subsection 10(2)	5,000	25,000
Subsection 10(3)	5,000	25,000
Subsection 10(4)	5,000
Subsection 10(5)	5,000	25,000
Section 12	5,000	25,000
Section 13	5,000
Section 15	5,000	25,000
Section 16	5,000
Subsection 17(1)	5,000	25,000
Section 18	5,000
Section 19	5,000	25,000
Section 20	5,000	25,000
Subsection 21(1)	5,000	25,000
Subsection 22(1)	5,000	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, 2020

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, 2020 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 pursuant to paragraphs 35.1(1)(k)^{footnote i} and 136(1)(f)^{footnote j} of the Canada Shipping Act, 2001^{footnote h};

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)^{footnote k} of the Canada Shipping Act, 2001 ^{footnote h}, makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020.

Ottawa, May 31, 2020

Marc Garneau
Minister of Transport

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020

Interpretation

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, 2020, a vessel must not approach within 400 m of a killer whale in the waters described 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 paragraphs 3(2)(a) to (e).

Prohibition — persons

3 (1) Beginning on June 1, 2020, a person operating a vessel must not approach within 400 m of a killer whale in the waters described in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to:

• (a) an employee of the Government of Canada or 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 paragraphs 2(2)(a) to (e).

Interim Sanctuary Zones

Prohibition — vessels

4 (1) During the period beginning on June 1, 2020 and ending on November 30, 2020, a vessel must not navigate in the waters described 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 described 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 described in Schedule 2,
  • (iii) a location on Pender Island or Saturna Island and a mooring buoy located in the waters described in Schedule 2, or
  • (iv) a mooring buoy located in the waters described 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 described in items 1 and 3 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 for food, social or ceremonial purposes, or for domestic purposes, under a treaty within the meaning of section 35 of the Constitution Act, 1982 or a licence issued under the Aboriginal Communal Fishing Licences Regulations; or
• (g) a vessel carrying any person referred to in paragraphs 5(2)(a) to (h).

Prohibition — persons

5 (1) During the period beginning on June 1, 2020 and ending on November 30, 2020, a person must not operate a vessel in the waters described in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to:

• (a) an employee of the Government of Canada or 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 for food, social or ceremonial purposes, or for domestic purposes, under a treaty within the meaning of section 35 of the Constitution Act, 1982 or a licence issued under the Aboriginal Communal Fishing Licences Regulations;
• (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 paragraphs 4(2)(a) to (g).

Authorizations

Authorization — whale-watching

6 (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 described 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 described in Schedule 1; or
• (b) an authorization to navigate or operate a vessel in the waters described 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), 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.

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 all applicable requirements of the Canada Shipping Act, 2001, the Oceans Act and the Fisheries Act, and any regulations made under those Acts; or
• (d) the Minister considers it necessary to protect killer whales or the marine environment or for marine safety.

SCHEDULE 1

(Subsections 2(1), 3(1) and 6(1) and paragraph 6(2)(a))

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°23.063′N	123°31.823′W	[Gower Point];
then to	49°22.227′N	123°25.630′W	[King Edward Bay];
then to	49°21.475′N	123°20.083′W	[Apodaca Cove];
then to	49°20.933′N	123°16.172′W	[south Eagle Harbour];
then to	49°18.820′N	123°07.712′W	[north First Narrows];
then to	49°18.323′N	123°07.928′W	[south First Narrows];
then to	49°16.930′N	123°08.525′W	[Sunset Beach];
then to	49°16.725′N	123°08.610′W	[Kitsilano Beach];
then to	49°13.860′N	123°12.583′W	[north North Arm];
then to	49°13.526′N	123°13.303′W	[south North Arm];
then to	49°13.440′N	123°13.468′W	[south Iona Island];
then to	49°05.060′N	123°10.770′W	[west 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°46.985′N	125°12.587′W	[Cape Beale];
then to	48°45.433′N	125°07.733′W	[Mabens Beach];
then to	48°40.605′N	124°52.768′W;
then to	48°40.048′N	124°50.997′W;
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 6(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. 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°34.000′N	124°54.200′W	[northeast boundary];
then to	48°32.100′N	124°49.583′W	[southeast boundary];
then to	48°32.100′N	125°01.760′W	[southwest boundary];
then to	48°34.000′N	125°06.000′W	[northwest boundary].

3. 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].

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order Restricting Pleasure Craft Navigation Due to COVID-19

Whereas the Minister of Transport believes that the annexed Interim Order Restricting Pleasure Craft Navigation Due to COVID-19 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 Interim Order may be contained in a regulation made pursuant to subsection 120(1)^{footnote l} and paragraphs 136(1)(f)^{footnote j} and (h)^{footnote j} and 244(f)^{footnote m} of the Canada Shipping Act, 2001^{footnote h};

Therefore, the Minister of Transport, pursuant to section 10.1^{footnote k} of the Canada Shipping Act, 2001 ^{footnote h}, makes the annexed Interim Order Restricting Pleasure Craft Navigation Due to COVID-19.

Ottawa, May 30, 2020

Marc Garneau
Minister of Transport

Interim Order Restricting Pleasure Craft Navigation Due to COVID-19

Definitions

Definitions

1 The following definitions apply in this Interim Order.

• arctic waters means
  • (a) the Canadian waters located north of the 60th parallel of north latitude; and
  • (b) the territorial sea of Canada in the vicinity of Nunatsiavut, Nunavik and the Labrador coast. (eaux arctiques)
• COVID-19 means the coronavirus disease 2019. (COVID-19)
• foreign pleasure craft means a pleasure craft in respect of which a registration number, licence or other document has been issued, under the laws of a foreign state, granting it the right to fly the flag of that state, or that otherwise has the right to fly the flag of a foreign state. (embarcation de plaisance étrangère)
• Minister means the Minister of Transport. (ministre)

Overview

Purpose

2 This Interim Order temporarily restricts the operation of pleasure craft in certain arctic waters to promote the safe navigation of vessels by ensuring that limited marine assets and personnel are available for critical marine resupply operations in the Arctic during the COVID-19 pandemic. It also protects the public interest by protecting health care infrastructure in the Arctic.

Prohibition

Prohibition — general

3 (1) Beginning on June 1, 2020, a person, including the owner of a pleasure craft, must not operate a pleasure craft in arctic waters, other than rivers and lakes.

Prohibition — owner

(2) Beginning on June 1, 2020, the owner of a pleasure craft must not allow another person to operate the pleasure craft in arctic waters, other than rivers and lakes.

Exceptions — general

(3) Subsection (1) does not apply to a person that is

• (a) in distress or providing assistance to another vessel or person in distress;
• (b) forced to operate the pleasure craft to avoid immediate danger;
• (c) operating a foreign pleasure craft that is exercising the right of innocent passage in accordance with international law and article 19 of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982;
• (d) using the pleasure craft to give themselves or another person access to the following, if using a pleasure craft is the most practical means of doing so:
  • (i) their dwelling-house or the place that serves this purpose, or their place of employment,
  • (ii) essential goods and services, including
  • (A) goods or services directly related to the response to COVID-19, including medical equipment, testing and laboratory services,
  • (B) essential health services, including primary health care services and pharmacies, and
  • (C) food, clean water, pharmaceuticals and fuel, and
  • (iii) services that are declared to be essential services by the Government of Canada, a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, community or people;
• (e) using a pleasure craft for subsistence fishing, harvesting or hunting; or
• (f) a member of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 and who is using a pleasure craft to exercise those rights.

Exceptions — owner

(4) Subsection (2) does not apply to an owner who allows another person to operate a pleasure craft in any of the situations set out in subsection (3).

Non-Application

Use by local communities

4 This Interim Order does not apply in respect of pleasure craft used by local communities.

Foreign Pleasure Craft

Obligation to give notice

5 (1) At least 60 days before the expected date of arrival in arctic waters, other than lakes and rivers, of a foreign pleasure craft described in paragraph 3(3)(c), the operator must give written notice to the Minister of the arrival of the pleasure craft in those waters.

Conditions

(2) The Minister may impose any conditions that the Minister considers appropriate in respect of a foreign pleasure craft for which notice has been given.

Responsibility of operator

(3) The operator must ensure that all persons on board the foreign pleasure craft comply with any conditions that the Minister imposes.

Ministerial Exemptions

International obligations and external affairs of Canada

6 (1) The Minister may, in writing, exempt a person from the application of any of the prohibitions set out in this Interim Order if

• (a) after consulting with the Minister of Foreign Affairs, the Minister determines that the exemption is necessary to ensure
  • (i) that Canada meets its international obligations, or
  • (ii) the proper conduct of the external affairs of Canada; and
• (b) the Minister determines that public health and safety and the protection of the marine environment will, to the extent possible, be maintained.

Recreational boaters

(2) The Minister may, in writing, exempt a person from the application of any of the prohibitions set out in this Interim Order if

• (a) after consulting with the government of any affected province or territory, the Minister determines that the exemption is necessary to allow for the viable, effective and economical use of Canadian waters by recreational boaters; and
• (b) the Minister determines that public health and safety and the protection of the marine environment will, to the extent possible, be maintained.

Application for exemption

(3) A person may apply to the Minister for an exemption under subsection (1) or (2).

Conditions of exemption

(4) An exemption is subject to any conditions that the Minister considers appropriate.

Amending conditions

(5) The Minister may add, amend or remove conditions if the Minister determines that it is necessary to do so for public health or safety or the protection of the marine environment.

Exemption on board

(6) A person to whom an exemption has been granted must keep that exemption on board a pleasure craft while they are using it.

Suspension or revocation

(7) The Minister may suspend or revoke an exemption if

• (a) the person to whom it was granted knowingly provided false or misleading information to obtain it;
• (b) a condition to which the exemption was subject is not complied with, and the non-compliance constitutes a risk to public health or safety or to the marine environment; or
• (c) the Minister determines that the suspension or revocation is necessary for public health or safety or the protection of the marine environment.

Notice

(8) If the Minister suspends or revokes an exemption, the Minister must give notice in writing to the person to whom the exemption had been granted.

Publication — Canada Gazette

(9) Notice of every exemption granted under subsection (1) or (2) must be published in the Canada Gazette.

Enforcement

Persons ensuring compliance

7 (1) The following persons are authorized to ensure compliance with this Interim Order:

• (a) a marine safety inspector;
• (b) a member of the Royal Canadian Mounted Police;
• (c) a member of any harbour or river police force; and
• (d) a member of any provincial, county or municipal police force.

Powers and duties

(2) An authorized person may

• (a) prohibit the movement of any pleasure craft or direct it to be moved;
• (b) stop and board any pleasure craft at any reasonable time and
  • (i) direct any person to answer reasonable questions and provide reasonable assistance, and
  • (ii) require any person to provide, for examination, any document that the person is required to have in their possession or that is required to be kept on board; and
• (c) verify by any means that the requirements of this Interim Order are met.

Obligation to comply

8 A person must comply with any prohibition, direction or requirement referred to in subsection 7(2).

Violations

Violations

9 A person that contravenes this Interim Order commits a violation and is liable to a penalty in the amount of

• (a) in the case of an individual, $5,000; and
• (b) in the case of any other person, $25,000.

Repeal

10 This Interim Order is repealed on October 31, 2020.

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.

Position	Organization	Closing date
Member	Atlantic Pilotage Authority
Chairperson	Canada Council for the Arts
President and Chief Executive Officer	Canada Lands Company Limited
Member (Federal)	Canada-Newfoundland and Labrador Offshore Petroleum Board
Chief Executive Officer	Canadian Centre on Substance Abuse
President	Canadian Commercial Corporation
Chief Executive Officer	Canadian Energy Regulator
Commissioner (full-time), Commissioner (part-time)	Canadian Energy Regulator
Director	Canadian Energy Regulator
Chief Commissioner	Canadian Grain Commission
Commissioner	Canadian Grain Commission
Member	Canadian Human Rights Tribunal
Chairperson	Canadian International Trade Tribunal
Director	Canadian Museum for Human Rights
Permanent Member	Canadian Nuclear Safety Commission
Executive Director	Canadian Race Relations Foundation
Member (Alberta and Northwest Territories)	Canadian Radio-television and Telecommunications Commission
Member (Atlantic and Nunavut)	Canadian Radio-television and Telecommunications Commission
President	Canadian Space Agency
Chairperson	Canadian Transportation Agency
Temporary Member	Canadian Transportation Agency
President	Destination Canada
Director	Export Development Canada
Chairperson	Federal Public Sector Labour Relations and Employment Board
Vice-Chairperson	Federal Public Sector Labour Relations and Employment Board
Chairperson	Great Lakes Pilotage Authority Canada
Director (Federal)	Hamilton-Oshawa Port Authority
Members (appointment to roster)	International Trade and International Investment Dispute Settlement Bodies
Chairperson	Marine Atlantic Inc.
Director (Federal)	Nanaimo Port Authority
Secretary	National Battlefields Commission
Taxpayers’ Ombudsman	Office of the Taxpayers’ Ombudsman
Member	Payments in Lieu of Taxes Dispute Advisory Panel
Chairperson	Polar Knowledge Canada
Member	Polar Knowledge Canada
President	Polar Knowledge Canada
Director	Public Sector Pension Investment Board
President	Social Sciences and Humanities Research Council of Canada
Registrar	Supreme Court of Canada
Member	Transportation Appeal Tribunal of Canada
Vice-Chairperson	Transportation Appeal Tribunal of Canada
Member	Transportation Safety Board of Canada