Canada Gazette, Part I, Volume 154, Number 43: GOVERNMENT NOTICES

October 24, 2020

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guidelines for Canadian drinking water quality for dicamba

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of proposed guidelines for dicamba in drinking water. The proposed guideline document is available for comments from October 23, 2020, to December 21, 2020, on the Health Canada consultation web page. Any person may, within 60 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.

October 23, 2020

David Morin
Director General
Safe Environments Directorate
On behalf of the Minister of Health

ANNEX

Proposed guideline

A maximum acceptable concentration (MAC) of 0.11 mg/L (110 μg/L) is proposed for dicamba 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 the assessment of dicamba completed by Health Canada’s Pest Management Regulatory Agency.

Exposure

Dicamba is a selective systemic herbicide registered for use on lawn and turf, as well as on industrial and agricultural sites. In 2016 (the most recent year for which data are available), more than 100 000 kg of dicamba (as an active ingredient) was sold in Canada. Dicamba is released into the environment as surface run-off, through spray drift, and due to leaching from soils. It has the potential to leach into groundwater or move into surface water.

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

Health effects

In general, dicamba has a low acute toxicity and repeated dose studies in animals tend to show mostly mild effects such as decreased body weight, decreased food consumption and behavioural effects. The proposed MAC of 0.11 mg/L (110 µg/L) is based on alterations in clinical chemistry and inflammation of the prostate seen in a one-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 dicamba in water at concentrations well below the proposed MAC.

At the municipal level, treatment technologies are available to effectively decrease dicamba concentrations in drinking water. Advanced oxidation processes achieved the highest removal, with lower removals achieved through oxidation. When using these degradation processes, utilities should be aware of the potential formation of degradation by-products. Fewer studies were available on activated carbon adsorption and membrane processes; however, these technologies may be effective. Pilot- and/or bench-scale testing are recommended prior to full-scale implementation.

In cases where dicamba 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. Adsorption (activated carbon) represents the best potential technologies for dicamba removal, while reverse osmosis might also 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 dicamba 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 affected jurisdiction.

The proposed guideline is protective against health effects from exposure to dicamba in drinking water over a lifetime. Any exceedance of the proposed MAC should be investigated and followed by the appropriate corrective actions if required. For exceedances in source water where there is no treatment in place, additional monitoring to confirm the exceedance should be conducted. If it is confirmed that dicamba concentrations in the water source are above the proposed MAC, then an investigation to determine the most appropriate way to reduce exposure to dicamba 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 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 has set a guideline value of 0.1 mg/L for dicamba in drinking water based on maternal toxicity (decreased body weights) in rabbits in a short-term developmental toxicity study. The United States Environmental Protection Agency does not have a regulatory value for dicamba nor does the World Health Organization.

The European Union (EU) does not have a specific parametric value for individual pesticides. Instead, the EU has a value of 0.1 µg/L for any individual (single) pesticide, and a value of 0.5 µg/L for total pesticides found in drinking water. In establishing these values, the EU did not consider the science related to each pesticide, including health effects. Instead, the values are based on a policy decision to keep pesticides out of drinking water.

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 10

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation 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 4.71footnote a and 4.9footnote b, paragraphs 7.6(1)(a)footnote c and (b)footnote d and section 7.7footnote e of the Aeronautics Actfootnote f;

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 10.

Ottawa, October 9, 2020

Marc Garneau
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 10

Interpretation

Definitions

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

  • aerodrome security personnel has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
  • air carrier means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
  • checked baggage has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)
  • COVID-19 means the coronavirus disease 2019. (COVID-19)
  • document of entitlement has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
  • elevated temperature means a temperature within the range set out in the standards. (température élevée)
  • 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)
  • non-passenger screening checkpoint has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
  • passenger screening checkpoint has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
  • peace officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
  • Regulations means the Canadian Aviation Regulations. (Règlement)
  • restricted area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
  • screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
  • standards means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister, as amended from time to time. (normes)

Interpretation

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

Conflict

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

Notification

Federal, provincial and territorial measures

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

Quarantine Act Order — other country except United States

(2) A private operator or air carrier operating a flight to Canada departing from any other country except the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under 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).

Quarantine Act Order — United States

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

False declarations

(4) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1), (2) or (3) that they know to be false or misleading.

Confirmation

Federal, provincial and territorial measures

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

Quarantine Act Order — other country except United States

(2) Before boarding an aircraft for a flight to Canada departing from any other country except the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(2).

Quarantine Act Order — United States

(3) Before boarding an aircraft for a flight to Canada departing from the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(3).

False declaration

(4) A person must not provide a confirmation under subsection (1), (2) or (3) that they know to be false or misleading.

Exception

(5) A competent adult may provide a confirmation referred to in subsection (1), (2) or (3) on behalf of a person who is not a competent adult.

Prohibition

4 A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must not permit a person to board the aircraft for the flight if the person is a competent adult and does not provide a confirmation that they are required to provide under subsection 3(1), (2) or (3).

Foreign Nationals

Prohibition

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

Exception

6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an Order referred to in subsection 2(2) or (3).

Health Check

Non-application

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

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

Health check

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

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

Additional questions

(2) In addition to the health check, the private operator or air carrier must ask every person boarding an aircraft for a flight that the private operator or air carrier operates

  • (a) whether they have, or suspect they have, COVID-19;
  • (b) whether they have been not permitted to board an aircraft in the previous 14 days for a medical reason related to COVID-19; and
  • (c) in the case of a flight departing in Canada, whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

Notification

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

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

False declaration — obligation of private operator or air carrier

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

False declaration — obligations of person

(5) 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.

Exception

(6) A competent adult may answer all questions on behalf of a person who is not a competent adult and who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions.

Observations — private operator or air carrier

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

Prohibition

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

  • (a) the person’s answers to the health check questions indicate that they exhibit
    • (i) a fever and cough, or
    • (ii) a fever and breathing difficulties;
  • (b) the private operator or air carrier observes that, as they are boarding, the person exhibits
    • (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 8(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 8(1) or (2).

Period of 14 days

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

Temperature Screening — Flights to Canada

Application

11 (1) Sections 12 to 18 apply to an air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 12 to 18 do not apply to either of the following persons:

  • (a) an infant;
  • (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement

12 (1) An air carrier must conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) The air carrier must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Notification

13 (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation

(2) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

14 (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must

  • (a) not permit the person to board the aircraft; and
  • (b) notify the person that they are not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the air carrier must not permit the person to board the aircraft.

Period of 14 days

15 A person who is not permitted to board an aircraft under section 14 is not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

16 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under subsection 12(2) to ensure that the equipment is in proper operating condition.

Requirement — training

17 An air carrier must ensure that the person using the equipment to conduct temperature screenings under subsection 12(2) has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

18 (1) An air carrier must keep a record of the following information in respect of each flight it operates:

  • (a) the number of persons who were not permitted to board the aircraft under paragraph 14(1)(a);
  • (b) the date and flight number;
  • (c) the make and model of the equipment that the air carrier used to conduct the temperature screenings under subsection 12(2);
  • (d) the date and time that that equipment was last calibrated and last maintained, as well as the name of the person who performed the calibration or maintenance; and
  • (e) the results of the last calibration and the activities performed during the last maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) An air carrier must keep a record of the name of every person who has received training under section 17, as well as the contents of the training.

Retention period

(3) The air carrier must retain the records referred to in subsection (1) for a period of 90 days after the day of the flight.

Ministerial access

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

Temperature Screening — Aerodromes in Canada

Definition of screening authority

19 (1) For the purposes of this section and sections 20 to 30, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Application

(2) Sections 20 to 30 apply to all of the following persons:

  • (a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 1 from a non-restricted area;
  • (b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 1;
  • (c) the operator of an aerodrome listed in Schedule 1;
  • (d) a screening authority at an aerodrome listed in Schedule 1;
  • (e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 1.

Non-application

(3) Sections 20 to 30 do not apply to any of the following persons:

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

Requirement

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

Requirement — temperature screening

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

Second screening

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

Notification — consequence of elevated temperature

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

Confirmation — consequence of elevated temperature

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

Prohibition — elevated temperature

23 (1) If the temperature screening conducted under subsection 21(2) indicates that the person has an elevated temperature, the screening authority must

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

Prohibition — refusal

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

Period of 14 days

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

Denial — person intending to board aircraft

25 (1) If, under section 23, a screening authority denies entry to a restricted area to a person who intends to board an aircraft for a flight, other than a crew member, the screening authority must, for the purpose of paragraph 25(4)(a), notify the air carrier operating the flight that that person has been denied entry to the restricted area and provide the person’s name and flight number to the air carrier.

Denial — person not intending to board aircraft

(2) If, under section 23, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight, the screening authority must, for the purpose of subsection 25(5), provide the following information to the operator of the aerodrome:

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

Denial — crew member

(3) If, under section 23, a screening authority denies entry to a restricted area to a crew member, the screening authority must provide the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

Denial — air carrier requirements

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

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

Denial — aerodrome operator requirement

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

Prohibition — restricted area

(6) If, under section 23, a screening authority denies entry to a restricted area to a crew member or to a person who does not intend to board an aircraft for a flight, the crew member or that person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

26 A screening authority must ensure that the equipment that it uses to conduct temperature screenings under section 21 is calibrated and maintained so that the equipment is in proper operating condition.

Requirement — training

27 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 21 has been trained to operate that equipment and interpret the data that it produces.

Record keeping — equipment

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

  • (a) the number of persons who are denied entry under paragraph 23(1)(a) at a passenger screening checkpoint;
  • (b) the number of persons who are denied entry under paragraph 23(1)(a) at a non-passenger screening checkpoint;
  • (c) the flight number of any person who is denied entry under paragraph 23(1)(a) at a passenger screening checkpoint and the date on which the person was denied entry;
  • (d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 21;
  • (e) the date and time when that equipment was calibrated and maintained, as well as the name of the person who performed the calibration or maintenance; and
  • (f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) The screening authority must keep a record of the name of every person who has received training under section 27, as well as the contents of the training.

Ministerial access

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

Temperature screening facilities

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

Requirement — air carrier representative

30 An air carrier must ensure that the screening authority at the aerodrome has been provided with the name and telephone number of the on-duty representative of the air carrier for the purpose of facilitating the return of checked baggage to persons who are denied entry to a restricted area under section 23.

Face Masks

Non-application

31 Sections 32 to 37 do not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
  • (c) a person who is unconscious;
  • (d) a person who is unable to remove their face mask without assistance;
  • (e) a crew member;
  • (f) a gate agent.

Notification

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

  • (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, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building when they are two metres 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

33 Every person must be in possession of a face mask prior to boarding an aircraft for a flight.

Wearing of face mask — persons

34 (1) Subject to subsections (2) to (4), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the person is two metres or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

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

Exceptions — flight deck

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

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

Exception — physical barrier

(4) During the boarding process, subsection (1) does not apply to a person if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Compliance

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

Prohibition — private operator or air carrier

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

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

Refusal to comply

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

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

38 (1) Subject to subsections (2) to (4), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the crew member is two metres 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 drinking, eating or taking oral medications.

Exception — flight deck

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

Exception — physical barrier

(4) During the boarding process, subsection (1) does not apply to a crew member if the crew member is two metres or less from another person and the crew member and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Wearing of face mask — gate agent

39 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight that the private operator or air carrier operates when the gate agent is two metres 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 drinking, eating or taking oral medications.

Exception — physical barrier

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

Deplaning

Non-application

40 Section 41 does not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
  • (c) a person who is unconscious;
  • (d) a person who is unable to remove their face mask without assistance;
  • (e) a person who is on a flight that originates in Canada and is destined to another country.

Wearing of face mask — person

41 A person who is on board an aircraft must wear a face mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building by a passenger loading bridge or otherwise when the person is two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose.

Screening Authority

Definition of screening authority

42 (1) For the purposes of sections 43 and 46, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Non-application

(2) Sections 43 to 46 do not apply to any of the following persons:

  • (a) an infant;
  • (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
  • (c) a person who is unconscious;
  • (d) a person who is unable to remove their face mask without assistance;
  • (e) a member of emergency response provider personnel who is responding to an emergency;
  • (f) a peace officer who is responding to an emergency.

Requirement — passenger screening checkpoint

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

Wearing of face mask — person

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

Requirement to remove face mask

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

Wearing of face mask — screening officer

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

Requirement — non-passenger screening checkpoint

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

Wearing of face mask — screening officer

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

Exceptions

(3) Subsection (2) does not apply

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

Exception — physical barrier

45 Sections 43 and 44 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Prohibition — passenger screening checkpoint

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

Prohibition — non-passenger screening checkpoint

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

Designated Provisions

Designation

47 (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

48 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 9, made on September 28, 2020, is repealed.

SCHEDULE 1

(Subsection 19(2))

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

SCHEDULE 2

(Subsections 47(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Subsection 2(1) 5,000 25,000
Subsection 2(2) 5,000 25,000
Subsection 2(3) 5,000 25,000
Subsection 2(4) 5,000 25,000
Subsection 3(1) 5,000  
Subsection 3(2) 5,000  
Subsection 3(3) 5,000  
Subsection 3(4) 5,000  
Section 4 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000 25,000
Subsection 8(3) 5,000 25,000
Subsection 8(4) 5,000 25,000
Subsection 8(5) 5,000  
Subsection 8(7) 5,000 25,000
Section 9 5,000 25,000
Section 10 5,000  
Subsection 12(1)   25,000
Subsection 12(2)   25,000
Subsection 13(1)   25,000
Subsection 13(2) 5,000  
Subsection 14(1)   25,000
Subsection 14(2)   25,000
Section 15 5,000  
Section 16   25,000
Section 17   25,000
Subsection 18(1)   25,000
Subsection 18(2)   25,000
Subsection 18(3)   25,000
Subsection 18(4)   25,000
Section 20 5,000  
Subsection 21(1)   25,000
Subsection 21(2)   25,000
Subsection 22(1)   25,000
Subsection 22(2) 5,000  
Subsection 23(1)   25,000
Subsection 23(2)   25,000
Section 24 5,000  
Subsection 25(1)   25,000
Subsection 25(2)   25,000
Subsection 25(3)   25,000
Subsection 25(4)   25,000
Subsection 25(5)   25,000
Subsection 25(6) 5,000  
Section 26   25,000
Section 27   25,000
Subsection 28(1)   25,000
Subsection 28(2)   25,000
Subsection 28(3)   25,000
Section 29   25,000
Section 30   25,000
Section 32 5,000 25,000
Section 33 5,000  
Subsection 34(1) 5,000 25,000
Section 35 5,000  
Section 36 5,000 25,000
Section 37 5,000 25,000
Subsection 38(1) 5,000 25,000
Subsection 39(1) 5,000 25,000
Section 41 5,000  
Subsection 43(1)   25,000
Subsection 43(2) 5,000  
Subsection 43(3) 5,000  
Subsection 43(4) 5,000  
Subsection 44(1) 5,000  
Subsection 44(2) 5,000  
Subsection 46(1)   25,000
Subsection 46(2)   25,000

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Order Repealing the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley

Whereas, pursuant to subsection 10.1(1)footnote h of the Canada Shipping Act, 2001footnote i, the Minister of Transport made the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley on August 1, 2020;

And whereas, that Minister believes that that Interim Order is no longer required to deal with a direct or indirect risk to marine safety or to the marine environment;

Therefore, the Minister of Transport, pursuant to subsection 10.1(2)footnote h of the Canada Shipping Act, 2001 footnote i, makes the annexed Order Repealing the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley.

Ottawa, October 8, 2020

Marc Garneau
Minister of Transport

Order Repealing the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley

Repeal

1 The Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley, made on August 1, 2020, is repealed.

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SMSE-013-20 — Release of ICES-003, issue 7

Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) has published the following standard:

  • Interference-Causing Equipment Standard ICES-003, issue 7, Information Technology Equipment (including Digital Apparatus)

This standard will come into force upon publication on the official publications section of the Spectrum Management and Telecommunications website.

General information

The Interference-Causing Equipment Standards list will be amended accordingly.

Submitting comments

Comments and suggestions for improving this standard may be submitted online using the Standard Change Request form.

Obtaining copies

Copies of this notice and of the document referred to herein are available electronically on the Spectrum Management and Telecommunications website.

Official versions of notices can be viewed on the Canada Gazette website.

October 15, 2020

Martin Proulx
Director General
Engineering, Planning and Standards Branch

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 Canada  
President and Chief Executive Officer Atomic Energy of Canada Limited  
Director Business Development Bank of Canada  
Director — Board Risk Committee Chairperson Business Development Bank of Canada  
President and Chief Executive Officer Canada Development Investment Corporation  
Commissioner for Employers Canada Employment Insurance Commission  
Commissioner for Workers Canada Employment Insurance Commission  
President and Chief Executive Officer Canada Lands Company Limited  
President Canada Mortgage and Housing Corporation  
Member (Federal) Canada—Newfoundland and Labrador Offshore Petroleum Board  
President Canadian Commercial Corporation  
Member Canadian Cultural Property Export Review Board  
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  
Chairperson Canadian Museum of History  
Permanent Member Canadian Nuclear Safety Commission  
Executive Director Canadian Race Relations Foundation  
Chairperson Canadian Transportation Agency  
Temporary Member Canadian Transportation Agency  
Chief Administrator Courts Administration Service  
Director Export Development Canada  
Director Farm Credit 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  
Member, Northwest Territories Historic Sites and Monuments Board of Canada  
Assistant Deputy Chairperson Immigration and Refugee Board of Canada  
Member (appointment to roster) International Trade and International Investment Dispute Settlement Bodies  
Chairperson The Jacques Cartier and Champlain Bridges Incorporated  
Chairperson Marine Atlantic Inc.  
Director (Federal) Nanaimo Port Authority  
Secretary National Battlefields Commission  
Member Natural Sciences and Engineering Research Council of Canada  
Taxpayers’ Ombudsman Office of the Taxpayers’ Ombudsman  
Veterans’ Ombudsman Office of the Veterans’ 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  
Commissioner Roosevelt Campobello International Park Commission  
Member Social Sciences and Humanities Research Council of Canada  
President Social Sciences and Humanities Research Council of Canada  
Registrar Supreme Court of Canada  
Member Telefilm Canada  
Chairperson and Member Transportation Appeal Tribunal of Canada  
Member Transportation Appeal Tribunal of Canada  
Vice-Chairperson Transportation Appeal Tribunal of Canada