Canada Gazette, Part I, Volume 154, Number 44: GOVERNMENT NOTICES
October 31, 2020
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Whereas certain provisions of part 86 of title 40 of the United States Code of Federal Regulations correspond to certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulationsfootnote a;
And whereas certain provisions of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations footnote a are inconsistent with part 86 of title 40 of the Code of Federal Regulations as amended by the final rule in respect of greenhouse gas emission standards published on April 23, 2020 in volume 85 of the Federal Register of the United States, at page 22620;
Therefore, the Minister of the Environment, pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999footnote b, makes the annexed Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.
Gatineau, October 13, 2020
Jonathan Wilkinson
Minister of the Environment
Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations
Interpretation
1 For greater certainty, words and expressions used in this Order and defined in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (in this Order referred to as the “Regulations”) have the same meaning as in those Regulations.
Credits — 2017 to 2021 model years
2 (1) For the purposes of subparagraph 162(1)(b)(i) of the Act and despite subsections 20(1), (2), (3) and (4) of the Regulations, a company may obtain CO2 equivalent emission credits or reduce its deficits in respect of a fleet of passenger automobiles or light trucks of the 2017 to 2021 model years in accordance with this Order.
Calculation and recalculation
(2) A company may elect to recalculate its credits or deficits for any of its fleets of the 2017 to 2019 model years or calculate its credits or deficits for any of its fleets of the 2020 or 2021 model years by making the election under subsection 18.1(4) of the Regulations and by using the formula set out in subsection 20(3) of the Regulations but replacing the descriptions of A and C in that formula with the following:
A is the adjusted fleet average CO2 equivalent emission standard, expressed in grams per mile, calculated in accordance with section 17 but, for the purposes of the descriptions of B and C in subsection 17(3), in the case of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles, multiplying the number of vehicles by the number set out in the table to subsection 18.1(4) in respect of that type of vehicle for the model year in question;
C is determined by the formula
Nv + ∑(Ncv × M)
- where
- Nv is the number of passenger automobiles or light trucks in the fleet, excluding advanced technology vehicles, natural gas vehicles and natural gas dual fuel vehicles,
- Ncv is the number of advanced technology vehicles, natural gas vehicles or natural gas dual fuel vehicles in the fleet, as the case may be, and
- M is the multiplier set out in the table to subsection 18.1(4) in respect of the type of vehicle for the model year in question.
Requirement — plug-in hybrid electric vehicles
(3) A company may make an election under subsection (2) in respect of a plug-in hybrid electric vehicle of the 2017 to 2021 model years only if the vehicle has an all-electric driving range equal to or greater than 16.4 km (10.2 miles) or an equivalent all-electric driving range equal to or greater than 16.4 km (10.2 miles). The all-electric driving range and the equivalent all-electric driving range are determined in accordance with section 1866(b)(2)(ii) of Title 40, chapter I, subchapter C, part 86, subpart S, of the CFR.
Date of credit or deficit — 2017 to 2019 model years
(4) A company obtains credits or reduces its deficits for a specific fleet of the 2017 to 2019 model years on the day on which the company submits its end of model year report for the 2020 model year if the report includes the following information in respect of that fleet:
- (a) the number of credits or deficits, calculated both in accordance with subsection 20(3) of the Regulations and in accordance with this section, and the difference between the two results; and
- (b) a statement that the company has elected to recalculate credits or deficits in accordance with this section and an indication of the number of additional credits, or the reduction in the number of deficits, obtained as a result of that election as well as the number of vehicles in question.
Date of credit or deficit — 2020 and 2021 model years
(5) A company obtains credits or incurs deficits for a specific fleet of the 2020 or 2021 model year on the day on which the company submits its end of model year report for the model year in question if the report includes the following information in respect of that fleet:
- (a) the number of credits or deficits, calculated in accordance with this section; and
- (b) instead of the information referred to in paragraph 33(2)(q.1) of the Regulations, a statement that the company has elected to calculate credits or deficits in accordance with this section and an indication of the number of vehicles in question.
Offset
3 For the purposes of subsection 21(3) of the Regulations, credits obtained in accordance with this Order are considered to be credits obtained in accordance with section 20 of the Regulations.
EXPLANATORY NOTE
(This note is not part of the Interim Order.)
The Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations was made by the Minister of the Environment on October 13, 2020. The Interim Order corrects an error in the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations (the Regulations) in the near term to quickly allow companies to obtain the intended number of credits for advanced technology vehicles, such as battery electric vehicles, plug-in hybrid electric vehicles, and fuel cell vehicles, as well as for natural gas dual fuel vehicles and dedicated natural gas vehicles sold in the country. Upon approval by the Governor in Council, and in accordance with subsection 163(5) of the Canadian Environmental Protection Act, 1999, the Interim Order will cease to have effect one year after it is made, or on the day it is repealed, or on the day on which the Regulations are amended or repealed to give effect to the Interim Order, whichever is earlier.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Ministerial Condition No. 20535
Ministerial condition
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)
Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance hexanoic acid, 3,5,5-trimethyl-, 2-ethylhexyl ester, Chemical Abstracts Service Registry Number 70969-70-9;
And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),
The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance in accordance with the conditions of the following annex.
Jacqueline Gonçalves
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:
- “cosmetic” means a cosmetic as defined in section 2 of the Food and Drugs Act;
- “notifier” means the person who has, on August 26, 2020, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999; and
- “substance” means hexanoic acid, 3,5,5-trimethyl-, 2-ethylhexyl ester, Chemical Abstracts Service Registry Number 70969-70-9.
2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.
Restrictions
3. The notifier shall not import the substance if it is contained in any cosmetic, unless it is one of the following cosmetics and the following conditions are met:
- (a) eye shadow when the substance is in a concentration of 12.8% by weight or less;
- (b) blush when the substance is in a concentration of 8.2% by weight or less;
- (c) facial cleansing oil when the substance is in a concentration of 6.8% by weight or less;
- (d) hair removal wax when the substance is in a concentration of 4% by weight or less;
- (e) a lipstick when the substance is in a concentration of 3.4% by weight or less; and
- (f) a liquid concealer when the substance is in a concentration of 0.34% by weight or less.
4. The notifier shall not import or manufacture the substance to use it to manufacture any cosmetic, unless it is one of the following cosmetics and the following conditions are met:
- (a) eye shadow when the substance is in a concentration of 12.8% by weight or less;
- (b) blush when the substance is in a concentration of 8.2% by weight or less;
- (c) facial cleansing oil when the substance is in a concentration of 6.8% by weight or less;
- (d) hair removal wax when the substance is in a concentration of 4% by weight or less;
- (e) a lipstick when the substance is in a concentration of 3.4% by weight or less; and
- (f) a liquid concealer when the substance is in a concentration of 0.34% by weight or less.
5. The notifier shall transfer the physical possession or control of the substance that is not in a cosmetic only to a person who agrees to use it in accordance with section 4.
Other requirements
6. The notifier shall, prior to transferring to any person the physical possession or control of the substance that is not in a cosmetic
- (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, prior to the first transfer of the substance, written confirmation from this person that they were informed of the terms of the present ministerial conditions and agree to comply with section 4 of the present ministerial conditions.
Record-keeping requirements
7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating
- (a) the specific use of the substance;
- (b) the quantity of the substance that the notifier manufactures, imports, purchases, distributes, sells and uses;
- (c) the concentration of the substance by weight in cosmetics;
- (d) the name and address of each person to whom the notifier transfers the physical possession or control of the substance; and
- (e) the written confirmation referred to in section 6.
(2) The notifier shall maintain electronic or paper records mentioned 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
8. The present ministerial conditions come into force on October 19, 2020.
DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication after screening assessment of a substance — 2H-1-benzopyran-2-one, 7-(diethylamino)-4-methyl- (coumarin 1), CAS RN footnote 1 91-44-1 — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999)
Whereas coumarin 1 is a substance identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas a summary of the draft screening assessment conducted on coumarin 1 pursuant to section 74 of the Act is annexed hereby;
And whereas it is proposed to conclude that the substance meets one or more of the criteria set out in section 64 of the Act,
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to recommend to Her Excellency the Governor in Council that this substance be added to Schedule 1 of the Act.
Notice is furthermore given that the ministers have released a risk management scope document for this substance to initiate discussions with stakeholders on the development of risk management actions.
Public comment period
As specified under subsection 77(5) of the Canadian Environmental Protection Act, 1999, any person may, within 60 days after publication of this notice, file with the Minister of the Environment written comments on the measure the ministers propose to take and on the scientific considerations on the basis of which the measure is proposed. More information regarding the scientific considerations may be obtained from the Canada.ca (Chemical Substances) website. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to the Executive Director, Program Development and Engagement Division, Department of the Environment, Gatineau, Quebec K1A 0H3, by email to eccc.substances.eccc@canada.ca, or by using the online reporting system available through Environment and Climate Change Canada’s Single Window.
In accordance with section 313 of the Canadian Environmental Protection Act, 1999, any person who provides information in response to this notice may submit with the information a request that it be treated as confidential.
Jacqueline Gonçalves
Director General
Science and Risk Assessment Directorate
On behalf of the Minister of the Environment
Gwen Goodier
Director General
Industrial Sectors and Chemicals Directorate
On behalf of the Minister of the Environment
Greg Carreau
Acting Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
Summary of the draft screening assessment of coumarin 1
Pursuant to section 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of 2H-1-benzopyran-2-one, 7-(diethylamino)-4-methyl-, hereinafter referred to as coumarin 1. The Chemical Abstracts Service Registry Number (CAS RN) for coumarin 1 is 91-44-1. This substance was identified as a priority for assessment, as it met categorization criteria under subsection 73(1) of CEPA.
According to information submitted in response to a CEPA section 71 survey, coumarin 1 was not reported to be manufactured in Canada above the reporting threshold of 100 kg in 2011, and a quantity in the range of 1 000 to 10 000 kg was imported into Canada in the same calendar year. Reported uses in Canada included commercial use in fabric, textile and leather articles. Coumarin 1 is also used in certain cosmetic products in Canada, such as temporary hair dyes, nail polishes, as well as body and face makeup (including eye and lip makeup). Coumarin 1 is also used as a stabilizer in carpet cleaner.
The ecological risk of coumarin 1 was characterized using the ecological risk classification of organic substances (ERC), which is a risk-based approach that employs multiple metrics for both hazard and exposure, with weighted consideration of multiple lines of evidence for determining risk classification. Hazard profiles are based principally on metrics regarding mode of toxic action, chemical reactivity, food web–derived internal toxicity thresholds, bioavailability, and chemical and biological activity. Metrics considered in the exposure profiles include potential emission rate, overall persistence, and long-range transport potential. A risk matrix is used to assign a low, moderate or high level of potential concern for substances based on their hazard and exposure profiles. Based on the outcome of the ERC analysis, coumarin 1 is considered unlikely to be causing ecological harm.
Considering all available lines of evidence presented in this draft screening assessment, there is a low risk of harm to the environment from coumarin 1. It is proposed to conclude that coumarin 1 does not meet the criteria under paragraph 64(a) or (b) of CEPA, as it is not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.
The health effects dataset for coumarin 1 was considered to be limited. To address this limitation, a read-across approach was applied to inform the health effects assessment. Developmental toxicity was considered to be the critical effect on the basis of the data available on the analogues. Exposure of the general population in Canada to coumarin 1 occurs predominantly through the use of certain cosmetic products, such as temporary hair dyes, nail polishes, body and face makeup (including eye and lip makeup), as well as cleaning products. A comparison of levels of coumarin 1 that Canadians can be exposed to in environmental media or through the use of nail polish, temporary powder hair dye, facial makeup, lipstick/lip gloss and carpet cleaner with levels associated with adverse effects in laboratory studies results in margins that are considered adequate to address uncertainties in the health effects and exposure databases. However, the margins between exposure to coumarin 1 from occasional-use specialty body makeup and the critical effect levels for coumarin 1 are considered potentially inadequate to address uncertainties in the health effects and exposure databases.
On the basis of the information presented in this draft screening assessment, it is proposed to conclude that coumarin 1 meets the criteria under paragraph 64(c) of CEPA, as it is entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
Proposed overall conclusion
It is proposed to conclude that coumarin 1 meets one or more of the criteria set out in section 64 of CEPA.
It is proposed to conclude that coumarin 1 meets the persistence criteria but not the bioaccumulation criteria as set out in the Persistence and Bioaccumulation Regulations of CEPA.
The draft screening assessment and the risk management scope document for this substance are available on the Canada.ca (Chemical Substances) website.
DEPARTMENT OF HEALTH
FOOD AND DRUGS ACT
Interim Order Respecting the Prevention and Alleviation of Shortages of Drugs in Relation to COVID-19
Whereas the Minister of Health believes that immediate action is required to deal with a significant risk to health, safety or the environment;
Therefore, the Minister of Health, pursuant to subsection 30.1(1)footnote c of the Food and Drugs Actfootnote d, makes the annexed Interim Order Respecting the Prevention and Alleviation of Shortages of Drugs in Relation to COVID-19.
Ottawa, October 16, 2020
Patricia Hajdu
Minister of Health
Interim Order Respecting the Prevention and Alleviation of Shortages of Drugs in Relation to COVID-19
Definitions
1 The following definitions apply in this Interim Order.
- COVID-19 means the coronavirus disease 2019. (COVID-19)
- drug means a drug other than
- (a) a veterinary health product as defined in subsection C.01.001(1) of the Food and Drug Regulations; or
- (b) a natural health product as defined in subsection 1(1) of the Natural Health Products Regulations. (drogue)
Information request
2 (1) The Minister may request that a person that sells a drug provide the Minister with information that is in the person’s control if the Minister has reasonable grounds to believe that
- (a) there is a shortage of the drug in Canada or the drug is at risk of going into shortage;
- (b) the shortage or risk of shortage is caused or exacerbated, directly or indirectly, by COVID-19;
- (c) a shortage of the drug poses or could pose a risk of injury to human health;
- (d) the information is necessary to establish or assess
- (i) the existence of a shortage or risk of shortage of the drug,
- (ii) the reasons for a shortage or risk of shortage of the drug,
- (iii) the effects or potential effects on human health of a shortage of the drug, or
- (iv) measures that could be taken to prevent or alleviate a shortage of the drug; and
- (e) the person will not provide the information without a legal obligation to do so.
Obligation to provide information
(2) The person must provide the requested information electronically in a format specified by or acceptable to the Minister within the time limit specified by the Minister. The time limit cannot be less than 24 hours after the request is made unless the Minister has reasonable grounds to believe that there is a serious and imminent risk of injury to human health.
Restriction
(3) The information that may be requested does not include personal information, as defined in section 3 of the Privacy Act, in respect of a consumer of the drug.
Terms and conditions
3 (1) The Minister may, at any time, for the purpose of preventing or alleviating a shortage of a drug, impose terms and conditions on any of the following authorizations — or amend those terms and conditions — if the Minister has reasonable grounds to believe that the conditions set out in paragraphs 2(1)(a) to (c) are met:
- (a) a drug identification number that is assigned for the drug under subsection C.01.014.2(1) of the Food and Drug Regulations;
- (b) an authorization that authorizes the sale of the drug and that is issued under another interim order made under subsection 30.1(1) of the Food and Drugs Act in relation to COVID-19, if a drug identification number is assigned in respect of the drug under the other interim order.
Clarification
(2) For greater certainty,
- (a) the terms and conditions may require that measures be taken to prevent or alleviate a shortage of the drug; and
- (b) subsection (1) does not limit any other power to impose terms and conditions on an authorization referred to in paragraph (1)(a) or (b).
EXPLANATORY NOTE
(This note is not part of the Interim Order.)
Proposal
The Interim Order Respecting the Prevention and Alleviation of Shortages of Drugs in Relation to COVID-19 (the Interim Order), made by the Minister of Health on October 16, 2020, introduces new tools for the Minister to address drug shortages, or the risk of drug shortages, that may be caused or exacerbated, directly or indirectly, by COVID-19. The scope excludes shortages of veterinary or natural health products. The Interim Order allows the Minister of Health to compel any person who sells a drug to provide information within the person’s control about a shortage or potential shortage of that drug related to COVID-19 under certain conditions. In addition, the Interim Order allows the Minister to impose or amend terms and conditions on authorizations to sell drugs for the purpose of preventing or alleviating a drug shortage related to COVID-19 under certain conditions.
The Minister may make interim orders under subsection 30.1(1) of the Food and Drugs Act, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. Such an order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council.
Objective
The objective of the Interim Order is to address a significant risk to the health of Canadians as a result of drug shortages caused or exacerbated, directly or indirectly, by COVID-19.
Background
COVID-19 is the infectious respiratory disease caused by a strain of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The outbreak of COVID-19 began in Wuhan, China, in December 2019. In more severe cases, COVID-19 infection can cause pneumonia, severe acute respiratory syndrome, kidney failure, and death.
The World Health Organization (WHO) declared a global pandemic related to COVID-19 on March 11, 2020. As of September 30, 2020, there are more than 33 785 178 cases worldwide and over 1 010 147 people have lost their lives. Since this date, the number of confirmed cases in Canada has exceeded 156 961 and over 9 291 Canadians have died.
The COVID-19 pandemic has created global supply challenges and caused an unprecedented demand for certain drugs, which has contributed to drug shortages in Canada. During the early months of the pandemic, there were 592 shortages reported in Canada compared to 441 during the same months in 2019. By September 2020, Canada experienced 38 Tier 3 (highest impact) shortages, compared to approximately 10 such shortages in all of 2019. Pharmaceutical manufacturing has had to adapt quickly to address rapid changes in demand, which has put additional pressure on the supply of drugs and raw materials to manufacture drugs. Canada is particularly vulnerable to drug shortages, due to its smaller market size and reliance on imports. The COVID-19 pandemic threatens the health of Canadians by exacerbating existing shortages and increasing the risk of new drug shortages.
On August 25, 2020, the Public Health Agency of Canada released the Federal/provincial/territorial public health response plan for ongoing management of COVID-19 to help guide decision-making in order to respond to future waves of the pandemic. As noted in the plan, the reasonable worst-case scenario for future waves would include a peak in fall or winter 2020 that is two to three times higher than the peak of the initial wave, creating a demand for resources that significantly exceeds system capacity. While the reasonable worst-case scenario is not predictive or even highly likely, such an impact would further burden the health care system and increase the risk of existing and new drug shortages. To manage the risks posed by the reasonable worst-case scenario, additional tools are required to safeguard Canada’s drug supply and ensure that Canadians have access to the medicines they need. Immediate action is required to better prepare Canada from the threat of shortages related to COVID-19 and protect Canadians from this significant risk to their health.
Drug shortages have a real impact on Canadians. Health care providers rely on access to needed drugs to provide proper and timely treatment. In some cases, the pandemic has further constrained the available supply of a drug, preventing patients from fully filling their prescriptions (e.g. the antidepressant phenelzine and propylthiouracil, used to manage hyperthyroidism). Drug shortages can also contribute to adverse patient outcomes, including delayed or cancelled surgeries, increased risk of negative patient outcomes because of the necessity of alternative treatments, discontinuation of treatment, and rationed drugs. Urgent action is required to put in place tools that will prevent drug shortages where possible and alleviate their impact on Canadians when they occur.
The Government of Canada has collaborated with industry, provinces and territories, health practitioners and other partners to address drug shortages throughout the COVID-19 pandemic. However, in preparation for a resurgence, the need for strong federal leadership to safeguard Canada’s drug supply and ensure that Canadians have access to the medicines they need continues. Reliable and timely information is required for Health Canada to act quickly and effectively to minimize the effects of these shortages on Canadians.
To date, industry has voluntarily provided this information and Health Canada has worked with companies to address shortages. Significant efforts have been made since early in the pandemic, through a whole-of-government approach, to respond to drug supply disruptions. The need for vigilance in maintaining the national drug supply continues and additional tools will better prepare Health Canada to respond to the imminent threat posed by a future resurgence.
Implications
Authorizing the Minister to compel information related to drug shortages will facilitate timely access to needed information respecting a drug shortage during the COVID-19 pandemic, in cases where sellers would not voluntarily provide the information. This will enable Health Canada to assess and respond more quickly to an actual or anticipated shortage, which could limit or prevent harm to Canadians. In addition, an authority to apply terms and conditions on certain authorizations to sell a drug will help to alleviate an existing shortage or address the risk of that drug going into shortage by promoting a more agile and adaptable supply of that drug. Together, these tools enable Health Canada and stakeholders to better prevent and alleviate drug shortages during the COVID-19 pandemic and help to protect the health of Canadians.
Information request
The Interim Order will allow the Minister to require any person who sells a drug to provide information about a shortage or potential shortage of that drug if the Minister has reasonable grounds to believe that
- the drug is at risk of going into shortage or is in shortage;
- the shortage is caused or exacerbated, directly or indirectly, by the COVID-19 pandemic;
- the shortage poses a risk of injury to human health;
- the requested information is necessary to identify or assess the shortage, why it occurred, its effects on human health, or what measures could be taken to prevent or alleviate the shortage; and
- the person would not provide the information without a legal obligation.
A person required to provide information must do so electronically in a format acceptable to the Minister, which will be specified in industry guidance that will be posted on Health Canada’s website. The information will also be required to be submitted within the time specified by the Minister. However, the Minister cannot require the information to be submitted with less than 24 hours’ notice, unless the Minister has reasonable grounds to believe, based on knowledge, experience, expert advice or other information from a reliable source, that there is a serious or imminent health risk.
The Minister can only request information that is in the control of the person and this power cannot be used to require a person to create new information in response to the Minister’s request. The decision to compel information through the Interim Order must be reasonable, factual, and flow logically from the signals available to the Minister. Signals may include complaints, media reports, website notifications of drug shortages, a quality issue requiring Health Canada to take action, the discontinuation of a product, or broader supply chain issues. Industry, provinces and territories, or stakeholders may also identify potential indications of shortage.
Requests for information by the Minister will be accompanied by an explanation of the reason for the request to allow for more transparent decision-making. The decision to request information will be based on evidence and clearly communicate the decision taken and the rationale so that the affected party understands how the result was reached. The process for providing information and more details about the types of information that may be requested will be provided in guidance.
Terms and conditions
The Interim Order will also allow the Minister to add or amend terms and conditions to certain authorizations to sell a drug for the purpose of preventing or alleviating a shortage. The Minister may only add or amend terms and conditions to an authorization if the Minister has reasonable grounds to believe that
- the drug is at risk of going into shortage or is in shortage;
- the shortage is caused or exacerbated, directly or indirectly, by the COVID-19 pandemic; and
- the shortage poses a risk of injury to human health.
Through terms and conditions, market authorization holders would be required to take measures related to shortage mitigation and prevention in relation to the drug. The precise measures would be tailored to address the specific shortage of a drug, or the specific risks of that drug going into shortage, and Health Canada would work with market authorization holders to develop the appropriate measures to be applied. Terms and conditions that could be imposed include identifying alternative sources for raw materials and supplies, developing mitigation strategies to address issues, or reporting on inventory levels on a regular basis. Through these terms and conditions, authorization holders would be better able to anticipate, plan for, alleviate, and prevent shortages. More information about mitigation strategies will be provided in guidance.
The decision to impose or amend terms and conditions on an authorization for sale of a drug must be reasonable, factual, and flow logically from the information available to the Minister. Market authorization holders will be notified before a term or condition is applied, afforded an opportunity to respond, and provided with reasons if a term or condition is added or amended. Decisions will be based on evidence, and the rationale and the decision taken will be clearly communicated to allow for more transparent decision-making, so that the market authorization holder understands how the result was reached.
Administrative burden and cost to industry
Although the Interim Order does not impose direct costs on industry, it may create administrative burden and costs to industry related to collecting and analyzing information, reporting to Health Canada, and developing mitigation strategies for shortages.
Based on the costing survey conducted to support the Regulations Amending the Food and Drug Regulations (Shortages of Drugs and Discontinuation of Sale of Drugs), published in the Canada Gazette, Part II, in 2016, the Department estimates that the cost of labour to respond to an information request would be approximately $392 per request ($112 per hour for an estimated 3.5 hours). The Department estimates that the cost to industry associated with a decision to apply terms and conditions related to information gathering, analysis, and reporting would be $4,200 ($112 per hour for an estimated 37.5 hours).
The provisions in the Interim Order would only be used by Health Canada in a targeted fashion to address specific challenges related to a drug shortage, or the risk of a drug shortage, related to COVID-19. Thus, the administrative burden and costs created by this Interim Order may only be realized by a small portion of the pharmaceutical industry in Canada and for a finite period of time until the shortage is resolved.
Consultations
The Department has received comments from industry associations on the proposed approach through written remarks and stakeholder engagement sessions on June 4, 2020, and September 3, 2020. These comments have been generally supportive and understanding of the need for information sharing. The industry associations also expressed a desire for continued engagement throughout the implementation process.
Industry raised some concerns regarding the feasibility and/or cost of implementing certain terms and conditions that may be imposed on an authorization to sell drugs. In particular, it was suggested to limit the scope of information requested, that a reasonable timeline be provided for the requests, and that criteria be established to identify the products to which terms and conditions will be applied. They also expressed a desire for regulatory decisions on terms and conditions to be made in collaboration with industry and publicly available.
The Interim Order has been designed to address stakeholder concerns by specifying that the Minister can only request information that is in the control of the person and that this power cannot be used to require a person to create new information. As well, a provision was added that specifies the Minister can only compel information if there are reasonable grounds to believe that the person would not provide the information without a legal obligation. In addition, a minimum timeline of 24 hours for information requests, unless there is a serious and imminent risk of injury to human health, has been included in the Interim Order.
Additional concerns are being addressed through industry guidance that has been posted on Health Canada’s website. The Department will make terms and conditions publicly available so that regulatory decisions are transparent. In addition, Health Canada will engage stakeholders during implementation and will hold compliance promotion sessions.
Due to the urgent nature of the Interim Order, broader stakeholder consultation was not possible.
Contact
Catherine Hudon
Director
Compliance Policy and Regulatory Affairs
Policy and Regulatory Strategies Directorate
Regulatory Operations and Enforcement Branch
Health Canada
Address Locator: 1907A
200 Eglantine Driveway
Jeanne Mance Building
7th Floor, Room 705A
Tunney’s Pasture
Ottawa, Ontario
K1A 0K9
Telephone: 343‑540‑8524
Email: hc.prsd-questionsdspr.sc@canada.ca
DEPARTMENT OF HEALTH
HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Filing of claims for exemption
A supplier can file a claim for exemption under the Hazardous Materials Information Review Act (HMIRA) with Health Canada from having to disclose information under the Hazardous Products Act (HPA) and Hazardous Products Regulations (HPR) that they consider to be confidential business information (CBI) on a safety data sheet (SDS) or label associated with a hazardous product.
An employer can also file a claim for exemption under the HMIRA with Health Canada from having to disclose information under the Canada Labour Code or the provisions of the Accord Act that they consider to be CBI on an SDS or label associated with a hazardous product.
Notice is hereby given of the filing of claims for exemption under the HMIRA listed in the table below.
Lynn Berndt-Weis
Director
Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
Claimant | Product Identifier | Subject of the Claim for Exemption | Registry Number |
---|---|---|---|
Nalco Canada ULC | 3D TRASAR™ 3DT398 | C.i. of two ingredients | 03385546 |
Ingevity Corporation | EVOFLEX CA-7 | C.i. and C. of one ingredient | 03385744 |
ChampionX Canada ULC | EMBR10923C | C.i. and C. of two ingredients | 03386009 |
Arclin Canada Holdings Ltd. | Phenol-Formaldehyde Resin A45 | C.i. and C. of one ingredient | 03386252 |
ChampionX Canada ULC | FVS4964 | C.i. and C. of one ingredient | 03386379 |
Exaltexx Inc. | Xi-254 | C.i. and C. of four ingredients | 03386713 |
SUEZ Water Technologies & Solutions Canada | SPECTRUS BD1510 | C.i. and C. of one ingredient | 03387353 |
Dow Chemical Canada ULC | ELEVATE™ SL300 LT | C.i. of one ingredient | 03388681 |
Fluid Energy Group Ltd. | CI-12CNE | C.i. of three ingredients | 03388682 |
Note: C.i. = chemical identity and C. = concentration
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Ontario Provincial Police as fingerprint examiners:
- Brian David Bertelsen
- Betty Anne Brant
- William Anthony James Martin
- Benjamin Paul Mayville
- Rowena Audrey Edey
- David Thomas Sibley
- Peter Wolfgang Peschke
- Andrew Robert Smith
- Ryley Alan MacGregor Williams
- Mark David Engstrom
- Adam Stephen Wilkins
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Vancouver Police Department as fingerprint examiners:
- Anja Bergler
- Richard Cardamone
- Carrie Cox
- Kam Mahinsa
- Jose Erasmo Quintanilla
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Vancouver Police Department as fingerprint examiners:
- Jeremiah Birnbaum
- Lee Chipperfield
- Jacky Man Leong Lam
- Russel Alexander Wardrop
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby designate the following persons of the Winnipeg Police Service as fingerprint examiners:
- Matthew Hazeu
- Sheri Nedohin
- Christine Hannah
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Guelph Police Service as a fingerprint examiner:
- Brandy Sonnemann
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following person of the Moose Jaw Police Service as a fingerprint examiner:
- Cory Lee Kerr
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
CRIMINAL CODE
Revocation of designation as fingerprint examiner
Pursuant to subsection 667(5) of the Criminal Code, I hereby revoke the designation of the following persons of the Vancouver Police Department as fingerprint examiners:
- Jeremiah Birnbaum
- Lee Chipperfield
- Jacky Man Leong Lam
- Russel Alexander Wardrop
- Catherine Elizabeth Hill
- Teijo Sallinen
- Martin Anthony Southworth
- Michael Rowan Stewart
- Christopher Richard Alexander Tang
Ottawa, July 30, 2020
Randall Koops
Director General
Policing Policy
Community Safety and Countering Crime Branch
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 11
Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 11 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 e and 4.9footnote f, paragraphs 7.6(1)(a)footnote g and (b)footnote h and section 7.7footnote i of the Aeronautics Actfootnote j;
Whereas, pursuant to subsection 6.41(1.1)footnote k of the Aeronautics Actfootnote j, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
And whereas, pursuant to subsection 6.41(1.2)footnote k of that Act, the Deputy 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 Deputy Minister of Transport, pursuant to subsection 6.41(1.1)footnote k of the Aeronautics Actfootnote j, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 11.
Ottawa, October 22, 2020
Michael Keenan
Deputy Minister of Transport
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 11
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. 10, made on October 9, 2020, is repealed.
SCHEDULE 1
(Subsection 19(2))
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))
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 |
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 | |
Member | Buffalo and Fort Erie Public Bridge Authority | |
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 | |
President and Chief Executive Officer | Canada Lands Company Limited | |
President | Canada Mortgage and Housing Corporation | |
Member of the Board of Directors | Canada Post | |
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 | |
Director | Canadian Museum of History | |
Permanent Member | Canadian Nuclear Safety Commission | |
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 | |
Commissioner | Impact Assessment Agency of Canada | |
Member (appointment to roster) | International Trade and International Investment Dispute Settlement Bodies | |
Chairperson | The Jacques Cartier and Champlain Bridges Incorporated | |
Chairperson | Laurentian Pilotage Authority Canada | |
Chairperson | Marine Atlantic Inc. | |
Director (Federal) | Nanaimo Port Authority | |
Secretary | National Battlefields Commission | |
Member | National Seniors Council | |
Member | Natural Sciences and Engineering Research Council of Canada | |
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 |