Canada Gazette, Part I, Volume 154, Number 37: GOVERNMENT NOTICES

September 12, 2020

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instruction Amending the Ministerial Instructio!--ns Respecting the Express Entry System, 2020-1

The Minister of Citizenship and Immigration, pursuant to paragraph 10.3(1)(k)^{footnote a} of the Immigration and Refugee Protection Act^{footnote b}, gives the annexed Ministerial Instruction Amending the Ministerial Instructions Respecting the Express Entry System, 2020-1.

Ottawa, August 31, 2020

Marco E. L. Mendicino
Minister of Citizenship and Immigration

Ministerial Instruction Amending the Ministerial Instructions Respecting the Express Entry System, 2020-1

Amendment

1 Section 6 of the Ministerial Instructions Respecting the Express Entry System^{footnote 1} is replaced by the following:

Validity period

6 An invitation is valid for the period of time beginning on the day after it is issued by the Minister and ending on the 90th day after that day, and any application for a permanent resident visa in response to that invitation must be made within that period.

Taking Effect

2 This Instruction takes effect on the date on which it is given.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 20381

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 1-propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-C_8-18 acyl derivs., inner salts, Chemical Abstracts Service Registry No. 97862-59-4;

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:

“engineered hazardous waste landfill facility” means a facility that is part of an overall integrated hazardous waste management system where wastes that do not require additional treatment or processing are sent and where hazardous materials are confined or controlled for the duration of their effective contaminating lifespan;
“notifier” means the person who has, on April 9, 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;
“substance” means 1-propanaminium, 3-amino-N-(carboxymethyl)-N,N-dimethyl-, N-C_8-18 acyl derivs., inner salts, Chemical Abstracts Service Registry No. 97862-59-4; and
“waste” means the effluents that result from rinsing equipment or vessels used for the substance, disposable vessels used for the substance, any spillage that contains the substance, the process effluents that contain the substance, and any residual quantity of the substance in any equipment or vessel.

2. The notifier may manufacture or import the substance in accordance with the present ministerial conditions.

3. The present ministerial conditions do not apply in relation to persons who use the following products containing the substance for non-commercial purposes, including for domestic, recreational and sports purposes:

(a) a consumer product to which the Canada Consumer Product Safety Act applies;
(b) a drug, device or cosmetic as defined in section 2 of the Food and Drugs Act; or
(c) a natural health product as defined in subsection 1(1) of the Natural Health Products Regulations.

Restrictions

4. The notifier shall not manufacture or import the substance unless

(a) the concentration of 1,3-propanediamine, N,N-dimethyl-, Chemical Abstracts Service Registry No. 109-55-7 in the substance is less than 0.01% by weight; and
(b) the concentration of fatty acid amidopropyl dimethylamine (amidoamine) impurities in the substance is equal to or less than 1.5% by weight.

Handling and disposal of the substance

5. (1) The notifier or the person to whom the substance has been transferred shall not release the substance or waste to the environment.

(2) The notifier or the person to whom the substance has been transferred must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:

(a) incineration in accordance with the laws of the jurisdiction where the incineration facility is located; or
(b) disposal in an engineered hazardous waste landfill facility, in accordance with the laws of the jurisdiction where the facility is located, if it cannot be incinerated in accordance with paragraph (a).

Environmental release

6. Where any release of the substance or waste to the environment occurs, the person who has the physical possession or control of the substance or waste shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the person shall, as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.

Other requirements

7. The notifier shall, prior to transferring the physical possession or control of the substance or waste that contained the substance to any person

(a) inform the person to whom they transfer the physical possession or control of the substance, in writing, of the terms of the present ministerial conditions; and
(b) obtain, prior to the first transfer of the substance or waste, written confirmation from this person that they were informed of the terms of the present ministerial conditions and agree to comply with sections 4 to 6 of the present ministerial conditions. This written confirmation shall be maintained at the principal place of business in Canada of the notifier or of their representative in Canada for a period of at least five years from the day it was received.

Record-keeping requirements

8. (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 use of the substance;
(b) that 1,3-propanediamine, N,N-dimethyl-, Chemical Abstracts Service Registry No. 109-55-7, is present or not in the substance imported or manufactured, and if present, its concentration by weight;
(c) that fatty acid amidopropyl dimethylamine (amidoamine) impurities are present or not in the substance imported or manufactured, and if present, their concentration by weight;
(d) the quantity of the substance that the notifier manufactures, imports, purchases, distributes, sells and uses;
(e) the name and address of each person to whom the notifier transfers the physical possession or control of the substance;
(f) the name and address of each person in Canada who disposed of the substance or of waste for the notifier, the method used to do so and the quantities of the substance or waste shipped to that person; and
(g) the written confirmation referred to in section 7.

(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

9. The present ministerial conditions come into force on August 28, 2020.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the substance 2-ethylhexyl 2-ethylhexanoate

Whereas the substance 2-ethylhexyl 2-ethylhexanoate (Chemical Abstracts Service [CAS] Registry No. 7425-14-1) is specified on the Domestic Substances List;^{footnote 2}

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of the substance under paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999,^{footnote 3} which was published on December 15, 2018, in the Canada Gazette, Part I;

And whereas the ministers suspect that the information concerning a significant new activity in relation to this substance may contribute to determining the circumstances in which the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999,

Notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List, pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to any significant new activities relating to the substance, as set out in this notice.

Public comment period

Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice. Comments may be sent using the online reporting system available through Environment and Climate Change Canada’s Single Window, by mail to the Executive Director, Program Development and Engagement Division, Environment and Climate Change Canada, Gatineau, Quebec K1A 0H3, by fax at 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.

The screening assessment and risk management approach for this substance may be obtained from the Canada.ca (Chemical Substances) website.

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.

Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

John Moffet
Assistant Deputy Minister
Environmental Protection Branch
On behalf of the Minister of the Environment

ANNEX

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

7425-14-1

2. Part 2 of the List is proposed to be amended by adding the following:


Column 1 Substance	Column 2 Significant New Activity for which substance is subject to subsection 81(3) of the Act
7424-13-1 S’	1. In relation to the substance in Column 1 opposite this section, (a) the use of the substance in the manufacture of a consumer product to which the Canada Consumer Product Safety Act applies containing the substance at a concentration equal to or greater than 0.1% by weight; or (b) any activity involving the use of the substance in a quantity greater than 10 kg in a calendar year in a consumer product to which the Canada Consumer Product Safety Act applies, if the product contains the substance at a concentration equal to or greater than 0.1% by weight. 2. Despite section 1, a use of the substance is not a significant new activity if the substance is used (a) as a research and development substance or as a site-limited intermediate substance, as defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or (b) in the manufacture of a product that is referred to in those sections and that is intended only for export. 3. For each proposed significant new activity, the following information must be provided to the Minister at least 180 days before the day on which the significant new activity begins: (a) a description of the significant new activity; (b) the anticipated annual quantity of the substance to be used for the significant new activity; (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers); (d) the information specified in items 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations; (e) a description of the consumer product that contains the substance, the intended use and method of application of that consumer product and the function of the substance in that consumer product; (f) the total quantity of the consumer product expected to be sold in Canada in a calendar year by the person proposing the significant new activity; (g) all other information and test data in respect of the substance that are in the possession of the person who is proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance; (h) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department’s or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency; (i) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person who is proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada who is authorized to act on their behalf; and (j) a certification that the information is accurate and complete, dated and signed by the person who is proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada who is authorized to act on their behalf. 4. The information referred to in section 3 is to be assessed within 180 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. It is proposed that this Order will come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

The Notice of Intent (NOI) provides an opportunity for any person to comment on the proposed amendment to the Domestic Substances List (DSL), pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999^{footnote 4} (CEPA), to apply the Significant New Activity (SNAc) provisions to the substance 2-ethylhexyl 2-ethylhexanoate (Chemical Abstracts Service [CAS] Registry No. 7425-14-1).

The proposed Order adding 2-ethylhexyl 2-ethylhexanoate to Schedule 1 of CEPA was published on March 2, 2019, following the publication of the screening assessment in December 2018, which concluded that this substance meets the criterion set out in paragraph 64(c) of CEPA, as it is entering or may enter the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Concurrently with the screening assessment, the Risk Management Approach for Hexanoic acid, 2-ethyl-, 2-ethylhexyl ester was also published, outlining the proposed risk management options, which included applying the SNAc provisions to 2-ethylhexyl 2-ethylhexanoate.

Within 60 days of publication of the NOI, any person may submit comments to the Minister of the Environment (the Minister). These comments will be taken into consideration during the development of the Order amending the DSL to apply the SNAc provisions to this substance.

The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

Applicability of the proposed Order

At this time, it is proposed that the Order amending the DSL requires any person (individual or corporation) engaging in a significant new activity in relation to the substance to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 180 days prior to the import, manufacture or use of the substance for the significant new activity. In order to address human health concerns, the Order would target the use of the substance in consumer products to which the Canada Consumer Product Safety Act (CCPSA) applies. Consumer products are potential sources of direct and significant human exposure to this substance. For the manufacture of such products with the substance, notification would be required when the concentration of the substance in the consumer product is equal to or greater than 0.1% by weight.

For any other activity related to the substance in consumer products, notification would be required when the concentration of the substance in the product is equal to or greater than 0.1% by weight, and the total quantity of the substance involved in the activity during a calendar year is greater than 10 kg. For example, notification would be required if a company plans to import a product (e.g. cleaning or washing agents) to be used by consumers where the concentration of the substance in these agents is greater than 0.1% by weight, where there is more than 10 kg of the substance involved in a calendar year.

Activities not subject to the proposed Order

Activities involving the use of the substance in the manufacture of consumer products that contain the substance at a concentration less than 0.1% by weight would be excluded from the application of the proposed Order. Similarly, any other activity involving the use of the substance in a consumer product would not be subject to the Order if the total quantity of the substance involved in the activity is 10 kg or less in a calendar year. For any activity involving more than 10 kg of the substance in a calendar year, the proposed Order would not apply if the concentration of the substance in the consumer product involved in the activity is less than 0.1% by weight.

The use of the substance as a research and development substance, a site-limited intermediate substance or an export-only substance would not require the submission of a SNAN as these activities are not expected to result in exposure to the general population in Canada. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). An export-only substance is a substance that is used to manufacture a product that is destined solely for foreign markets.

The proposed Order would not apply to uses of the substance that are regulated under the Acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The Order would also not apply to transient reaction intermediates, impurities, contaminants, partially unreacted intermediates or, in some circumstances, to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

Information to be submitted

The NOI sets out the proposed requirements for information that would have to be provided to the Minister 180 days before the day on which the substance is imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct environmental and human health assessments within 180 days after the complete information is received.

The information requirements in the proposed Order relate to general information in respect of the substance, details surrounding its use, and to exposure information. Some of the proposed information requirements are set out in the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to SNAc provisions,^{footnote 5} a person is expected to make use of information in their possession or to which they may reasonably be expected to have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information, and the relevant safety data sheet (SDS).^{footnote 6}

Although an SDS is an important source of information on the composition of a purchased product, it should be noted that the goal of the SDS is to protect the health of workers in the workplace from specific hazards of chemical products. Therefore, an SDS may not list all product ingredients that may be subject to an order due to human health or environmental concerns. Any person requiring more detailed information on product composition is encouraged to contact their supplier.

If any information becomes available that reasonably supports the conclusion that the substance is toxic or capable of becoming toxic, the person who is in possession of or has knowledge of the information, and is involved in activities with the substance, is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of their clients. For example, in cases where a person receives possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if the activities were covered by the original SNAN. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject.

Any person who transfers the physical possession or control of a substance subject to an order should notify all persons to whom the physical possession or control is transferred of the obligation to comply with the order, including the obligation to notify the Minister of any significant new activity and to provide all the required information outlined above.

A pre-notification consultation (PNC) is recommended for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

Where a person has questions concerning their obligations to comply with an order, believes they may be out of compliance, or would like to request a PNC, they are encouraged to discuss their particular circumstances by contacting the Substances Management Information Line.^{footnote 7}

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to the following factors when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations and consistency in enforcement.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to amend the Domestic Substances List under subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to the substance ethanol, 2-[(2-aminoethyl)amino]-, referred to under the Chemicals Management Plan as AEEA

Whereas the substance ethanol, 2-[(2-aminoethyl)amino]- (Chemical Abstracts Service Registry No. 111-41-1) is specified on the Domestic Substances List;^{footnote 2}

Whereas the Minister of the Environment and the Minister of Health (the ministers) have conducted a screening assessment of AEEA under section 68 of the Canadian Environmental Protection Act, 1999,^{footnote 3} which was published on May 28, 2016, in the Canada Gazette, Part I;

Notice is hereby given that the Minister of the Environment intends to amend the Domestic Substances List pursuant to subsection 87(3) of the Canadian Environmental Protection Act, 1999 to indicate that subsection 81(3) of that Act applies to any significant new activity relating to this substance, as set out in this notice.

Public comment period

Any person may, within 60 days of publication of this notice, file with the Minister of the Environment comments with respect to this proposal. All comments must cite the Canada Gazette, Part I, and the date of publication of this notice and can be submitted using the online reporting system available through Environment and Climate Change Canada’s Single Window, be sent by mail to the Executive Director, Program Development and Engagement Division, Environment and Climate Change Canada, Gatineau, Quebec K1A 0H3, by fax to 819‑938‑5212, or by email to eccc.substances.eccc@canada.ca.

The screening assessment for AEEA may be obtained from the Canada.ca (Chemical Substances) website.

Nancy Hamzawi
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

ANNEX

1. Part 1 of the Domestic Substances List is proposed to be amended by deleting the following:

111-41-1

2. Part 2 of the List is proposed to be amended by adding the following:


Column 1 Substance	Columnn 2 Significant new activity for which substance is subject to subsection 81(3) of the Act
111-41-1 S’	1. The use of ethanol, 2-[(2-aminoethyl)amino]- in the manufacture of any of the following products such that the substance is present in the product in a concentration equal to or greater than 0.1% by weight: (a) a consumer product to which the Canada Consumer Product Safety Act applies that is to be sold in a container larger than 250 mL; or (b) a cosmetic, as defined in section 2 of the Food and Drugs Act. 2. Any other activity involving the use of ethanol, 2-[(2-aminoethyl)amino]- in a quantity greater than 10 kg in a calendar year in any of the following products, if the products contain the substance at a concentration equal to or greater than 0.1% by weight: (a) a consumer product to which the Canada Consumer Product Safety Act applies that is to be sold in a container larger than 250 mL; or (b) a cosmetic, as defined in section 2 of the Food and Drugs Act. 3. Despite sections 1 and 2, the use of the substance is not a significant new activity if the substance is used: (a) as a research and development substance or as a site-limited intermediate substance, as defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers); or (b) in the manufacture of a product referred to in those sections and that is intended only for export. 4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the significant new activity begins: (a) a description of the significant new activity; (b) the anticipated annual quantity of the substance to be used in relation to the significant new activity; (c) the information specified in items 3 to 7 of Schedule 4 to the New Substances Notification Regulations (Chemicals and Polymers); (d) the information specified in paragraphs 2(d) to (f) and 8(f) and (g) of Schedule 5 to those Regulations; (e) a description of the consumer product or cosmetic that contains the substance, the intended use of that consumer product or cosmetic and the function of the substance in that consumer product or cosmetic; (f) a description of how the consumer product or cosmetic is intended to be used or applied; (g) the total quantity of the consumer product or cosmetic expected to be sold in Canada in a calendar year by the person proposing the significant new activity; (h) all other information and test data in respect of the substance that are in the possession of the person proposing the significant new activity, or to which they may reasonably be expected to have access, and that permit the identification of hazards of the substance to the environment and human health and the degree of environmental and public exposure to the substance; (i) the name of every government department or government agency, either outside or within Canada, to which the person proposing the significant new activity has provided information regarding the use of the substance and, if known, the department’s or agency’s file number and, if any, the outcome of the department’s or agency’s assessment and the risk management actions in relation to the substance imposed by the department or agency; (j) the name, civic and postal addresses, telephone number and, if any, the fax number and email address of the person proposing the significant new activity and, if they are not resident in Canada, of the person resident in Canada that is authorized to act on their behalf; and (k) a certification that the information is accurate and complete, dated and signed by the person proposing the significant new activity if they are resident in Canada or, if not, by the person resident in Canada that is authorized to act on their behalf. 5. The information referred to in section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

COMING INTO FORCE

3. The Order would come into force on the day on which it is registered.

EXPLANATORY NOTE

(This explanatory note is not part of the Notice of Intent.)

Description

The Notice of Intent (NOI) is an opportunity for the public to comment on the proposed amendment to the Domestic Substances List (DSL) to apply the Significant New Activity (SNAc) provisions of the Canadian Environmental Protection Act, 1999^{footnote 4} (CEPA) to the substance ethanol, 2-[(2-aminoethyl)amino]- (referred to under the Chemicals Management Plan as AEEA, Chemical Abstracts Service [CAS] Registry No. 111-41-1), pursuant to subsection 87(3) of the Act).

The DSL amendment is not in force until the Order is adopted by the Minister pursuant to subsection 87(3) of CEPA. The Order must be published in the Canada Gazette, Part II.

In June 2016, a Notice of Intent to apply the SNAc provisions of CEPA was published for AEEA in the Canada Gazette, Part I. During the public comment period, new information was received that required revising the scope of the proposed SNAc provisions. As a result of this new information, other revisions were made to the SNAc definition. Consequently, the NOI has been republished with revised SNAc requirements.

Applicability of the proposed Order

At this time, it is proposed that the Order amending the DSL would require any person (individual or corporation) engaging in a significant new activity in relation to AEEA to submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Order at least 90 days prior to the import, manufacture, or use of the substance for the significant new activity.

In order to address potential human health concerns, the Order would target the use of the substance in consumer products to which the Canada Consumer Product Safety Act (CCPSA) applies and in cosmetics within the meaning of section 2 of the Food and Drugs Act. For the manufacture of consumer products, notification would be required when the concentration of the substance in the consumer product would be 0.1% (by weight) or more and the consumer product is sold in a container larger than 250 mL. For the manufacture of cosmetics, notification would be required when the concentration of the substance in the cosmetic would be 0.1% (by weight) or more.

For any other activity related to consumer products, notification would be required when, during a calendar year: the concentration of the substance in the consumer product is 0.1% (by weight) or more; the consumer product is to be sold in a container larger than 250 mL; and the total quantity of the substance used that is contained in the consumer product is greater than 10 kg. For example, notification would be required if a company plans to import a product (for example paint) to be used by consumers in containers larger than 250 mL, where the concentration of the substance in the product is 0.1% or greater and where more than 10 kg of the substance would be used in a calendar year. Examples of products of concern would include, but would not be limited to, do-it-yourself products such as paints, coatings, adhesives, sealants, and epoxies.

Similarly, for any other activity related to cosmetics, notification would be required when, during a calendar year: the concentration of the substance in the cosmetic is 0.1% (by weight) or more and the total quantity of the substance used that is in the cosmetic is greater than 10 kg.

The substance AEEA is not known to be currently used in consumer products that are sold in containers larger than 250 mL or in cosmetics in Canada.

Activities not subject to the proposed Order

Activities involving the use of the substance in the manufacture of consumer products or cosmetics at a concentration less than 0.1% by weight or a product that is a consumer product sold in a container with a volume equal to or less than 250 mL would be excluded from the application of the proposed Order. Similarly, any other activity involving the use of the substance in a consumer product or cosmetic would not be subject to the Order if the total quantity of the substance were 10 kg or less in a calendar year. For activities involving more than 10 kg of the substance in a calendar year, the proposed Order would not apply if the concentration of the substance in the consumer product or cosmetic involved in the activity is less than 0.1% by weight or if the product is a consumer product to be sold in a container with a volume equal to or less than 250 mL.

The use of AEEA as a research and development substance, a site-limited intermediate substance or to manufacture export-only consumer products or cosmetics would not require a notification, as these activities are not expected to result in exposure to the general population of Canada. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers). An export-only consumer product or cosmetic is one manufactured with the substance and destined solely for foreign markets.

The proposed Order would not apply to the uses of the substance that are regulated under the acts of Parliament listed in Schedule 2 of CEPA, including the Pest Control Products Act, the Fertilizers Act and the Feeds Act. The proposed Order would also not apply to transient reaction intermediates, impurities, contaminants, or partially unreacted intermediates, or in some circumstances, to items such as wastes, mixtures or manufactured items. However, it should be noted that individual components of a mixture may be subject to notification under the proposed Order. See subsection 81(6) and section 3 of CEPA, and section 3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers for additional information.

Information to be submitted

The NOI sets out the proposed requirements for information that would need to be provided to the Minister 90 days before the day on which the substance is imported, manufactured or used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct human health and environmental assessments within 90 days after the complete information is received.

The information requirements in the proposed Order relate to general information in respect of the substance, details surrounding its use, and exposure information. Some of the proposed information requirements set out in the proposed Order reference the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 4 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Compliance

When assessing whether or not a substance is subject to SNAc provisions,^{footnote 5} a person is expected to make use of information in their possession or to which they may reasonably be expected to have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant safety data sheet (SDS).^{footnote 6}

If any information becomes available that reasonably supports the conclusion that the substance AEEA is toxic or capable of becoming toxic, the person who is in possession or has knowledge of the information and is involved in activities with the substance is obligated, under section 70 of CEPA, to provide that information to the Minister without delay.

A company can submit a SNAN on behalf of its clients. For example, in cases where a person receives possession and control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by the original SNAN submitted on their behalf. The Substances Management Advisory Note “Clarification in relation to the submission of Significant New Activity Notifications in application of the Canadian Environmental Protection Act, 1999” provides more detail on this subject.

A pre-notification consultation (PNC) is available for notifiers who wish to consult during the planning or preparation of their SNAN to discuss any questions or concerns they have about the prescribed information and test plans.

Where a person has questions concerning their obligations to comply with an order, believes they may be out of compliance or would like to request a PNC, they are encouraged to discuss their particular circumstances with the program by contacting the Substances Management Information Line.^{footnote 7}

CEPA is enforced in accordance with the publicly available Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999. In instances of non-compliance, consideration is given to the following factors, when deciding which enforcement measure to take: nature of the alleged violation, effectiveness in achieving compliance with CEPA and its regulations and consistency in enforcement.

DEPARTMENT OF FINANCE

BANK ACT

Wells Fargo Rail Canada ULC (“WFRCU”), Wells Fargo Rail Corporation (“WFRC”), Wells Fargo Bank, National Association and its affiliates — Order deeming entities not to be entities associated with a foreign bank

Pursuant to subsection 507(19) of the Bank Act, notice is hereby given of the issuance, pursuant to section 3 of the Entity Associated with a Foreign Bank Regulations, of an order deeming WFRCU, WFRC and a Canadian entity acquired by WFRCU or WFRC where the entity owns Canadian railcars (“Acquired Canadian Railcar entity”) not to be entities associated with a foreign bank for the purposes of paragraphs 510(1)(a) and (b) of the Bank Act. The order also deems Wells Fargo Bank, National Association and its affiliates not to be entities associated with a foreign bank for the purposes of paragraph 510(1)(d) of the Bank Act, provided that the order only applies in relation to those entities’ control of, or substantial investment in, WFRCU and an Acquired Canadian Railcar entity for the first 24 months following the date of its acquisition by WFRC or WFRCU. The order was effective as of July 20, 2020.

William Morneau
Minister of Finance

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

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

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

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

And whereas, pursuant to subsection 6.41(1.2)^{footnote i} 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)g of the Aeronautics Act^{footnote h}, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 3.

Ottawa, July 13, 2020

Marc Garneau
Minister of Transport

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

Interpretation

Definitions

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

air carrier means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
COVID-19 means the coronavirus disease 2019. (COVID-19)
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)
Regulations means the Canadian Aviation Regulations. (Règlement)
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. (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, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

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 that operates 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 from any other country except the United States, a foreign national must confirm to the private operator or air carrier that operates 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 from the United States, a foreign national must confirm to the private operator or air carrier that operates 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) that they know to be false or misleading.

False declaration — Quarantine Act Orders

(5) A foreign national must not provide a confirmation under subsection (2) or (3) that they know to be false or misleading.

Exception

(6) 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 except the United States.

Exception

6 Section 5 does not apply to a foreign national who is permitted to enter Canada under the order referred to in subsection 2(2).

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 refused boarding 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 be refused boarding 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 refused boarding 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).

Waiting 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 the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 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.

Obligation

12 (1) An air carrier must use equipment to conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates.

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 and the first temperature screening was not conducted using equipment that complies with the standards or was not conducted following the procedures set out in the standards. The second temperature screening must be conducted using equipment that complies with the standards and conducted following those procedures.

Notification

13 (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may be refused boarding of an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under section 12 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 that operates the flight that they understand that they may be refused boarding of an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under section 12 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 a temperature screening conducted under section 12 indicates that the person has an elevated temperature, the air carrier must

(a) refuse boarding to the person; 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 refuse boarding to the person.

Waiting period of 14 days

15 A person who is refused boarding of 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 the elevated temperature referred to in subsection 14(1) is not related to COVID-19.

Obligation — equipment

16 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under section 12 in accordance with the standards.

Obligation — training

17 An air carrier must ensure that the person using the equipment to conduct temperature screenings under section 12 has been trained, in accordance with the standards, to operate the equipment and interpret the data that the equipment produces.

Record keeping — equipment

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

(a) the number of persons who are refused boarding under paragraph 14(1)(a);
(b) the make and model of the equipment that the air carrier used to conduct the temperature screenings under section 12;
(c) 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;
(d) 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 in accordance with the standards to conduct temperature screenings under section 12 on behalf of the air carrier, 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 available to the Minister on request.

Face Masks

Non-application

19 Sections 20 to 25 do not apply to any of the following persons:

(a) an infant;
(b) a person who has breathing difficulties unrelated to COVID-19;
(c) a person who is unconscious;
(d) a person who is unable to remove their face mask without assistance;
(e) a crew member;
(f) a gate agent.

Notification

20 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

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

Wearing of face mask — persons

22 (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’s 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 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

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

Prohibition — private operator or air carrier

24 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

25 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

26 (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

27 (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

28 Section 29 does not apply to any of the following persons:

(a) an infant;
(b) a person who has breathing difficulties unrelated to COVID-19;
(c) a person who is unconscious;
(d) a person who is unable to remove their face mask without assistance;
(e) a person who is on a flight that originates in Canada and is destined to another country.

Wearing of face mask — person

29 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

30 (1) For the purpose of sections 31 and 34, 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 31 to 34 do not apply to any of the following persons:

(a) an infant;
(b) a person who has breathing difficulties unrelated to COVID-19;
(c) a person who is unconscious;
(d) a person who is unable to remove their face mask without assistance;
(e) a member of emergency response provider personnel who is responding to an emergency;
(f) a peace officer who is responding to an emergency.

Definitions — Canadian Aviation Security Regulations, 2012

(3) In this section and sections 31 to 34, non-passenger screening checkpoint, passenger screening checkpoint, peace officer, restricted area and sterile area have the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Requirement — passenger screening checkpoint

31 (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

32 (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

33 Sections 31 and 32 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

34 (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, including a sterile 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

35 (1) The provisions of this Interim Order set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

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

Notice

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

(a) the particulars of the alleged contravention;
(b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
(c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
(d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
(e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

36 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 2, made on June 30, 2020, is repealed.

SCHEDULE

(Subsections 35(1) and (2))

Designated Provisions
Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
Column 1 Designated Provision	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
Subsection 3(5)	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	25,000
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 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	25,000
Section 21	5,000
Subsection 22(1)	5,000	25,000
Section 23	5,000
Section 24	5,000	25,000
Section 25	5,000	25,000
Subsection 26(1)	5,000	25,000
Subsection 27(1)	5,000	25,000
Section 29	5,000
Subsection 31(1)		25,000
Subsection 31(2)	5,000
Subsection 31(3)	5,000
Subsection 31(4)	5,000
Subsection 32(1)	5,000
Subsection 32(2)	5,000
Subsection 34(1)		25,000
Subsection 34(2)		25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 7

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 7 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)^{footnote i} of the Aeronautics Act ^{footnote h}, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 7.

Ottawa, September 2, 2020

Marc Garneau
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 7

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

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

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

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

(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

Observations — private operator or air carrier

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 the equipment and interpret the data that the equipment 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;
(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 — Flights Originating in Canada

Definition of screening authority

19 (1) For the purposes of sections 19 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 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;
(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 — crew member or person not intending to board aircraft

(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, 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 calibrate and maintain the equipment that it uses to conduct temperature screenings under section 21 to ensure 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 the equipment and interpret the data that the equipment 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;
(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

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

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

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

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. 6, made on August 20, 2020, is repealed.

SCHEDULE 1

(Subsection 19(1))

Aerodromes
Name	ICAO Location Indicator
Calgary International Airport	CYYC
Montréal / Pierre Elliott Trudeau International Airport	CYUL
Toronto / Lester B. Pearson International Airport	CYYZ
Vancouver International Airport	CYVR

SCHEDULE 2

(Subsections 47(1) and (2))

Designated Provisions
Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
Column 1 Designated Provision	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

ENVIRONMENT AND CLIMATE CHANGE CANADA

SPECIES AT RISK ACT

Description of Marbled Murrelet critical habitat in the Widgeon Valley National Wildlife Area

The Marbled Murrelet (Brachyramphus marmoratus) is a small seabird listed as Threatened on Schedule 1 of the Species at Risk Act. In Canada, Marbled Murrelets are found in coastal waters and adjacent inland old-growth forested areas along the Pacific Coast of British Columbia.

The recovery strategy for the Marbled Murrelet (recovery strategy) identifies critical habitat for the species in a number of areas containing suitable nesting habitat, including within federally protected areas.

Notice is hereby given that, pursuant to subsection 58(2) of the Species at Risk Act, subsection 58(1) of that Act applies, 90 days after this publication, to the critical habitat of the Marbled Murrelet identified in the recovery strategy for that species that is included on the Species at Risk Public Registry, that is found within the Widgeon Valley National Wildlife Area described in Schedule 1 of the Wildlife Area Regulations made pursuant to the Canada Wildlife Act.

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

September 12, 2020

Sarah Wren
Director
Species at Risk Act Implementation
Canadian Wildlife Service

INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA

RADIOCOMMUNICATION ACT

Notice No. SLPB-002-20 — Consultation on the Technical and Policy Framework for the 3650-4200 MHz Band and Changes to the Frequency Allocation of the 3500-3650 MHz Band

The intent of this notice is to announce Innovation, Science and Economic Development Canada’s (ISED) initiation of a public consultation on revisions to the 3650-4200 MHz band (also referred to as the 3800 MHz band) to accommodate flexible use for fixed and mobile services through the release of the document entitled Consultation on the Technical and Policy Framework for the 3650-4200 MHz Band and Changes to the Frequency Allocation of the 3500-3650 MHz Band.

Submitting comments

To ensure consideration, parties should submit their comments no later than October 26, 2020. Respondents are asked to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email at ic.spectrumauctions-encheresduspectre.ic@canada.ca. Soon after the close of the comment period, all comments will be posted on ISED’s Spectrum Management and Telecommunications website. ISED will review and consider all comments in order to arrive at its decisions regarding the above-mentioned consultation.

ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until November 30, 2020.

All submissions should cite the Canada Gazette, Part I, the publication date, the title and the reference number of this notice (SLPB-002-20).

Obtaining copies

Copies of this notice and of documents referred to herein are available electronically on ISED’s Spectrum Management and Telecommunications website.

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

August 27, 2020

Chantal Davis
Director
Spectrum Regulatory and Best Practices
Spectrum Licensing Policy 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
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
President	Canadian Space Agency
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
Member	Social Sciences and Humanities Research Council of Canada
President	Social Sciences and Humanities Research Council of Canada
Member	Social Security Tribunal 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
Member	Transportation Safety Board of Canada

BANK OF CANADA

Statement of financial position as at June 30, 2020

(Millions of dollars) Unaudited
ASSETS	Amount	Total
Cash and foreign deposits		7.8
Loans and receivables
Securities purchased under resale agreements	205,185.5
Advances to members of Payments Canada	606.2
Other receivables	4.4
		205,796.1
Investments
Governement of Canada treasury bills	129,525.6
Government of Canada bonds — carried at amortized cost	86,424.0
Government of Canada bonds — carried at FVTPL	81,517.0
Canada Mortgage Bonds	7,447.9
Other bonds	5,268.4
Other securities	10,965.8
Share in the Bank for International Settlements (BIS)	490.2
		321,638.9
Derivatives — Indemnity agreements with the Government of Canada		—
Capital assets
Property and equipment	578.4
Intangible assets	67.0
Righ-of-use leased assets	48.6
		694.0
Other assets		60.4
Total assets		528,197.2

LIABILITIES AND EQUITY	Amount	Total
Bank notes in circulation		100,065.7
Deposits
Government of Canada	146,572.5
Members of Payments Canada	269,227.8
Other deposits	10,679.1
		426,479.4
Securities sold under repurchase agreements		—
Derivatives — Indemnity agreements with the Government of Canada		450.7
Other liabilities		619.2
		527,615.0
Equity
Share capital	5.0
Statutory and special reserves	125.0
Investment revaluation reserve	452.2
		582.2
Total Liabilities and Equity		528,197.2

I declare that the foregoing statement is correct according to the books of the Bank.

Ottawa, July 29, 2020

Coralia Bulhoes
Chief Financial Officer and Chief Accountant

I declare that the foregoing statement is to the best of my knowledge and belief correct, and shows truly and clearly the financial position of the Bank, as required by section 29 of the Bank of Canada Act.

Ottawa, July 29, 2020

Tiff Macklem
Governor

Statement of financial position as at July 31, 2020

(Millions of dollars) Unaudited
ASSETS	Amount	Total
Cash and foreign deposits		7.6
Loans and receivables
Securities purchased under resale agreements	185,554.2
Advances	626.2
Other receivables	4.6
		186,185.0
Investments
Government of Canada treasury bills	133,807.9
Government of Canada bonds — carried at amortized cost	90,659.6
Governement of Canada bonds — carried at FVTPL	108,314.5
Canada Mortgage Bonds	8,176.9
Other bonds	7,148.4
Other securities	7,372.2
Shares in the Bank for International Settlements (BIS)	501.9
		355,981.4
Derivatives — Indemnity agreements with the Government of Canada		—
Capital assets
Property and equipment	575.6
Intangible assets	68.9
Right-of-use leased assets	48.2
		692.7
Other assets		38.3
Total assets		542,905.0

LIABILITIES AND EQUITY	Amount	Total
Bank notes in circulation		102,058.2
Deposits
Government of Canada	148,230.7
Members of Payments Canada	281,971.9
Other deposits	8,258.5
		438,461.1
Securities sold under repurchase agreements		43.0
Derivatives — Indemnity agreements with the Government of Canada		964.0
Other liabilities		784.8
		542,311.1
Equity
Share capital	5.0
Statutory and special reserves	125.0
Investment revaluation reserve	463.9
		593.9
Total Liabilities and Equity		542,905.0

I declare that the foregoing statement is correct according to the books of the Bank.

Ottawa, August 19, 2020

Carolia Bulhoes
Chief Financial Officer and Chief Accountant

Ottawa, August 19, 2020

Tiff Macklem
Governor