Canada Gazette, Part I, Volume 156, Number 5: GOVERNMENT NOTICES
January 29, 2022
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice with respect to the availability of environmental occurrences notification agreements
Notice is hereby given, pursuant to subsection 9(2) of the Canadian Environmental Protection Act, 1999 (CEPA), that the Minister of the Environment has negotiated an environmental occurrences notification agreement with the government of each of the following provinces and territory: Alberta, British Columbia, Manitoba, Ontario, Saskatchewan and Yukon.
The proposed notification agreements listed below are available for public consultation as of Saturday, January 29, 2022, on the CEPA Environmental Registry website.
- Canada-Alberta Environmental Occurrences Notification Agreement
- Canada-British Columbia Environmental Occurrences Notification Agreement
- Canada-Manitoba Environmental Occurrences Notification Agreement
- Canada-Ontario Environmental Occurrences Notification Agreement
- Canada-Saskatchewan Environmental Occurrences Notification Agreement
- Canada-Yukon Environmental Occurrences Notification Agreement
Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments or a notice of objection with respect to the proposed notification agreements. All comments and notices of objection must cite the Canada Gazette, Part I, as well as the date of publication of this notice. Responses to this notice must be submitted to the Minister of the Environment, to the attention of the Manager, Horizontal Policy, Environmental Emergencies Division at kuan.li@ec.gc.ca. Inquiries concerning the notice may be directed to the Manager, Horizontal Policy, at the above-mentioned email address.
Pursuant to section 313 of CEPA, any person who provides information in response to this notice may submit, with the information, a written request that the information be treated as confidential.
Gatineau, January 12, 2022
Steven Guilbeault
Minister of the Environment
DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Withdrawal of select guidelines for Canadian drinking water quality
Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the final withdrawal of select guidelines for Canadian drinking water quality. The document is available on the Water Quality website. It underwent a public consultation period of 60 days in 2020 and was updated to take into consideration the comments received.
January 21, 2022
Greg Carreau
Director General
Safe Environments Directorate
On behalf of the Minister of Health
ANNEX
Executive summary
Health Canada, in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water, is withdrawing the existing Guidelines for Canadian Drinking Water Quality (GCDWQ) for 17 chemical substances, including 13 pesticides. It was determined that the GCDWQ are no longer required since these contaminants are unlikely to be found in Canadian drinking water at levels that may pose a risk to human health.
The guidelines for the following pesticides are withdrawn: azinphos-methyl, carbaryl, carbofuran, diazinon, diclofop-methyl, diuron, metolachlor, paraquat, phorate, picloram, simazine, terbufos, and trifluralin. The other chemical substances withdrawn are 1,2-dichlorobenzene, 2,4-dichlorophenol, 2,3,4,6-tetrachlorophenol and monochlorobenzene.
The document summarizes the current available information supporting the withdrawal of the 17 GCDWQ, taking into account any key updates in the current scientific information for these parameters, changes in registration status (for pesticides) and Canadian exposures from drinking water monitoring data provided by the provinces and territories.
DEPARTMENT OF HEALTH
HAZARDOUS MATERIALS INFORMATION REVIEW ACT
Filing of claims for exemption
A supplier can file a claim for exemption under the Hazardous Materials Information Review Act (HMIRA) with Health Canada from having to disclose information under the Hazardous Products Act (HPA) and the Hazardous Products Regulations (HPR) that they consider to be confidential business information (CBI) on a safety data sheet (SDS) or label associated with a hazardous product.
An employer can also file a claim for exemption under the HMIRA with Health Canada from having to disclose information under the Canada Labour Code or the provisions of the Accord Act that they consider to be CBI on an SDS or label associated with a hazardous product.
Notice is hereby given of the filing of claims for exemption under the HMIRA listed in the table below.
Claimant | Product identifier | Subject of the claim for exemption | Registry number |
---|---|---|---|
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* CS-2000* Additive | C.i. of one ingredient | 03428904 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* CS-2010* Solvent | C.i. and C. of one ingredient | 03428905 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* CS-2020* Solvent | C.i. of one ingredient | 03428906 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* CS-Plus* Additive | C.i. of one ingredient | 03428907 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* CS-Plus* Solvent FF | C.i. of one ingredient | 03428908 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* CS-Plus* Solvent | C.i. and C. of one ingredient | 03428909 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* SS-3* Additive | C.i. of one ingredient | 03428910 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* TG-10* Additive | C.i. of one ingredient | 03428911 |
INEOS GAS/SPEC* Technology Group a Division of INEOS America | GAS/SPEC* TG-10* Solvent | C.i. and C. of one ingredient | 03428912 |
Halliburton Group Canada | Excelerate LX-12 | C.i. and C. of three ingredients C. of one ingredient | 03430241 |
Allnex Canada Inc., c/o Goodmans, LLP | RX 20441 | C.i. of three ingredients | 03430759 |
Arkon Solutions Corp. | ArkVisc VES-1009 | C.i. and C. of three ingredients | 03430760 |
SUEZ Water Technologies & Solutions Canada | GENGARD GN8020A | C.i. and C. of one ingredient | 03430761 |
Baker Hughes Canada Company | TOPGUARD™ 1245 CORROSION INHIBITOR | C.i. of one ingredient | 03430977 |
Dow Chemical Canada ULC | DELTA-THERM™ AR 8501 Polyol | C.i. of one ingredient | 03430987 |
Evergreen Solutions Corp. | PrevaCor 3021 | C.i. and C. of five ingredients | 03431023 |
Evergreen Solutions Corp. | PrevaCor 3025 | C.i. and C. of five ingredients | 03431024 |
Evergreen Solutions Corp. | KnockOut | C.i. and C. of six ingredients | 03431025 |
Evergreen Solutions Corp. | KnockOut HW | C.i. and C. of six ingredients | 03431026 |
Evergreen Solutions Corp. | MineWash | C.i. and C. of four ingredients | 03431027 |
Nalco Canada ULC | NALCO® 64579 | C.i. of one ingredient | 03431113 |
Integrity Bio-Chemicals, LLC | CM2200 | C.i. of one ingredient | 03431114 |
ZL Chemicals Ltd. | ZLPAM-FR® | C.i. and C. of three ingredients | 03431130 |
King Industries Inc. | K-KAT 670 | C.i. and C. of two ingredients | 03431306 |
The Lubrizol Corporation | EVOGEN 5201 | C.i. of one ingredient | 03431307 |
ChampionX Canada ULC | AIM1022 | C.i. and C. of two ingredients | 03432049 |
Integrity Bio-Chem, LLC | NE11XT W | C.i. of two ingredients | 03432059 |
Calfrac Well Services Ltd. | CalTreat™ 7322 | C.i. and C. of one ingredient | 03432118 |
Hexion Inc. | Epoxy Research Curing Agent RSC-4628 | C.i. of one ingredient | 03432787 |
ChampionX Canada ULC | FLOW18397A | C.i. and C. of one ingredient | 03433192 |
Verifrac - Verdechem Technologies Company | VERISTIM 101 | C.i. and C. of one ingredient | 03433342 |
Primekss SIA | PrimX DC | C.i. and C. of one ingredient | 03434205 |
Verifrac - Verdechem Technologies Company | VERISTIM 301 | C.i. and C. of one ingredient | 03437156 |
ChampionX Canada ULC | EMBR12422A | C.i. and C. of one ingredient | 03437371 |
Italmatch USA Corporation | Dequest FS8911 | C.i. of one ingredient | 03438082 |
Lynn Berndt-Weis
Director
Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 52
Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 52 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote a and 4.9footnote b, paragraphs 7.6(1)(a)footnote c and (b)footnote d and section 7.7footnote e of the Aeronautics Actfootnote f;
And whereas, pursuant to subsection 6.41(1.2)footnote g of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;
Therefore, the Minister of Transport, pursuant to subsection 6.41(1)footnote g of the Aeronautics Act footnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 52.
Ottawa, January 15, 2022
Omar Alghabra
Minister of Transport
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 52
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
- accredited person
- means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
- aerodrome property
- means, in respect of an aerodrome listed in Schedule 2, any air terminal buildings or restricted areas or any facilities used for activities related to aircraft operations or aerodrome operations that are located at the aerodrome. (terrains de l’aérodrome)
- 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)
- Canadian Forces
- means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
- Chief Public Health Officer
- means the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act. (administrateur en chef)
- COVID-19
- means the coronavirus disease 2019. (COVID-19)
- COVID-19 molecular test
- means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
- document of entitlement
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- non-passenger screening checkpoint
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
- Omicron variant
- means the SARS-CoV-2 variant B.1.1.529, designated as a variant of concern and named Omicron by the World Health Organization. (variant Omicron)
- operator of an aerodrome
- means the person in charge of an aerodrome where activities related to civil aviation are conducted and includes an employee, agent or mandatary or other authorized representative of that person. (exploitant)
- 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 authority
- means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. (administration de contrôle)
- screening officer,
- except in section 2, has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Conflict
(3) In the event of a conflict between this Interim Order and the Regulations or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.
Definition of mask
(4) For the purposes of this Interim Order, a mask means any mask, including a non-medical mask, that meets all of the following requirements:
- (a) it is made of multiple layers of tightly woven materials such as cotton or linen;
- (b) it completely covers a person’s nose, mouth and chin without gaping;
- (c) it can be secured to a person’s head with ties or ear loops.
Masks — lip reading
(5) Despite paragraph (4)(a), the portion of a mask in front of a wearer’s lips may be made of transparent material that permits lip reading if
- (a) the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and
- (b) there is a tight seal between the transparent material and the rest of the mask.
Definition of fully vaccinated person
(6) For the purposes of this Interim Order, a fully vaccinated person means a person who completed, at least 14 days before the day on which they access aerodrome property or a location where NAV CANADA provides civil air navigation services, a COVID-19 vaccine dosage regimen if
- (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
- (b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.
Interpretation — fully vaccinated person
(7) For greater certainty, for the purposes of the definition fully vaccinated person in subsection (6), a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.
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 measures 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.
Suitable quarantine plan
(2) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, to the Minister of Health, a screening officer or a quarantine officer, by the electronic means specified by that Minister, a suitable quarantine plan or, if the person is not required under that order to provide the plan and the evidence, their contact information. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.
Vaccination
(3) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft or before entering Canada, to the Minister of Health, a screening officer or a quarantine officer, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The private operator or air carrier must also notify every person that they may be denied permission to board the aircraft and may be liable to a fine if this requirement applies to them and they fail to comply with it.
False confirmation
(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) that they know to be false or misleading.
Definitions
(5) The following definitions apply in this section.
- quarantine officer
- means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
- screening officer
- has the same meaning as in section 2 of the Quarantine Act. (agent de contrôle)
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.
False confirmation
(2) A person must not provide a confirmation referred to in subsection (1) that they know to be false or misleading.
Exception
(3) A competent adult may provide a confirmation referred to in subsection (1) 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).
Foreign Nationals
Prohibition
5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.
Exception
6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an order made under section 58 of the Quarantine Act.
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.
Notification
(2) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may be denied permission to board the aircraft if
- (a) 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 have reasonable grounds to suspect that they have, COVID-19;
- (c) they have been denied permission to board an aircraft in the previous 10 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.
Confirmation
(3) Every person boarding an aircraft for a flight that a private operator or air carrier operates must confirm to the private operator or air carrier that none of the following situations apply to them:
- (a) the person has, or has reasonable grounds to suspect that they have, COVID-19;
- (b) the person has been denied permission to board an aircraft in the previous 10 days for a medical reason related to COVID-19;
- (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
False confirmation — obligation of private operator or air carrier
(4) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers, with respect to the health check or a confirmation, that they know to be false or misleading.
False confirmation — obligations of person
(5) A person who, under subsections (1) and (3), is subjected to a health check and is required to provide a confirmation must
- (a) answer all questions; and
- (b) not provide answers or a confirmation that they know to be false or misleading.
Exception
(6) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who, under subsections (1) and (3), is subjected to a health check and is required to give a confirmation.
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 the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
- (c) the person’s confirmation under subsection 8(3) indicates that one of the situations described in paragraphs 8(3)(a), (b) or (c) applies to that person; or
- (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or to give the confirmation under subsection 8(3).
Period of 10 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 10 days after the denial, 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.
COVID-19 Molecular Test — Flights to Canada
Application
11 (1) Sections 12 to 17 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.
Non-application
(2) Sections 12 to 17 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test.
Notification
12 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person may be denied permission to board the aircraft if they are unable to provide evidence that they received a result for a COVID-19 molecular test.
Evidence — result of test
13 (1) Before boarding an aircraft for a flight, every person must provide to the private operator or air carrier operating the flight evidence that they received either
- (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time; or
- (b) a positive result for such a test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time.
Location of test — outside Canada
(1.1) The COVID-19 molecular test referred to in paragraph (1)(a) must be performed outside Canada.
Evidence — location of test
(2) For the purposes of paragraph (1)(a) and subsection (1.1), the COVID-19 molecular test must not have been performed in a country that is listed in Schedule 1 or in a country where, as determined by the Chief Public Health Officer, there is an outbreak of the Omicron variant or there is a risk of an outbreak of that variant.
Evidence — alternative testing protocol
13.1 Despite subsections 13(1) and (1.1), a person referred to in section 2.22 of the Order entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) must, before boarding an aircraft for a flight, provide to the private operator or air carrier operating the flight evidence of a COVID-19 molecular test that was carried out in accordance with an alternative testing protocol referred to in that section.
Evidence — elements
14 Evidence of a result for a COVID-19 molecular test must include
- (a) the person’s name and date of birth;
- (b) the name and civic address of the laboratory that administered the test;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
False or misleading evidence
15 A person must not provide evidence of a result for a COVID-19 molecular test that they know to be false or misleading.
Notice to Minister
16 A private operator or air carrier that has reason to believe that a person has provided evidence of a result for a COVID-19 molecular test that is likely to be false or misleading must notify the Minister as soon as feasible of the person’s name and contact information and the date and number of the person’s flight.
Prohibition
17 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if the person does not provide evidence that they received a result for a COVID-19 molecular test in accordance with the requirements set out in section 13 or 13.1.
Vaccination — Flights Departing from an Aerodrome in Canada
Application
17.1 (1) Sections 17.2 to 17.17 apply to all of the following persons:
- (a) a person boarding an aircraft for a flight that an air carrier operates departing from an aerodrome listed in Schedule 2;
- (b) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight that an air carrier operates;
- (c) an air carrier operating a flight departing from an aerodrome listed in Schedule 2.
Non-application
(2) Sections 17.2 to 17.17 do not apply to any of the following persons:
- (a) a child who is less than 12 years and four months of age;
- (b) a crew member;
- (c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier
- (i) only to become a crew member on board another aircraft operated by an air carrier,
- (ii) after having been a crew member on board an aircraft operated by an air carrier, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member;
- (d) a person who arrives at an aerodrome from any other country on board an aircraft in order to transit to another country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the aerodrome until they leave Canada;
- (e) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who boards an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight.
Notification
17.2 An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that
- (a) they must be a fully vaccinated person or a person referred to in any of paragraphs 17.3(2)(a) to (c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii);
- (b) they must provide to the air carrier evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person or evidence that they are a person referred to in any of paragraphs 17.3(2)(a) to (c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii); and
- (c) if they submit a request referred to in section 17.4, they must do so within the period set out in subsection 17.4(3).
Prohibition — person
17.3 (1) A person is prohibited from boarding an aircraft for a flight or entering a restricted area unless they are a fully vaccinated person.
Exception
(2) Subsection (1) does not apply to
- (a) a foreign national, other than a person registered as an Indian under the Indian Act, who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country;
- (b) a permanent resident who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country for the purpose of entering Canada to become a permanent resident;
- (c) a foreign national who is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada and who has received either
- (i) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time, or
- (ii) a positive result for such a test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time;
- (d) a person who has received a result for a COVID-19 molecular test described in subparagraph (c)(i) or (ii) and who is
- (i) a person who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
- (ii) a person who has not completed a COVID-19 vaccine dosage regimen due to a sincerely held religious belief and who is entitled to be accommodated on that basis under applicable legislation by being permitted to enter the restricted area or to board an aircraft without being a fully vaccinated person,
- (iii) a person who is boarding an aircraft for a flight for the purpose of attending an appointment for an essential medical service or treatment, or
- (iv) a competent person who is at least 18 years old and who is boarding an aircraft for a flight for the purpose of accompanying a person referred to in subparagraph (iii) if the person needs to be accompanied because they
- (A) are under the age of 18 years,
- (B) have a disability, or
- (C) need assistance to communicate; or
- (e) a person who has received a result for a COVID-19 molecular test described in subparagraph (c)(i) or (ii) and who is boarding an aircraft for a flight for a purpose other than an optional or discretionary purpose, such as tourism, recreation or leisure, and who is
- (i) a person who entered Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response,
- (ii) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who entered Canada for the purpose of providing those services,
- (iii) a person who entered Canada not more than 90 days before the day on which this Interim Order came into effect and who, at the time they sought to enter Canada,
- (A) held a permanent resident visa issued under subsection 139(1) of the Immigration and Refugee Protection Regulations, and
- (B) was recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations,
- (iv) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who entered Canada not more than 90 days before the day on which this Interim Order came into effect as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations,
- (v) an accredited person,
- (vi) a person holding a D-1, O-1 or C-1 visa who entered Canada to take up a post and become an accredited person, or
- (vii) a diplomatic or consular courier.
Persons — subparagraphs 17.3(2)(d)(i) to (iv)
17.4 (1) An air carrier must issue a document to a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv) who intends to board an aircraft for a flight that the air carrier operates or that is operated on the air carrier’s behalf under a commercial agreement if
- (a) in the case of a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iii), the person submits a request to the air carrier in respect of that flight in accordance with subsections (2) and (3) or such a request is submitted on their behalf;
- (b) in the case of a person referred to in subparagraph 17.3(2)(d)(i) or (ii), the air carrier is obligated to accommodate the person on the basis of a medical contraindication or a sincerely held religious belief under applicable legislation by issuing the document; and
- (c) in the case of a person referred to in subparagraph 17.3(2)(d)(iv), the person who needs accompaniment submits a request to the air carrier in respect of that flight in accordance with subsections (2) and (3) or such a request is submitted on their behalf.
Request — contents
(2) The request must be signed by the requester and include the following:
- (a) the person’s name and home address and, if the request is made by someone else on the person’s behalf, that person’s name and home address;
- (b) the date and number of the flight as well as the aerodrome of departure and the aerodrome of arrival;
- (c) in the case of a person described in subparagraph 17.3(2)(d)(i),
- (i) a document issued by the government of a province confirming that the person cannot complete a COVID-19 vaccination regimen due to a medical condition, or
- (ii) a medical certificate signed by a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and the licence number issued by a professional medical licensing body to the medical doctor or nurse practitioner;
- (d) in the case of a person described in subparagraph 17.3(2)(d)(ii), a statement sworn or affirmed by the person before a person appointed as a commissioner of oaths in Canada attesting that the person has not completed a COVID-19 vaccination regimen due to a sincerely held religious belief, including a description of how the belief renders them unable to complete such a regimen; and
- (e) in the case of a person described in subparagraph 17.3(2)(d)(iii), a document that includes
- (i) the signature of a medical doctor or nurse practitioner who is licensed to practise in Canada,
- (ii) the licence number issued by a professional medical licensing body to the medical doctor or nurse practitioner,
- (iii) the date of the appointment for the essential medical service or treatment and the location of the appointment,
- (iv) the date on which the document was signed, and
- (v) if the person needs to be accompanied by a person referred to in subparagraph 17.3(2)(d)(iv), the name and contact information of that person and the reason that the accompaniment is needed.
Timing of request
(3) The request must be submitted to the air carrier
- (a) in the case of a person referred to in subparagraph 17.3(2)(d)(i) or (ii), 21 days before the day on which the flight is initially scheduled to depart; and
- (b) in the case of a person referred to in subparagraph 17.3(2)(d)(iii) or (iv), 14 days before the day on which the flight is initially scheduled to depart.
Special circumstances
(4) In special circumstances, an air carrier may issue the document referred to in subsection (1) in response to a request submitted after the period referred to in subsection (3).
Content of document
(5) The document referred to in subsection (1) must include
- (a) a confirmation that the air carrier has verified that the person is a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv); and
- (b) the date and number of the flight as well as the aerodrome of departure and the aerodrome of arrival.
Record keeping
17.5 (1) An air carrier must keep a record of the following information:
- (a) the number of requests that the air carrier has received in respect of each exception referred to in subparagraphs 17.3(2)(d)(i) to (iv);
- (b) the number of documents issued under subsection 17.4(1); and
- (c) the number of requests that the air carrier denied.
Retention
(2) An air carrier must retain the record for a period of at least 12 months after the day on which the record was created.
Ministerial request
(3) The air carrier must make the record available to the Minister on request.
Copies of requests
17.6 (1) An air carrier must keep a copy of a request for a period of at least 90 days after the day on which the air carrier issued a document under subsection 17.4(1) or refused to issue the document.
Ministerial request
(2) The air carrier must make the copy available to the Minister on request.
Request for evidence — air carrier
17.7 Before permitting a person to board an aircraft for a flight that the air carrier operates, the air carrier must request that the person provide
- (a) evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person;
- (b) evidence that they are a person referred to in paragraph 17.3(2)(a) or (b); or
- (c) evidence that they are a person referred to in paragraph 17.3(2)(c) or any of subparagraphs 17.3(2)(d)(i) to (iv) or (e)(i) to (vii) and that they have received a result for a COVID-19 molecular test.
[17.8 reserved]
Provision of evidence
17.9 A person must, at the request of an air carrier, provide to the air carrier the evidence referred to in paragraph 17.7(a), (b) or (c).
Evidence of vaccination — elements
17.10 (1) Evidence of COVID-19 vaccination must be evidence issued by a non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, by a government or by an entity authorized by a government, and must contain the following information:
- (a) the name of the person who received the vaccine;
- (b) the name of the government or of the entity;
- (c) the brand name or any other information that identifies the vaccine that was administered; and
- (d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document specifies only the date on which the most recent dose was administered, that date.
Evidence of vaccination — translation
(2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.
Evidence of COVID-19 molecular test — result
17.11 (1) A result for a COVID-19 molecular test is a result described in subparagraph 17.3(2)(c)(i) or (ii).
Evidence of COVID-19 molecular test — elements
(2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(a) to (d).
Person — paragraph 17.3(2)(a)
17.12 (1) Evidence that the person is a person referred to in paragraph 17.3(2)(a) must be
- (a) a travel itinerary or boarding pass that shows that the initial scheduled departure time of the flight to an aerodrome in Canada is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country; and
- (b) their passport or other travel document issued by their country of citizenship or nationality.
Person — paragraph 17.3(2)(b)
(2) Evidence that the person is a person referred to in paragraph 17.3(2)(b) must be
- (a) a travel itinerary or boarding pass that shows that the initial scheduled departure time of the flight to an aerodrome in Canada is not more than 24 hours after the departure time of the flight taken by the person to Canada from any other country; and
- (b) a document entitled “Confirmation of Permanent Residence” issued by the Department of Citizenship and Immigration that confirms that the person became a permanent resident on entry to Canada after the flight taken by the person to Canada from any other country.
Person — paragraph 17.3(2)(c)
(3) Evidence that the person is a person referred to in paragraph 17.3(2)(c) must be
- (a) a travel itinerary or boarding pass that shows that the person is boarding an aircraft for a flight to a country other than Canada or to an aerodrome in Canada for the purpose of boarding an aircraft for a flight to a country other than Canada; and
- (b) their passport or other travel document issued by their country of citizenship or nationality.
Person — subparagraphs 17.3(2)(d)(i) to (iv)
(4) Evidence that the person is a person referred to in any of subparagraphs 17.3(2)(d)(i) to (iv) must be a document issued by an air carrier under subsection 17.4(1) in respect of the flight for which the person is boarding the aircraft or entering the restricted area.
Person — subparagraph 17.3(2)(e)(i)
(5) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(i) must be a document issued by the Minister of Health that indicates that the person was asked to enter Canada for the purpose of assisting in the COVID-19 response.
Person — subparagraph 17.3(2)(e)(ii)
(6) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(ii) must be a document from a government or non-governmental entity that indicates that the person was asked to enter Canada for the purpose of providing emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations.
Person — subparagraph 17.3(2)(e)(iii)
(7) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(iii) must be a document issued by the Department of Citizenship and Immigration that confirms that the person has been recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations.
Person — subparagraph 17.3(2)(e)(iv)
(8) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(iv) must be a document issued by the Department of Citizenship and Immigration that confirms that the person entered Canada as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations.
Person — subparagraph 17.3(2)(e)(v)
(9) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(v) must be their passport containing a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development.
Person — subparagraph 17.3(2)(e)(vi)
(10) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vi) must be the person’s D-1, O-1 or C-1 visa.
Person — subparagraph 17.3(2)(e)(vii)
(11) Evidence that the person is a person referred to in subparagraph 17.3(2)(e)(vii) must be
- (a) in the case of a diplomatic courier, the official document confirming their status referred to in Article 27 of the Vienna Convention on Diplomatic Relations, as set out in Schedule I to the Foreign Missions and International Organizations Act; and
- (b) in the case of a consular courier, the official document confirming their status referred to in Article 35 of the Vienna Convention on Consular Relations, as set out in Schedule II to that Act.
False or misleading information
17.13 (1) A person must not submit a request referred to in section 17.4 that contains information that they know to be false or misleading.
False or misleading evidence
(2) A person must not provide evidence that they know to be false or misleading.
Notice to Minister — information
17.14 (1) An air carrier that has reason to believe that a person has submitted a request referred to in section 17.4 that contains information that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after receiving the request:
- (a) the person’s name and contact information;
- (b) the date and number of the person’s flight; and
- (c) the reason the air carrier believes that the information is likely to be false or misleading.
Notice to Minister — evidence
(2) An air carrier that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after the provision of the evidence:
- (a) the person’s name and contact information;
- (b) the date and number of the person’s flight; and
- (c) the reason the air carrier believes that the evidence is likely to be false or misleading.
Prohibition — air carrier
17.15 An air carrier must not permit a person to board an aircraft for a flight that the air carrier operates if the person does not provide the evidence they are required to provide under section 17.9.
[17.16 reserved]
Record keeping — air carrier
17.17 (1) An air carrier must keep a record of the following information in respect of a person each time the person is denied permission to board an aircraft for a flight under section 17.15:
- (a) the person’s name and contact information, including the person’s home address, telephone number and email address;
- (b) the date and flight number;
- (c) the reason why the person was denied permission to board the aircraft; and
- (d) whether the person had been issued a document under subsection 17.4(1) in respect of the flight.
Retention
(2) The air carrier must retain the record for a period of at least 12 months after the date of the flight.
Ministerial request
(3) The air carrier must make the record available to the Minister on request.
[17.18 and 17.19 reserved]
Policy Respecting Mandatory Vaccination
Application
17.20 Sections 17.21 to 17.25 apply to
- (a) the operator of an aerodrome listed in Schedule 2;
- (b) an air carrier operating a flight departing from an aerodrome listed in Schedule 2, other than an air carrier who operates a commercial air service under Subpart 1 of Part VII of the Regulations; and
- (c) NAV CANADA.
Definition of relevant person
17.21 (1) For the purposes of sections 17.22 to 17.25, relevant person, in respect of an entity referred to in section 17.20, means a person whose duties involve an activity described in subsection (2) and who is
- (a) an employee of the entity;
- (b) an employee of the entity’s contractor or agent or mandatary;
- (c) a person hired by the entity to provide a service;
- (d) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property; or
- (e) a person permitted by the entity to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services.
Activities
(2) For the purposes of subsection (1), the activities are
- (a) conducting or directly supporting activities that are related to aerodrome operations or commercial flight operations — such as aircraft refuelling services, aircraft maintenance and repair services, baggage handling services, supply services for the operator of an aerodrome, an air carrier or NAV CANADA, fire prevention services, runway and taxiway maintenance services or de-icing services — and that take place on aerodrome property or at a location where NAV CANADA provides civil air navigation services;
- (b) interacting in-person on aerodrome property with a person who intends to board an aircraft for a flight;
- (c) engaging in tasks, on aerodrome property or at a location where NAV CANADA provides civil air navigation services, that are intended to reduce the risk of transmission of the virus that causes COVID-19; and
- (d) accessing a restricted area at an aerodrome listed in Schedule 2.
Comprehensive policy — operators of aerodromes
17.22 (1) The operator of an aerodrome must establish and implement a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).
Policy — content
(2) The policy must
- (a) require that a person who is 12 years and four months of age or older be a fully vaccinated person before accessing aerodrome property, unless they are a person
- (i) who intends to board an aircraft for a flight that an air carrier operates,
- (ii) who does not intend to board an aircraft for a flight and who is accessing aerodrome property for leisure purposes or to accompany a person who intends to board an aircraft for a flight,
- (iii) who is the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces, or
- (iv) who is delivering equipment or providing services within a restricted area that are urgently needed and critical to aerodrome operations and who has obtained an authorization from the operator of the aerodrome before doing so;
- (b) despite paragraph (a), allow a person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property if the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
- (c) provide for a procedure for verifying evidence provided by a person referred to in paragraph (b) that demonstrates that the person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
- (d) provide for a procedure for issuing to a person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a person referred to in subparagraph (b)(i) or (ii);
- (e) provide for a procedure that ensures that a person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
- (ii) in the case of a person referred to in paragraph (d), the document issued to the person under the procedure referred to in that paragraph;
- (f) provide for a procedure that allows a person to whom sections 17.31 to 17.40 apply — other than a person referred to in subsection 17.34(2) — who is a fully vaccinated person or a person referred to in subparagraph (b)(i) or (ii) and who is unable to provide the evidence referred to in paragraph (e) to temporarily access aerodrome property if they provide a declaration confirming that they are a fully vaccinated person or that they have been issued a document under the procedure referred to in paragraph (d);
- (g) provide for a procedure that ensures that a person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
- (h) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (g) receives a result for a COVID-19 molecular test;
- (i) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (g) or (h) is prohibited from accessing aerodrome property for a period of 10 days after the result was received or until the person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later; and
- (j) provide for a procedure that ensures that a person referred to in paragraph (i) is exempt from the requirement referred to in paragraph (g) for a period of 180 days after the person received a positive result for a COVID-19 molecular test.
Medical contraindication
(3) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.
Religious belief
(4) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they submit a statement sworn or affirmed by them attesting that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious belief.
Canadian Human Rights Act
(5) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the case of an employee of the operator of an aerodrome or a person hired by the operator of an aerodrome to provide a service, the policy must provide that a document is to be issued to the employee or person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if the operator of the aerodrome is obligated to accommodate them on that basis under the Canadian Human Rights Act by issuing such a document.
Applicable legislation
(6) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the following cases, the policy must provide that a document is to be issued to the employee confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they would be entitled to such an accommodation on that basis under applicable legislation:
- (a) in the case of an employee of the operator of an aerodrome’s contractor or agent or mandatary; and
- (b) in the case of an employee of the operator of an aerodrome’s lessee, if the property that is subject to the lease is part of aerodrome property.
Comprehensive policy — air carriers and NAV CANADA
17.23 Section 17.24 does not apply to an air carrier or NAV CANADA if that entity
- (a) establishes and implements a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with paragraphs 17.24(2)(a) to (i) and subsections 17.24(3) to (6); and
- (b) has procedures in place to ensure that while a relevant person is carrying out their duties related to commercial flight operations, no in-person interactions occur between the relevant person and an unvaccinated person who has not been issued a document under the procedure referred to in paragraph 17.24(2)(d) and who is
- (i) an employee of the entity,
- (ii) an employee of the entity’s contractor or agent or mandatary,
- (iii) a person hired by the entity to provide a service, or
- (iv) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property.
Targeted policy — air carriers and NAV CANADA
17.24 (1) An air carrier or NAV CANADA must establish and implement a targeted policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).
Policy — content
(2) The policy must
- (a) require that a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces, be a fully vaccinated person before accessing aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services;
- (b) despite paragraph (a), allow a relevant person who is subject to the policy and who is not a fully vaccinated person to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services, if the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
- (c) provide for a procedure for verifying evidence provided by a relevant person referred to in paragraph (b) that demonstrates that the relevant person
- (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious belief, or
- (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;
- (d) provide for a procedure for issuing to a relevant person whose evidence has been verified under the procedure referred to in paragraph (c) a document confirming that they are a relevant person referred to in subparagraph (b)(i) or (ii);
- (e) provide for a procedure that ensures that a relevant person subject to the policy provides, on request, the following evidence before accessing aerodrome property:
- (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10, and
- (ii) in the case of a relevant person referred to in paragraph (d), the document issued to the relevant person under the procedure referred to in that paragraph;
- (f) provide for a procedure that ensures that a relevant person referred to in paragraph (d) is tested for COVID-19 at least twice every week;
- (g) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (f) receives a result for a COVID-19 molecular test;
- (h) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (f) or (g) is prohibited from accessing aerodrome property for a period of 10 days after the result was received or until the relevant person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later;
- (i) provide for a procedure that ensures that a relevant person referred to in paragraph (h) is exempt from the requirement referred to in paragraph (f) for a period of 180 days after the relevant person received a positive result for a COVID-19 molecular test;
- (j) set out procedures for reducing the risk that a relevant person will be exposed to the virus that causes COVID-19 due to an in-person interaction, occurring on aerodrome property or at a location where NAV CANADA provides civil air navigation services, with an unvaccinated person who has not been issued a document under the procedure referred to in paragraph (d) and who is a person referred to in any of subparagraphs 17.23(b)(i) to (iv), which procedures may include protocols related to
- (i) the vaccination of persons, other than relevant persons, who access aerodrome property or a location where NAV CANADA provides civil air navigation services,
- (ii) physical distancing and the wearing of masks, and
- (iii) reducing the frequency and duration of in-person interactions;
- (k) establish a procedure for collecting the following information with respect to an in-person interaction related to commercial flight operations between a relevant person and a person referred to in any of subparagraphs 17.23(b)(i) to (iv) who is unvaccinated and has not been issued a document under the procedure referred to in paragraph (d) or whose vaccination status is unknown:
- (i) the time, date and location of the interaction, and
- (ii) contact information for the relevant person and the other person;
- (l) establish a procedure for recording the following information and submitting it to the Minister on request:
- (i) the number of relevant persons who are subject to the entity’s policy,
- (ii) the number of relevant persons who require access to a restricted area,
- (iii) the number of relevant persons who
- (A) are fully vaccinated persons,
- (B) have received the first dose of a COVID-19 vaccine dosage regimen, and
- (C) are unvaccinated persons,
- (iv) the number of hours during which relevant persons were unable to fulfill their duties related to commercial flight operations due to COVID-19,
- (v) the number of relevant persons who have been issued a document under the procedure referred to in paragraph (d), the reason for issuing the document and a confirmation that the relevant persons have submitted evidence of COVID-19 tests in accordance with the requirements referred to in paragraphs (f) and (g),
- (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (f), (g) or (h),
- (vii) the number of relevant persons who were denied entry to a restricted area because of a refusal to comply with a requirement referred to in paragraph (a), (f), (g) or (h),
- (viii) the number of persons referred to in subparagraphs 17.23(b)(i) to (iv) who are unvaccinated and who have not been issued a document under the procedure referred to in paragraph (d), or whose vaccination status is unknown, who have an in-person interaction related to commercial flight operations with a relevant person and a description of any procedures implemented to reduce the risk that a relevant person will be exposed to the virus that causes COVID-19 due to such an interaction, and
- (ix) the number of instances in which the air carrier or NAV CANADA, as applicable, is made aware that a person with respect to whom information was collected under paragraph (k) received a positive result for a COVID-19 test, the number of relevant persons tested for COVID-19 as a result of this information, the results of those tests and a description of any impacts on commercial flight operations; and
- (m) require the air carrier or NAV CANADA, as applicable, to keep the information referred to in paragraph (l) for a period of at least 12 months after the date that the information was recorded.
Medical contraindication
(3) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a relevant person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the relevant person cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.
Religious belief
(4) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), the policy must provide that a document is to be issued to a relevant person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they submit a statement sworn or affirmed by them attesting that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious belief.
Canadian Human Rights Act
(5) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the case of an employee of an entity or a relevant person hired by an entity to provide a service, the policy must provide that a document is to be issued to the employee or the relevant person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if the entity is obligated to accommodate the relevant person on that basis under the Canadian Human Rights Act by issuing such a document.
Applicable legislation
(6) For the purposes of subparagraph (2)(c)(i) and paragraph (2)(d), in the following cases, the policy must provide that a document is to be issued to the employee confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious belief only if they would be entitled to such an accommodation on that basis under applicable legislation:
- (a) in the case of an employee of an entity’s contractor or agent or mandatary; and
- (b) in the case of an employee of an entity’s lessee, if the property that is subject to the lease is part of aerodrome property.
Ministerial request — policy
17.25 (1) The operator of an aerodrome, an air carrier or NAV CANADA must make a copy of the policy referred to in section 17.22, 17.23 or 17.24, as applicable, available to the Minister on request.
Ministerial request — implementation
(2) The operator of an aerodrome, an air carrier or NAV CANADA must make information related to the implementation of the policy referred to in section 17.22, 17.23 or 17.24, as applicable, available to the Minister on request.
[17.26 to 17.29 reserved]
Vaccination — Aerodromes in Canada
Application
17.30 (1) Sections 17.31 to 17.40 apply to all of the following persons:
- (a) subject to paragraph (c), a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area for a reason other than to board an aircraft for a flight operated by an air carrier;
- (b) a crew member entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations;
- (c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight
- (i) only to become a crew member on board another aircraft operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations,
- (ii) after having been a crew member on board an aircraft operated by an air carrier under Subpart 1, 3, 4 or 5 of Part VII of the Regulations, or
- (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft operated under Subpart 1, 3, 4 or 5 of Part VII of the Regulations, if the person will be required to return to work as a crew member;
- (d) a screening authority at an aerodrome where persons other than passengers are screened or can be screened;
- (e) the operator of an aerodrome listed in Schedule 2.
Non-application
(2) Sections 17.31 to 17.40 do not apply to any of the following persons:
- (a) a child who is less than 12 years and four months of age;
- (b) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who enters a restricted area to board an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight;
- (c) a member of emergency response provider personnel who is responding to an emergency;
- (d) a peace officer who is responding to an emergency;
- (e) the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3 or a member identification document issued by the Canadian Forces; or
- (f) a person who is delivering equipment or providing services within a restricted area that are urgently needed and critical to aerodrome operations and who has obtained an authorization from the operator of the aerodrome before doing so.
Prohibition
17.31 (1) A person must not enter a restricted area unless they are a fully vaccinated person.
Exception
(2) Subsection (1) does not apply to a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) or 17.24(2)(d).
Provision of evidence
17.32 A person must provide to a screening authority or the operator of an aerodrome, on their request,
- (a) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.10; and
- (b) in the case of a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) or 17.24(2)(d), the document issued to the person.
Request for evidence
17.33 Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to enter a restricted area, the screening authority must request that each of those persons, when they present themselves for screening at a non-passenger screening checkpoint or a passenger screening checkpoint, provide the evidence referred to in paragraph 17.32(a) or (b).
Declaration
17.34 (1) If a person who is a fully vaccinated person or who has been issued a document under the procedure referred to in paragraph 17.22(2)(d) is unable, following a request to provide evidence under section 17.33, to provide the evidence, the person may
- (a) sign a declaration confirming that they are a fully vaccinated person or that they have been issued a document under the procedure referred to in paragraph 17.22(2)(d); or
- (b) if the person has signed a declaration under paragraph (a) no more than seven days before the day on which the request to provide evidence is made, provide that declaration.
Exception
(2) Subsection (1) does not apply to the holder of a document of entitlement that expires within seven days after the day on which the request to provide evidence under section 17.33 is made.
Notification to aerodrome operator
(3) If a person signs a declaration referred to in paragraph (1)(a), the screening authority must notify the operator of the aerodrome as soon as feasible of the person’s name, the date on which the declaration was signed and, if applicable, the number or identifier of the person’s document of entitlement.
Provision of evidence
(4) A person who signed a declaration under paragraph (1)(a) must provide the evidence referred to in paragraph 17.32(a) or (b) to the operator of the aerodrome within seven days after the day on which the declaration is signed.
Suspension of restricted area access
(5) An operator of an aerodrome must ensure that the restricted area access of a person who does not provide the evidence within seven days as required under subsection (4) is suspended until the person provides the evidence.
Record keeping — suspension
17.35 (1) The operator of the aerodrome must keep a record of the following information in respect of a person each time the restricted area access of the person is suspended under subsection 17.34(5):
- (a) the person’s name;
- (b) the number or identifier of the person’s document of entitlement, if applicable;
- (c) the date of the suspension; and
- (d) the reason for the suspension.
Retention
(2) The operator must retain the record for a period of at least 12 months after the day on which the record was created.
Ministerial request
(3) The operator of the aerodrome must make the record available to the Minister on request.
Prohibition
17.36 (1) A screening authority must deny a person entry to a restricted area if, following a request to provide evidence under section 17.33, the person does not provide the evidence or, if applicable, does not sign or provide a declaration under subsection 17.34(1).
Notification to aerodrome operator
(2) If a screening authority denies a person entry to a restricted area, it must notify the operator of the aerodrome as soon as feasible of the person’s name, the date on which the person was denied entry and, if applicable, the number or identifier of the person’s document of entitlement.
Suspension of restricted area access
(3) An operator of an aerodrome must ensure that the restricted area access of a person who was denied entry under subsection (1) is suspended until the person provides the requested evidence or the signed declaration.
False or misleading evidence
17.37 A person must not provide evidence that they know to be false or misleading.
Notice to Minister
17.38 A screening authority or the operator of an aerodrome that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the following not more than 72 hours after the provision of the evidence:
- (a) the person’s name;
- (b) the number or identifier of the person’s document of entitlement, if applicable; and
- (c) the reason the screening authority or the operator of an aerodrome believes that the evidence is likely to be false or misleading.
Record keeping — denial of entry
17.39 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.36(1):
- (a) the person’s name;
- (b) the number or identifier of the person’s document of entitlement, if applicable;
- (c) the date on which the person was denied entry and the location; and
- (d) the reason why the person was denied entry to the restricted area.
Retention
(2) The screening authority must retain the record for a period of at least 12 months after the day on which the record was created.
Ministerial request
(3) The screening authority must make the record available to the Minister on request.
Requirement to establish and implement
17.40 The operator of an aerodrome must ensure that a document of entitlement is only issued to a fully vaccinated person or a person who has been issued a document under the procedure referred to in paragraph 17.22(2)(d).
Masks
Non-application
18 (1) Sections 19 to 24 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a crew member;
- (g) a gate agent.
Mask readily available
(2) An adult responsible for a child who is at least two years of age but less than six years of age must ensure that a mask is readily available to the child before boarding an aircraft for a flight.
Wearing of mask
(3) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 21 and complies with any instructions given by a gate agent under section 22 if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Notification
19 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person must
- (a) be in possession of a mask before boarding;
- (b) wear the mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
- (c) comply with any instructions given by a gate agent or a crew member with respect to wearing a mask.
Obligation to possess mask
20 Every person who is at least six years of age must be in possession of a mask before boarding an aircraft for a flight.
Wearing of mask — persons
21 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.
Exceptions — person
(2) Subsection (1) does not apply
- (a) when the safety of the person could be endangered by wearing a mask;
- (b) when the person is drinking or eating, unless a crew member instructs the person to wear a mask;
- (c) when the person is taking oral medications;
- (d) when a gate agent or a crew member authorizes the removal of the mask to address unforeseen circumstances or the person’s special needs; or
- (e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the mask to verify the person’s identity.
Exceptions — flight deck
(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:
- (a) a Department of Transport air carrier inspector;
- (b) an inspector of the civil aviation authority of the state where the aircraft is registered;
- (c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
- (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
- (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.
Compliance
22 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel or a crew member with respect to wearing a mask.
Prohibition — private operator or air carrier
23 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if
- (a) the person is not in possession of a mask; or
- (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a mask.
Refusal to comply
24 (1) If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a mask, the private operator or air carrier must
- (a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,
- (iii) the person’s seat number, and
- (iv) the circumstances related to the refusal to comply; and
- (b) inform the Minister as soon as feasible of any record created under paragraph (a).
Retention period
(2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.
Ministerial request
(3) The private operator or air carrier must make the record available to the Minister on request.
Wearing of mask — crew member
25 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.
Exceptions — crew member
(2) Subsection (1) does not apply
- (a) when the safety of the crew member could be endangered by wearing a mask;
- (b) when the wearing of a mask by the crew member could interfere with operational requirements or the safety of the flight; or
- (c) when the crew member is drinking, eating or taking oral medications.
Exception — flight deck
(3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.
Wearing of mask — gate agent
26 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a mask during the boarding process for a flight that the private operator or air carrier operates.
Exceptions
(2) Subsection (1) does not apply
- (a) when the safety of the gate agent could be endangered by wearing a mask; or
- (b) when the gate agent is drinking, eating or taking oral medications.
Exception — physical barrier
(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is separated from any other person by a physical barrier that allows the gate agent and the other person to interact and reduces the risk of exposure to COVID-19.
Deplaning
Non-application
27 (1) Section 28 does not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a person who is on a flight that originates in Canada and is destined to another country.
Wearing of mask
(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 28 if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Wearing of mask — person
28 A person who is on board an aircraft must wear a mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building, including by a passenger loading bridge.
Screening Authority
Non-application
29 (1) Sections 30 to 33 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a member of emergency response provider personnel who is responding to an emergency;
- (g) a peace officer who is responding to an emergency.
Wearing of mask
(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under subsection 30(2) and removes it when required by a screening officer to do so under subsection 30(3) if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Requirement — passenger screening checkpoint
30 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a mask at all times during screening.
Wearing of mask — person
(2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a mask at all times during screening.
Requirement to remove mask
(3) A person who is required by a screening officer to remove their mask during screening must do so.
Wearing of mask — screening officer
(4) A screening officer must wear a mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.
Requirement — non-passenger screening checkpoint
31 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a mask at all times.
Wearing of mask — screening officer
(2) Subject to subsection (3), a screening officer must wear a mask at all times at a non-passenger screening checkpoint.
Exceptions
(3) Subsection (2) does not apply
- (a) when the safety of the screening officer could be endangered by wearing a mask; or
- (b) when the screening officer is drinking, eating or taking oral medications.
Exception — physical barrier
32 Sections 30 and 31 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.
Prohibition — passenger screening checkpoint
33 (1) A screening authority must not permit a person who has been notified to wear a mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.
Prohibition — non-passenger screening checkpoint
(2) A screening authority must not permit a person who refuses to wear a mask to pass beyond a non-passenger screening checkpoint into a restricted area.
Designated Provisions
Designation
34 (1) The provisions of this Interim Order set out in column 1 of Schedule 4 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 4 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
- (a) the particulars of the alleged contravention;
- (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
- (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
- (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
- (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
Repeal
35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 51, made on January 2, 2022, is repealed.
SCHEDULE 1
(Subsection 13(2))
Item | Name |
---|---|
1 | India |
2 | Morocco |
SCHEDULE 2
(Subsections 1(1) and 17.1(1) and paragraphs 17.1(2)(c), 17.20(a) and (b), 17.21(2)(d) and 17.30(1)(a) to (c) and (e))
Name | ICAO Location Indicator |
---|---|
Abbotsford International | CYXX |
Alma | CYTF |
Bagotville | CYBG |
Baie-Comeau | CYBC |
Bathurst | CZBF |
Brandon Municipal | CYBR |
Calgary International | CYYC |
Campbell River | CYBL |
Castlegar (West Kootenay Regional) | CYCG |
Charlo | CYCL |
Charlottetown | CYYG |
Chibougamau/Chapais | CYMT |
Churchill Falls | CZUM |
Comox | CYQQ |
Cranbrook (Canadian Rockies International) | CYXC |
Dawson Creek | CYDQ |
Deer Lake | CYDF |
Edmonton International | CYEG |
Fort McMurray | CYMM |
Fort St. John | CYXJ |
Fredericton International | CYFC |
Gander International | CYQX |
Gaspé | CYGP |
Goose Bay | CYYR |
Grande Prairie | CYQU |
Greater Moncton International | CYQM |
Halifax (Robert L. Stanfield International) | CYHZ |
Hamilton (John C. Munro International) | CYHM |
Îles-de-la-Madeleine | CYGR |
Iqaluit | CYFB |
Kamloops | CYKA |
Kelowna | CYLW |
Kingston | CYGK |
Kitchener/Waterloo Regional | CYKF |
La Grande Rivière | CYGL |
Lethbridge | CYQL |
Lloydminster | CYLL |
London | CYXU |
Lourdes-de-Blanc-Sablon | CYBX |
Medicine Hat | CYXH |
Mont-Joli | CYYY |
Montréal International (Mirabel) | CYMX |
Montréal (Montréal — Pierre Elliott Trudeau International) | CYUL |
Montréal (St. Hubert) | CYHU |
Nanaimo | CYCD |
North Bay | CYYB |
Ottawa (Macdonald-Cartier International) | CYOW |
Penticton | CYYF |
Prince Albert (Glass Field) | CYPA |
Prince George | CYXS |
Prince Rupert | CYPR |
Québec (Jean Lesage International) | CYQB |
Quesnel | CYQZ |
Red Deer Regional | CYQF |
Regina International | CYQR |
Rivière-Rouge/Mont-Tremblant International | CYFJ |
Rouyn-Noranda | CYUY |
Saint John | CYSJ |
Sarnia (Chris Hadfield) | CYZR |
Saskatoon (John G. Diefenbaker International) | CYXE |
Sault Ste. Marie | CYAM |
Sept-Îles | CYZV |
Smithers | CYYD |
St. Anthony | CYAY |
St. John’s International | CYYT |
Stephenville | CYJT |
Sudbury | CYSB |
Sydney (J.A. Douglas McCurdy) | CYQY |
Terrace | CYXT |
Thompson | CYTH |
Thunder Bay | CYQT |
Timmins (Victor M. Power) | CYTS |
Toronto (Billy Bishop Toronto City) | CYTZ |
Toronto (Lester B. Pearson International) | CYYZ |
Toronto/Buttonville Municipal | CYKZ |
Val-d’Or | CYVO |
Vancouver (Coal Harbour) | CYHC |
Vancouver International | CYVR |
Victoria International | CYYJ |
Wabush | CYWK |
Whitehorse (Erik Nielsen International) | CYXY |
Williams Lake | CYWL |
Windsor | CYQG |
Winnipeg (James Armstrong Richardson International) | CYWG |
Yellowknife | CYZF |
SCHEDULE 3
(Subparagraph 17.22(2)(a)(iii) and paragraphs 17.24(2)(a) and 17.30(2)(e))
Departments and Departmental Corporations
Name
- Canada Border Services Agency
- Canadian Security Intelligence Service
- Correctional Service of Canada
- Department of Agriculture and Agri-Food
- Department of Fisheries and Oceans
- Department of Health
- Department of National Defence
- Department of the Environment
- Department of Public Safety and Emergency Preparedness
- Department of Transport
- Public Health Agency of Canada
- Royal Canadian Mounted Police
SCHEDULE 4
(Subsections 34(1) and (2))
Column 1 Designated Provision |
Column 2 Maximum Amount of Penalty ($) |
|
---|---|---|
Individual | Corporation | |
Subsection 2(1) | 5,000 | 25,000 |
Subsection 2(2) | 5,000 | 25,000 |
Subsection 2(3) | 5,000 | 25,000 |
Subsection 2(4) | 5,000 | 25,000 |
Subsection 3(1) | 5,000 | |
Subsection 3(2) | 5,000 | |
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 | |
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 | |
Section 12 | 5,000 | 25,000 |
Subsection 13(1) | 5,000 | |
Section 13.1 | 5,000 | |
Section 15 | 5,000 | |
Section 16 | 5,000 | 25,000 |
Section 17 | 5,000 | 25,000 |
Section 17.2 | 25,000 | |
Subsection 17.3(1) | 5,000 | |
Subsection 17.4(1) | 25,000 | |
Subsection 17.5(1) | 25,000 | |
Subsection 17.5(2) | 25,000 | |
Subsection 17.5(3) | 25,000 | |
Subsection 17.6(1) | 25,000 | |
Subsection 17.6(2) | 25,000 | |
Section 17.7 | 25,000 | |
Section 17.9 | 5,000 | |
Subsection 17.13(1) | 5,000 | |
Subsection 17.13(2) | 5,000 | |
Subsection 17.14(1) | 25,000 | |
Subsection 17.14(2) | 25,000 | |
Section 17.15 | 25,000 | |
Subsection 17.17(1) | 25,000 | |
Subsection 17.17(2) | 25,000 | |
Subsection 17.17(3) | 25,000 | |
Subsection 17.22(1) | 25,000 | |
Subsection 17.24(1) | 25,000 | |
Subsection 17.25(1) | 25,000 | |
Subsection 17.25(2) | 25,000 | |
Subsection 17.31(1) | 5,000 | |
Section 17.32 | 5,000 | |
Section 17.33 | 25,000 | |
Subsection 17.34(3) | 25,000 | |
Subsection 17.34(4) | 5,000 | |
Subsection 17.34(5) | 25,000 | |
Subsection 17.35(1) | 25,000 | |
Subsection 17.35(2) | 25,000 | |
Subsection 17.35(3) | 25,000 | |
Subsection 17.36(1) | 25,000 | |
Subsection 17.36(2) | 25,000 | |
Subsection 17.36(3) | 25,000 | |
Section 17.37 | 5,000 | |
Section 17.38 | 25,000 | |
Subsection 17.39(1) | 25,000 | |
Subsection 17.39(2) | 25,000 | |
Subsection 17.39(3) | 25,000 | |
Section 17.40 | 25,000 | |
Subsection 18(2) | 5,000 | |
Subsection 18(3) | 5,000 | |
Section 19 | 5,000 | 25,000 |
Section 20 | 5,000 | |
Subsection 21(1) | 5,000 | 25,000 |
Section 22 | 5,000 | |
Section 23 | 5,000 | 25,000 |
Subsection 24(1) | 5,000 | 25,000 |
Subsection 24(2) | 5,000 | 25,000 |
Subsection 24(3) | 5,000 | 25,000 |
Subsection 25(1) | 5,000 | 25,000 |
Subsection 26(1) | 5,000 | 25,000 |
Subsection 27(2) | 5,000 | |
Section 28 | 5,000 | |
Subsection 29(2) | 5,000 | |
Subsection 30(1) | 25,000 | |
Subsection 30(2) | 5,000 | |
Subsection 30(3) | 5,000 | |
Subsection 30(4) | 5,000 | |
Subsection 31(1) | 5,000 | |
Subsection 31(2) | 5,000 | |
Subsection 33(1) | 25,000 | |
Subsection 33(2) | 25,000 |
DEPARTMENT OF TRANSPORT
CANADA SHIPPING ACT, 2001
Interim Order No. 2 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19)
Whereas the Minister of Transport believes that the annexed Interim Order No. 2 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19) is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Interim Order may be contained in a regulation made pursuant to subsection 120(1)footnote h and paragraphs 136(1)(f)footnote i and (h)footnote i of the Canada Shipping Act, 2001footnote j;
Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote k of the Canada Shipping Act, 2001 footnote j, makes the annexed Interim Order No. 2 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19).
Ottawa, January 15, 2022
Omar Alghabra
Minister of Transport
Interim Order No. 2 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19)
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
- COVID-19
- means the coronavirus disease 2019. (COVID-19)
- COVID-19 molecular test
- means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
- cruise ship
- means any passenger vessel, other than a ferry vessel or a passenger vessel that provides essential services, whose passengers are scheduled to be on board for 24 hours or more. (navire de croisière)
- ferry vessel
- means any vessel, having provision for deck passengers and for vehicles, that is operated on a short run on a schedule between two points over the most direct water route and offers a public service of a type normally attributed to a bridge or tunnel. (transbordeur)
- Minister
- means the Minister of Transport. (ministre)
- passenger vessel
- means a vessel, other than a ferry vessel, that is certified to carry more than 12 passengers as indicated on its inspection certificate or Passenger Ship Safety Certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government. (bâtiment à passagers)
- passenger vessel that provides essential services
- means a passenger vessel that is set out in the schedule. (bâtiment à passagers qui fournit des services essentiels)
- pilot
- has the same meaning as in section 1.1 of the Pilotage Act. (pilote)
- Ship Safety Bulletin No. 17/2021
- means the Ship Safety Bulletin entitled Measures for Persons (other than passengers) on Canadian Vessels and Foreign Passenger Vessels Operating in Canadian Waters to Mitigate the Spread of COVID-19, SSB No. 17/2021, published on November 1, 2021 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced. (bulletin de la sécurité des navires no 17/2021)
- Ship Safety Bulletin No. 18/2021
- means the Ship Safety Bulletin entitled Measures to Support Safe Cruise Travel in Canada, SSB No. 18/2021, published on November 30, 2021 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced. (bulletin de la sécurité des navires no 18/2021)
Interpretation — fully vaccinated
(2) For the purposes of this Interim Order, a person is fully vaccinated at least 14 days after they complete a COVID-19 vaccine dosage regimen if
- (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
- (b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.
For greater certainty
(3) For greater certainty, for the purposes of subsection (2), a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.
[2 reserved]
Canadian Vessels
Prohibition
3 (1) It is prohibited for a Canadian vessel, other than a cruise ship, that is operated with 12 or more crew members on board to be operated in any waters, unless the vessel’s authorized representative
- (a) has implemented a vaccination policy in accordance with the requirements set out in subsection 12(1);
- (b) verifies, subject to subsection (3),
- (i) that every person on board the vessel received the first dose of a COVID-19 vaccine dosage regimen before boarding, and
- (ii) beginning on January 24, 2022, that every person on board the vessel is fully vaccinated; and
- (c) verifies that every person on board the vessel who is not fully vaccinated, other than a passenger or pilot, has received, before boarding, a result described in subsection 4(4) for a COVID-19 test that they took or a result described in subsection 4(5) for a COVID-19 molecular test that they took, as the case may be.
Prohibition — other vessels
(2) Subsection (1) also applies in respect of any other Canadian vessel, other than a cruise ship, of an authorized representative who is also the authorized representative of a cruise ship that is a Canadian vessel or of any other Canadian vessel that is operated with 12 or more crew members on board.
Exception
(3) For the purposes of paragraph (1)(b), the reference to “person” does not include
- (a) a passenger;
- (b) a pilot; or
- (c) a person whose reason for not completing a COVID-19 vaccine dosage regimen has been verified by an authorized representative under subsection 4(2).
Evidence of vaccination
4 (1) It is prohibited for a person, other than a pilot or a person who intends to be a passenger, to board a Canadian vessel referred to in section 3 that is in Canadian waters unless the person provides to the vessel’s authorized representative
- (a) evidence of COVID-19 vaccination demonstrating that they have received the first dose of a COVID-19 vaccine dosage regimen before boarding; and
- (b) beginning on January 24, 2022, evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Verification
(2) Despite subsection (1), a person, other than a pilot or a person who intends to be a passenger, may board the vessel if the authorized representative has verified that the person has not completed a COVID-19 vaccine dosage regimen due to one of the following reasons:
- (a) the person has a medical contraindication that prevents them from completing a COVID-19 vaccine dosage regimen; or
- (b) the person has a sincerely held religious belief that prevents them from completing a COVID-19 vaccine dosage regimen.
Evidence
(3) A person who relies on a reason referred to in paragraph (2)(a) or (b) must provide to the authorized representative evidence of their medical contraindication or their sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021.
COVID-19 test result
(4) Before boarding a vessel, a person who is not fully vaccinated, other than a pilot or a person who intends to be a passenger, must provide to the vessel’s authorized representative evidence that they received
- (a) a negative result for a COVID-19 test that was performed on a specimen collected from the person no more than 72 hours before the person boards the vessel; or
- (b) a positive result for a COVID-19 test that was performed on a specimen collected from the person at least 10 days and no more than 180 days before the person boards the vessel.
Prohibition
(5) A person who is not fully vaccinated, other than a pilot or a person who intends to be a passenger, who receives a positive result for a COVID-19 test must not board the vessel for a period of 10 days after the specimen on which the test was performed was collected, unless they receive a negative result for a COVID-19 molecular test that was performed on a specimen collected from the person no more than 72 hours before the person boards the vessel.
Evidence — elements
(6) For the purposes of this Interim Order, evidence of a result for a COVID-19 test must include
- (a) the person’s name and date of birth;
- (b) the name and civic address of the laboratory that administered the test, if applicable;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
Continued testing
(7) Any person who provides evidence of a result described in paragraph (4)(a) must be tested for COVID-19 in accordance with the authorized representative’s vaccination policy every three days for the duration of the voyage if it is scheduled to last six days or more.
Pilots
Prohibition
5 (1) It is prohibited for any vessel that is operated in Canadian waters to have a pilot on board unless the vessel’s authorized representative verifies
- (a) that, if the pilot is not fully vaccinated, the pilot received before boarding
- (i) the first dose of a COVID-19 vaccine dosage regimen, and
- (ii) a result described in subsection 4(4) for a COVID-19 test that they took or a result described in subsection 4(5) for a COVID-19 molecular test that they took, as the case may be; and
- (b) beginning on January 24, 2022, that the pilot is fully vaccinated.
Verification
(2) Despite subsection (1), a vessel referred to in that subsection that is operated in Canadian waters may have on board a pilot who is not fully vaccinated if the vessel’s authorized representative verifies that the pilot has a document confirming that the pilotage authority that employs the pilot or that has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder has verified that the pilot has provided evidence that they have not completed a COVID-19 vaccine dosage regimen for a reason referred to in subsection 6(2).
Prohibition
6 (1) It is prohibited for a pilot to board any vessel that is operated in Canadian waters unless the pilot provides to the vessel’s authorized representative
- (a) evidence of COVID-19 vaccination demonstrating that they have received the first dose of a COVID-19 vaccine dosage regimen before boarding; and
- (b) beginning on January 24, 2022, evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Verification
(2) Despite subsection (1), a pilot referred to in that subsection may board the vessel if the pilotage authority that employs the pilot or that has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder has verified that the pilot has not completed a COVID-19 vaccine dosage regimen due to one of the following reasons:
- (a) the pilot has a medical contraindication that prevents them from completing a COVID-19 vaccine dosage regimen; or
- (b) the pilot has a sincerely held religious belief that prevents them from completing a COVID-19 vaccine dosage regimen.
Accommodation under applicable legislation
(3) If a pilot relies on a reason referred to in subsection (2), the pilotage authority that employs the pilot or that has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder must verify that the pilot is entitled to be accommodated, on the basis of the reason the pilot is relying on, under applicable legislation by being permitted to board the cruise ship without being fully vaccinated.
Evidence
(4) A pilot who relies on a reason referred to in paragraph (2)(a) or (b) must provide to the pilotage authority evidence of their medical contraindication or their sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021.
COVID-19 test result
(5) Before boarding a vessel, a pilot who is not fully vaccinated must provide to the vessel’s authorized representative evidence that they have received a result described in subsection 4(4) for a COVID-19 test that they took or a result described in subsection 4(5) for a COVID-19 molecular test that they took, as the case may be.
Cruise Ships
Prohibition
7 (1) It is prohibited for a cruise ship that is a Canadian vessel to be operated in any waters, and for a cruise ship that is a foreign vessel to be operated in Canadian waters, unless the cruise ship’s authorized representative
- (a) in the case of a cruise ship that is a Canadian vessel, has implemented a vaccination policy in accordance with the requirements set out in subsection 12(1);
- (b) verifies that every person on board the cruise ship is vaccinated in accordance with subsection (2) or that they have a reason referred to in subsection (3) for not being vaccinated;
- (c) verifies that every person referred to in subsection (4) has evidence that they have received a result for a COVID-19 test referred to in that subsection;
- (d) ensures that every passenger and every person who intends to be a passenger on board the cruise ship is tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021;
- (e) has implemented a COVID-19 management plan in accordance with the requirements set out in section 18;
- (f) in the case of a cruise ship that is a foreign vessel, notifies the Minister of the date when the cruise ship is scheduled to arrive in Canadian waters at least 45 days before that date; and
- (g) has implemented the measures set out in Ship Safety Bulletin No. 18/2021.
Vaccination status
(2) For the purposes of paragraph (1)(b), the vaccination status to be verified is the following:
- (a) in the case of a person on board the cruise ship other than a passenger or pilot,
- (i) that they have received the first dose of a COVID-19 vaccine dosage regimen before boarding, and
- (ii) beginning on January 24, 2022, that they are fully vaccinated; and
- (b) in the case of a passenger who is 12 years and 4 months of age or older, that they are fully vaccinated.
Exception
(3) For the purposes of paragraph (1)(b), the reasons a person may have for not being vaccinated are the following:
- (a) a medical contraindication;
- (b) a sincerely held religious belief, in the case of
- (i) a person, other than a passenger, on board a cruise ship, and
- (ii) a passenger who boarded a cruise ship in Canada.
COVID-19 test results
(4) For the purposes of paragraph (1)(c), the COVID-19 test results that a person must have received are the following:
- (a) in the case of a person on board the cruise ship who is not fully vaccinated, other than a passenger or pilot, a result described in paragraph 4(4)(a) or (b) for a COVID-19 test that they took or a result described in subsection 4(5) for a COVID-19 molecular test that they took, as the case may be; and
- (b) in the case of a passenger, a COVID-19 test result set out in Ship Safety Bulletin No. 18/2021.
Confirmation
8 Before a cruise ship is operated in Canadian waters, the authorized representative of the cruise ship must confirm to the Minister that they have
- (a) verified that every passenger who is 12 years and 4 months of age or older is fully vaccinated and that every passenger on board the cruise ship has been tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021 and has provided the results of their COVID-19 test to the authorized representative in accordance with that Bulletin;
- (b) verified that every passenger who relies on a reason for not being vaccinated has the evidence required under subsection 9(5) to demonstrate that they have not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief; and
- (c) implemented measures to ensure that every passenger is tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021.
Evidence of vaccination
9 (1) It is prohibited for any person, other than a passenger or pilot, to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless the person has provided to the cruise ship’s authorized representative
- (a) evidence of COVID-19 vaccination demonstrating that they have received the first dose of a COVID-19 vaccine dosage regimen before boarding; and
- (b) beginning on January 24, 2022, evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Evidence of vaccination — passengers
(2) It is prohibited for a passenger who is 12 years and 4 months of age or older to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless they have provided to the cruise ship’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.
Verification
(3) Despite subsection (1) and paragraph (2)(a), a person may board the cruise ship if the authorized representative has verified that the person has not completed a COVID-19 vaccine dosage regimen due to one of the following reasons:
- (a) a medical contraindication that prevents the person from completing a COVID-19 vaccine dosage regimen; or
- (b) a sincerely held religious belief that prevents the person from completing a COVID-19 vaccine dosage regimen, if the person is not a passenger or the person is a passenger who boarded the cruise ship in Canada.
Accommodation under applicable legislation
(4) If the person relying on a reason referred to in subsection (3) is a passenger, the authorized representative must verify that the passenger is entitled to be accommodated, on the basis of the reason they are relying on, under applicable legislation by being permitted to board the cruise ship without being fully vaccinated.
Evidence
(5) A person who relies on a reason referred to in paragraph (3)(a) or (b) must provide to the authorized representative the following evidence:
- (a) in the case of a person other than a passenger or pilot, evidence of a medical contraindication or sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021; and
- (b) in the case of a passenger, evidence of a medical contraindication or sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 18/2021.
COVID-19 test results — persons other than passengers
(6) A person who is not fully vaccinated, other than a passenger or pilot, must have provided to the cruise ship’s authorized representative evidence that they received their results of a COVID-19 test referred to in subsection 4(4) or (5).
Continued testing
(7) Any person, other than a passenger or pilot, who provides evidence of a result described in paragraph 4(4)(a) for a COVID-19 test that they took or a result described in subsection 4(5) for a COVID-19 molecular test that they took, as the case may be, must be tested for COVID-19 in accordance with the authorized representative’s vaccination policy every three days for the duration of the voyage if that voyage is scheduled to last six days or more.
COVID-19 test results — passengers
(8) A person who intends to be a passenger must be tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021 and must provide the results of their COVID-19 test to the authorized representative in accordance with that Bulletin.
Notification — vaccination
10 A cruise ship that is a foreign vessel on a voyage to Canada departing from any other country must not enter Canadian waters unless the authorized representative of the cruise ship notified every person before they boarded the cruise ship that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the cruise ship or before entering Canadian waters, to the Minister of Health or to a screening officer, as defined in section 2 of that Act, or person designated as a quarantine officer under subsection 5(2) of that Act, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The authorized representative must also notify every person that they may be denied permission to board the cruise ship and may be liable to a fine if this requirement applies to them and they fail to comply with it.
Exceptions
11 Sections 3 to 10 do not apply to
- (a) a cruise ship that is a foreign vessel in the territorial sea of Canada that is exercising the right of innocent passage in accordance with international law and Article 19 of Section 3 of the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982;
- (b) a pleasure craft; or
- (c) a vessel that is operated for the purpose of saving lives, securing the safety of another vessel or preventing the immediate loss of another vessel.
Vaccination Policy
Content
12 (1) A vaccination policy must include
- (a) the types and names of the vessels and cruise ships to which the policy applies;
- (b) the measures taken by the authorized representative to comply with local public health guidelines to prevent the spread of COVID-19;
- (c) the authorized representative’s obligations in relation to the policy;
- (d) the measures implemented to ensure that this Interim Order’s requirements in relation to vaccination are complied with, including the requirements set out in paragraphs 3(1)(b) and (c), subsections 4(1) to (5), section 5, paragraphs 7(1)(b) and (c) and subsections 9(1) to (5);
- (e) the means by which a person to whom the policy applies can provide evidence of their vaccination status and that they received one of the COVID-19 test results required by this Interim Order;
- (f) the measures to follow in testing a person for COVID-19 when a vessel or cruise ship is on a voyage that is scheduled to last six days or more, including the measures to follow if the person receives a positive result;
- (g) a procedure for verifying the evidence provided by a person who is subject to the policy who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief;
- (h) a procedure for issuing to a person referred to in paragraph (g) a document confirming the reason for which they did not complete a COVID-19 vaccine dosage regimen;
- (i) the measures to be taken to maintain physical distancing between the persons who work on board the vessels or cruise ships and the persons employed by the authorized representative who are not fully vaccinated, including any work arrangements for those persons who are not fully vaccinated and are unable to work on the vessels or cruise ships;
- (j) a procedure for collecting the following information with respect to an in-person interaction in the workplace between a person who works on board a vessel or cruise ship of an authorized representative and a person employed by the authorized representative who is unvaccinated or whose vaccination status is unknown:
- (i) the date, time and location of the interaction, and
- (ii) the contact information for the persons involved in the interaction; and
- (k) the consequences of not complying with the policy.
Medical contraindication
(2) For the purposes of paragraphs (1)(g) and (h), the vaccination policy must provide that a document is to be issued to a person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of a medical contraindication only if the person provides a medical certificate from a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.
Canadian Human Rights Act
(3) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative or a person hired by the authorized representative to provide a service, the vaccination policy must provide that a document is to be issued to the employee or person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious beliefs only if the authorized representative is obligated to accommodate them on that basis under the Canadian Human Rights Act.
Applicable legislation
(4) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative’s contractor or agent or mandatary, the vaccination policy must provide that a document is to be issued to the employee confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious beliefs only if they would be entitled to an accommodation on that basis under applicable legislation.
Vaccination policy kept on board
(5) The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must ensure that a copy of the vaccination policy is kept on board each such vessel or cruise ship of which they are the authorized representative and must make that policy available to the Minister within 48 hours of the Minister’s request.
Familiarity with policy
(6) The authorized representative must ensure that the crew members on board the vessel or cruise ship are familiar with the content of the vaccination policy and must keep on board the vessel or cruise ship a record indicating that the crew members have familiarized themselves with the policy.
Authorized representative’s confirmation
13 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel that begins to operate after this Interim Order is made must, on the day on which the vessel or cruise ship begins to operate, provide to the Minister written confirmation that they implemented a vaccination policy that meets the requirements set out in subsection 12(1).
Documents
14 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must make information related to the implementation of the vaccination policy available to the Minister on the Minister’s request.
Amending vaccination policy
15 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must amend their vaccination policy on the request of the Minister and must submit the amended vaccination policy to the Minister within five business days after the day on which the request is made.
Evidence of vaccination — elements
16 (1) For the purposes of this Interim Order, evidence of COVID-19 vaccination must be evidence issued by the government or the non-governmental entity that is authorized to issue it and must contain the following information:
- (a) the name of the person who received the vaccine;
- (b) the name of the government or the name of the non-governmental entity;
- (c) the brand name or any other information that identifies the vaccine that was administered; and
- (d) the dates on which the doses of the vaccine were administered or, if the evidence is one document issued for more than one dose and the document specifies only the date on which the most recent dose was administered, that date.
Evidence of vaccination — translation
(2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.
Notice to Minister — persons other than passengers
17 (1) An authorized representative referred to in section 3 or 7 or a pilotage authority referred to in subsection 6(2) who has reason to believe that a person other than a passenger provided evidence of COVID-19 vaccination, of a COVID-19 test result, of a medical contraindication or of a sincerely held religious belief that is likely to be false or misleading must as soon as feasible provide to the Minister the person’s name, contact information and, if applicable, their Candidate document number (CDN) or their Certificate of Competency number from the Standards for Training, Certification and Watchkeeping (STCW).
Notice to Minister — passengers
(2) An authorized representative of a cruise ship who has reason to believe that a passenger provided evidence of COVID-19 vaccination, of a COVID-19 test result, of a medical contraindication or of a sincerely held religious belief that is likely to be false or misleading must as soon as feasible provide to the Minister
- (a) the person’s name, date of birth and contact information;
- (b) the person’s travel information; and
- (c) a description of the circumstances that led the authorized representative to believe that the evidence is likely to be false or misleading and the date on which they occurred.
COVID-19 Management Plan
Content
18 A COVID-19 management plan must include
- (a) measures implemented to ensure compliance with this Interim Order’s vaccination requirements in relation to passengers;
- (b) measures to ensure that passengers are tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021 and that they provide the results of their COVID-19 test to the authorized representative in accordance with that Bulletin;
- (c) measures to prevent or limit the spread of COVID-19 on board the cruise ship;
- (d) measures to protect crew members and passengers from the transmission of COVID-19 when the cruise ship stops at a port of call during the voyage;
- (e) measures to respond to a COVID-19 outbreak on board the cruise ship;
- (f) in the case of a cruise ship that is a foreign vessel, measures implemented to ensure that it complies with the United States Centers for Disease Control and Prevention’s Framework for Conditional Sailing Order or the European Union’s framework in relation to COVID-19 that applies to cruise ships; and
- (g) any other measures necessary to meet the requirements set out in Ship Safety Bulletin No. 18/2021.
Notice to Minister
19 The authorized representative of a cruise ship must notify the Minister 45 days before the cruise ship is first operated in, or first enters, Canadian waters, whichever occurs first after this Interim Order is made, that they have implemented their COVID-19 management plan in accordance with section 18.
Management plan kept on board
20 The authorized representative of a cruise ship that is a Canadian vessel operating in any waters or of a cruise ship that is a foreign vessel operating in Canadian waters must ensure that a copy of their COVID-19 management plan is kept on board each cruise ship of which they are the authorized representative and must make that plan available to the Minister within 48 hours of the Minister’s request.
Amending management plan
21 The authorized representative of a cruise ship must amend their COVID-19 management plan on the request of the Minister and must submit the amended plan to the Minister within five business days after the day on which the request is made.
Checklist Respecting Procedures at Ports
Requirement
22 (1) The authorized representative of a cruise ship must have a checklist respecting procedures to be followed at the ports where the cruise ship is scheduled to call that is signed by the port authorities of those ports and the appropriate public health authorities.
Content
(2) The checklist must include
- (a) measures to prevent or limit the spread of COVID-19 during the embarkation and disembarkation of passengers at a port of call; and
- (b) any other measures necessary to meet the requirements set out in Ship Safety Bulletin No. 18/2021.
Notice to Minister
(3) The authorized representative of a cruise ship must notify the Minister 45 days before the cruise ship is first operated in, or first enters, Canadian waters, whichever occurs first after this Interim Order is made, that they have the checklist referred to in subsection (1).
Checklist kept on board
23 The authorized representative of a cruise ship that is a Canadian vessel operating in any waters or of a cruise ship that is a foreign vessel operating in Canadian waters must ensure that a copy of the checklist referred to in subsection 22(1) is kept on board each cruise ship of which they are the authorized representative and must make that checklist available to the Minister within 48 hours of the Minister’s request.
Reports
Complete report
24 (1) The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must provide to the Minister, in accordance with Ship Safety Bulletin No. 17/2021, a report that contains the following information:
- (a) the name of the vessels and cruise ships that are the subject of the report;
- (b) the number of persons employed by the authorized representative;
- (c) the number of those persons who are fully vaccinated, partially vaccinated and not vaccinated;
- (d) the number of persons to whom the authorized representative issued a document confirming that the person did not complete a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief and a record that confirms they provided the required evidence;
- (e) the number of persons employed by the authorized representative who are unable to work because of COVID-19;
- (f) the number of persons whose employment responsibilities require them to be on board the vessel or cruise ship and among those persons the number who are fully vaccinated, partially vaccinated or unvaccinated;
- (g) the number of persons, from among the persons referred to in paragraph (f), to whom the authorized representative issued a document confirming the person did not complete a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief and the mitigation measures implemented in respect of those persons;
- (h) the number of persons employed by the authorized representative who are scheduled to be on board a vessel but who are not permitted to board because they are not in compliance with the vaccination requirements under this Interim Order; and
- (i) the number of instances in which information was collected in respect of an in-person interaction referred to in paragraph 12(1)(j).
Abridged report
(2) An authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel who implements a vaccination policy that exceeds the requirements of this Interim Order and that applies to all their employees, including those whose employment responsibilities do not require them to be on board the vessel or cruise ship, is exempt from subsection (1) but must provide to the Minister, in accordance with Ship Safety Bulletin No. 17/2021, a report that contains the information set out in paragraphs (1)(a) to (d).
Report on passengers
25 An authorized representative of a cruise ship that is a Canadian vessel operating in any waters or of a cruise ship that is a foreign vessel operating in Canadian waters must provide to the Minister, in accordance with Ship Safety Bulletin No. 18/2021, a report that contains the following information:
- (a) the number of passengers on board the cruise ship;
- (b) the number of passengers who are fully vaccinated, who are not fully vaccinated due to a medical contraindication and who are not fully vaccinated due to a sincerely held religious belief;
- (c) the number of passengers who received a postive result for a COVID-19 test during the voyage;
- (d) the number of passengers referred to in paragraph (c) who were fully vaccinated and who were not fully vaccinated due to a reason referred to in subsection 7(3);
- (e) any data that indicates trends of positive COVID-19 test results;
- (f) the number of persons who intended to be passengers who were denied permission to board the cruise ship because they did not comply with the requirements of this Interim Order, including by failing to provide the required information or by providing evidence that is likely to be false or misleading; and
- (g) any other information set out in Ship Safety Bulletin No. 18/2021.
Passenger Vessels That Provide Essential Services and Ferry Vessels
Permission
26 (1) A passenger vessel that provides essential services may be operated in Canadian waters if
- (a) the vessel, at all times, carries not more than 50% of the maximum number of passengers that it is certified to carry, as indicated on its inspection certificate or Passenger Ship Safety Certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; or
- (b) its authorized representative implements the measures to reduce transmission risks of COVID-19 set out in the Ship Safety Bulletin entitled Measures to Mitigate the Spread of COVID-19 on Passenger Vessels and Ferries, SSB No. 12/2020, published on April 17, 2020 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced.
Notice to Minister
(2) The authorized representative of a vessel who implements measures in accordance with paragraph (1)(b) must notify the Minister, in writing, of the measures before implementing them and must keep a copy of the notice on board.
Guidelines
27 The authorized representative and master of a passenger vessel that provides essential services must make reasonable efforts to implement the measures contained in the guidelines that are set out in the document entitled COVID-19: Guidance Material for Passenger Vessel and Ferry Operators published on April 17, 2020 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time.
Ferry vessels
28 The authorized representative and master of a ferry vessel must ensure that the applicable requirements set out in section 3, paragraph 26(1)(a) or (b) and subsection 26(2) are met and must comply with the requirement set out in section 27.
Prohibition — Authorized Representative and Master
Prohibition
29 The authorized representative, and master, of a vessel referred to in section 3 or a cruise ship must not permit the vessel or cruise ship to contravene any of the restrictions or prohibitions set out in this Interim Order.
Enforcement
Persons ensuring compliance
30 (1) The following persons are authorized to ensure compliance with this Interim Order:
- (a) marine safety inspectors;
- (b) members of the Royal Canadian Mounted Police;
- (c) members of any harbour or river police force; and
- (d) members of any provincial, county or municipal police force.
Powers and duties
(2) A person who is authorized to ensure compliance with this Interim Order may
- (a) prohibit the movement of any vessel or direct it to be moved;
- (b) stop and board any vessel at any reasonable time and
- (i) direct any person to answer reasonable questions and provide reasonable assistance, and
- (ii) require any person to provide, for examination, any document that the person is required to have in their possession or that is required to be kept on board; and
- (c) verify by any means that the requirements of this Interim Order are met.
Obligation to comply
31 A person or vessel must comply with any direction given to them or a requirement or prohibition imposed on them under subsection 30(2).
Repeal
32 The Interim Order Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19), made on November 29, 2021, is repealed.
SCHEDULE
(Subsection 1(1))
Item | Vessels |
---|---|
1 | A vessel operating to protect public health or safety or the marine environment including a vessel that is involved in
|
2 | A vessel that supports the activities of any of the following at their request:
|
3 | A vessel that operates when it is the most practical means to
|
GLOBAL AFFAIRS CANADA
SPECIAL IMPORT MEASURES ACT
Code of Conduct applicable to dispute settlement proceedings under the Canada–United States–Mexico Agreement
Notice is hereby given, in accordance with section 77.036 of the Special Import Measures Act, of the code of conduct established pursuant to Article 10.17 of the Canada–United States–Mexico Agreement (i.e. the Canada–United States–Mexico Agreement (CUSMA) Code of Conduct).
CODE OF CONDUCT
Article 1: Application
The Parties place prime importance on the integrity and impartiality of proceedings conducted under Chapter 10 (Trade Remedies) and Chapter 31 (Dispute Settlement) of the Agreement. This Code of Conduct (the “Code”) is established to ensure that these principles are respected.
Article 2: Interpretation
- For the purposes of this Code:
- Agreement
- means the agreement signed between Canada, Mexico, and the United States on November 30, 2018, as amended;
- assistant
- means a person who, under the terms of appointment of a member, conducts research or provides support for the member;
- candidate
- means:
- (a) an individual whose name appears on a roster or list established under Annex 10-B.1 (Establishment of Binational Panels), Annex 10-B.3 (Extraordinary Challenge Procedure), Article 31.8 (Roster and Qualifications of Panelists), Annex 31-A (United States-Mexico Facility-Specific Rapid Response Labor Mechanism), or Annex 31-B (Canada-Mexico Facility-Specific Rapid Response Labor Mechanism);
- (b) an individual who is under consideration for appointment as a member of a panel under Annex 10-B.1 (Establishment of Binational Panels), Article 10.11 (Review of Statutory Amendments), Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations), Article 31.9 (Panel Composition), Annex 31-A (United States-Mexico Facility-Specific Rapid Response Labor Mechanism), or Annex 31-B (Canada-Mexico Facility-Specific Rapid Response Labor Mechanism); or
- (c) an individual who is under consideration for appointment as a member of a committee under Annex 10-B.3 (Extraordinary Challenge Procedure) or Article 10.13 (Safeguarding the Panel Review System);
- family member
- means the spouse of a candidate or member; or a parent, child, grandparent, grandchild, sister, brother, aunt, uncle, niece, or nephew of the candidate or member or spouse of the candidate or member, including whole and half blood relatives and step relatives; or the spouse of such an individual. A family member also includes any resident of a candidate’s or member’s household whom the candidate or member treats as a member of their family;
- member
- means:
- (a) a member of a panel constituted under Annex 10-B.1 (Establishment of Binational Panels), Article 10.11 (Review of Statutory Amendments), Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations), Article 31.6 (Establishment of a Panel), Article 31.9 (Panel Composition), Article 31.19 (Non-Implementation – Suspension of Benefits, Article 31-A.4.8 (Requests for Review and Remediation), Article 31-B.4.8 (Requests for Review and Remediation), Article 31-A.5 (Requests for Establishment of Rapid Response Labor Panel), or Article 31-B.5 (Requests for Establishment of Rapid Response Labor Panel);
- (b) a member of an extraordinary challenge committee constituted under Annex 10-B.3 (Extraordinary Challenge Procedure); or
- (c) a member of a special committee constituted under Article 10.13 (Safeguarding the Panel Review System);
- participant
- has the meaning assigned in the Rules of Procedure for Article 10.12 (Binational Panel Reviews);
- Party
- means a Party to the Agreement;
- proceeding,
- unless otherwise specified, means:
- (a) a panel review under Article 10.11 (Review of Statutory Amendments) or Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations);
- (b) an extraordinary challenge proceeding under Annex 10-B.3 (Extraordinary Challenge Procedure);
- (c) a special committee proceeding under Article 10.13 (Safeguarding the Panel Review System);
- (d) a panel proceeding under Section A of Chapter 31 (Dispute Settlement); or
- (e) a proceeding under Annex 31-A (United States-Mexico Facility-Specific Rapid Response Labor Mechanism) or Annex 31-B (Canada-Mexico Facility-Specific Rapid Response Labor Mechanism);
- Rules
- mean the Rules of Procedure established under Article 10.12.14 (Review of Final Antidumping and Countervailing Duty Determinations), Annex 10-B.3.2 (Extraordinary Challenge Procedure), or Annex 10-B.4 (Special Committee Procedures), and those established under Article 30.2.1(e) (Free Trade Commission) and Article 31.11 (Rules of Procedure for Panels);
- Secretariat
- means the Secretariat established under Article 30.6 (The Secretariat); and
- staff,
- in respect of a member, means persons under the direction and control of the member, other than assistants.
- Unless otherwise specified, a reference made in this Code to an Article, Annex, or Chapter is a reference to the appropriate Article, Annex, or Chapter of the Agreement.
Article 3: Responsibilities to the Process
Every candidate, member, and former member shall avoid impropriety and the appearance of impropriety and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process is preserved.
Article 4: Disclosure Obligations
- A candidate shall disclose any interest, relationship, or matter that is likely to affect the candidate’s independence or impartiality or that might reasonably create an appearance of impropriety or an apprehension of bias in the proceeding. An appearance of impropriety or an apprehension of bias is created where a reasonable person, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, would conclude that a candidate’s or member’s ability to carry out the duties with integrity, impartiality, and competence is impaired.
- A candidate shall make all reasonable efforts to identify any interests, relationships, and matters referred to in paragraph 1.
- The candidate shall disclose such interests, relationships, and matters by completing an Initial Disclosure Statement provided by the Secretariat and sending it to the Secretariat.
- Without limiting the generality of the disclosure requirement in paragraph 1, candidates shall disclose the following interests, relationships, and matters:
- (a) any financial interest of the candidate in:
- (i) the proceeding or in its outcome, and
- (ii) an administrative proceeding, a domestic judicial proceeding, or another international dispute settlement proceeding that involves issues that may be decided in the proceeding for which the candidate is under consideration;
- (b) any financial interest of the candidate’s employer, business partner, business associate, or family member in:
- (i) the proceeding or in its outcome, and
- (ii) an administrative proceeding, a domestic judicial proceeding, or another international dispute settlement proceeding that involves issues that may be decided in the proceeding for which the candidate is under consideration;
- (c) any past or existing financial, business, professional, family, or social relationship with any interested parties in the proceeding, or their counsel, or any such relationship involving a candidate’s employer, business partner, business associate, or family member; and
- (d) public advocacy or legal or other representation concerning an issue in dispute in the proceeding or concerning a dispute involving the same good, service, investment, or government procurement that is the subject of the dispute in the proceeding.
- (a) any financial interest of the candidate in:
- The candidate shall also include in their Initial Disclosure Statement any publication by the candidate that has a direct relationship with the matter in dispute in the proceeding in which the candidate was requested to serve.
- A member in an Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations) proceeding shall, after receiving the complaint, disclose any interests, advocacy or representation referred to in sub-subparagraph 4(a)(ii) or 4(b)(ii) or subparagraph 4(d) by completing a Supplementary Disclosure Statement provided by the Secretariat and sending it to the Secretariat for consideration by the appropriate Parties.
- Throughout the proceeding, a candidate or member shall continue to make all reasonable efforts to identify any interests, relationships, or matters referred to in paragraphs 1 or 4 and shall disclose them. The obligation to disclose is a continuing duty that requires a candidate or member to disclose any such interests, relationships, and matters that may arise during any stage of the proceeding. The candidate or member shall promptly disclose such interests, relationships, and matters by completing a Supplementary Disclosure Statement and sending it to the Secretariat for consideration by the appropriate Parties.
- In the event of any uncertainty regarding whether an interest, relationship, or matter must be disclosed, a candidate or member should err in favor of disclosure. Disclosure of an interest, relationship, or matter is without prejudice as to whether the interest, relationship, or matter is covered by paragraph 1, 4, or 7, or whether it warrants recusal, disqualification, or other remedial measures.
- The disclosure obligations referred to in paragraphs 1 through 8 should not be interpreted so that the burden of detailed disclosure makes it impractical for persons in the legal or business community to serve as members, thereby depriving the Parties and participants of the services of those who might be best qualified to serve as members. Candidates and members are not called upon to disclose interests, relationships, or matters whose bearing on their role in the proceeding would be trivial.
- This Code does not determine whether or under what circumstances the Parties will disqualify a candidate or member from being appointed to, or serving as a member of, a panel or committee on the basis of disclosures made.
Article 5: Duties of Candidates and Members
- A candidate or member shall avoid direct or indirect conflicts of interest.
- A candidate should consider declining an appointment as a member of a panel or committee, and a member should consider refusing to continue to act, if:
- (a) they have any doubt as to their ability to be impartial or independent; or
- (b) facts or circumstances exist, or have arisen since the appointment, which would create an appearance of impropriety or an apprehension of bias.
- A candidate who accepts an appointment as a member shall carry out all of their duties fairly and diligently, and shall be available to perform, and once appointed shall perform, their duties in a thorough and expeditious manner throughout the course of the proceeding.
- A member shall ensure that the Secretariat can, at all reasonable times, contact the member in order to conduct panel or committee business.
- A member shall comply with the provisions of Chapter 10 (Trade Remedies) or Chapter 31 (Dispute Settlement) and the Rules.
- A member shall not deny other members the opportunity to participate in all aspects of the proceeding.
- A member shall consider only those issues raised in the proceeding and necessary to a decision and shall not delegate the duty to decide to any other person, except as provided in the Rules.
- A member shall take all reasonable steps to ensure that the member’s assistants and staff comply with Article 3 (Responsibilities to the Process), Article 4 (Disclosure Obligations), Articles 5.5, 5.9, and 5.10 (Duties of Candidates and Members), and Article 8 (Confidentiality) of this Code.
- A member shall not engage in ex parte contacts concerning the proceeding.
- A candidate or member shall only communicate matters concerning actual or potential violations of this Code to the Secretariat, or if necessary to ascertain whether that candidate or member has violated or may violate this Code, to the Secretariat and the disputing Parties.
Article 6: Independence and Impartiality of Members
- A member shall be independent and impartial. A member shall act in a fair manner and shall avoid creating an appearance of impropriety or an apprehension of bias.
- A member shall not be influenced by self-interest, outside pressure, political considerations, public clamor, loyalty to a Party, or fear of criticism.
- A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the member’s duties.
- A member shall not use the member’s position on the panel or committee to advance any personal or private interests. A member shall avoid actions that may create the impression that others are in a special position to influence the member. A member shall make every effort to prevent or discourage others from representing themselves as being in such a position.
- A member shall not allow past or existing financial, business, professional, family, or social relationships or responsibilities to influence the member’s conduct or judgment.
- A member shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the member’s impartiality or that might reasonably create an appearance of impropriety or an apprehension of bias.
- If the disputing Parties agree that an interest, relationship, or matter of a candidate or member is inconsistent with paragraphs 1 through 6, the candidate may accept appointment to a panel and a member may continue to serve on a panel or committee if the disputing Parties waive the inconsistency or if, after the candidate or member has taken steps to ameliorate the violation, the disputing Parties determine that the inconsistency has ceased and the disputing Parties agree that the candidate should be appointed or the member should continue to serve.
Article 7: Duties in Certain Situations
- For a period of one year after the completion of an Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations) proceeding, a former member shall not personally advise or represent any participant in the proceeding with regard to antidumping or countervailing duty matters.
- In the case of an Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations) proceeding, a member or a former member shall not represent a participant in an administrative proceeding, a domestic court proceeding, or another Article 10.12 proceeding involving the same goods.
- In any proceeding under Chapter 31 (Dispute Settlement), a member shall refrain, for the duration of the proceeding, from acting as counsel or party-appointed expert witness in any new or pending dispute, under the Agreement or another international agreement, that directly addresses the same measure in dispute in, or arises out of the facts giving rise to, the proceeding under Chapter 31.
- A former member shall avoid actions that may create the appearance that the member was biased in carrying out the member’s duties or would benefit from the decision of the panel or committee.
Article 8: Confidentiality
- A member or former member shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to affect adversely the interest of another.
- A member shall not disclose a declaratory opinion under Article 10.11 (Review of Statutory Amendments) or a panel or extraordinary challenge committee order or decision under Article 10.12 (Review of Final Antidumping and Countervailing Duty Determinations) prior to its issuance by the panel or committee.
- A member shall not disclose a special committee report or decision under Article 10.13 (Safeguarding the Panel Review System) prior to its public release by the Secretariat. A member or former member shall not at any time disclose which members are associated with majority or minority opinions in an Article 10.13 proceeding.
- A member shall not disclose a panel report issued under Chapter 31 (Dispute Settlement) prior to its publication by the Commission. A member or former member shall not at any time disclose which members are associated with majority or minority opinions in a proceeding under Chapter 31.
- A member or former member shall not at any time disclose the deliberations of a panel or committee, or any member’s view, except as required by law.
- A member shall not make a public statement regarding the merits of a pending proceeding.
Article 9: Responsibilities of Assistants, Experts, and Staff
Article 3 (Responsibilities to the Process), Article 4 (Disclosure Obligations), Articles 5.5, 5.9, and 5.10 (Duties of Candidates and Members), and Article 8 (Confidentiality) of this Code apply also to assistants, experts, and staff.
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. SMSE-006-22 — Proposed Revisions to the Canadian Table of Frequency Allocations, 2022 Edition
This notice invites comments on proposals for the revision of the Canadian Table of Frequency Allocations, as outlined in the consultation paper entitled Proposed Revisions to the Canadian Table of Frequency Allocations, 2022 Edition. These proposed revisions take into account the results of the 2019 World Radiocommunication Conference (WRC-19) and domestic requirements.
Submitting comments
To ensure consideration, parties should submit their comments no later than March 21, 2022. Respondents are asked to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email to ic.spectrumengineering-genieduspectre.ic@ised-isde.gc.ca. Soon after the close of the comment period, all comments will be posted on Innovation, Science and Economic Development Canada’s (ISED) Spectrum Management and Telecommunications website. ISED will review and consider all comments in order to arrive at its decisions regarding the above-mentioned consultation.
All submissions should cite the Canada Gazette, Part I, the publication date, the title and the reference number of this notice (SMSE-006-22).
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.
January 22, 2022
Martin Proulx
Director General
Engineering, Planning and Standards Branch
PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.
We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.
The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.
Current opportunities
The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.
Position | Organization | Closing date |
---|---|---|
Chief Executive Officer | Canadian Centre on Substance Abuse | |
Member | Canadian Cultural Property Export Review Board | |
Chief Executive Officer | Canadian Dairy Commission | |
Deputy Chief Commissioner | Canadian Human Rights Commission | |
Member | Canadian Human Rights Commission | |
Member | Canadian Museum of Nature | |
Chairperson | Invest in Canada Hub | |
Chief Executive Officer | Invest in Canada Hub | |
Director | Invest in Canada Hub | |
Commissioner | Law Commission of Canada | |
President | Law Commission of Canada | |
Privacy Commissioner | Office of the Privacy Commissioner of Canada | |
Chairperson | Patented Medicine Prices Review Board Canada | |
Director (Federal) | Québec Port Authority | |
Director | Windsor-Detroit Bridge Authority |