Canada Gazette, Part I, Volume 156, Number 23: GOVERNMENT NOTICES

June 4, 2022

DEPARTMENT OF INDUSTRY

BOARDS OF TRADE ACT

Beaver Valley Chamber of Commerce of Thornbury and District

Notice is hereby given that Her Excellency the Governor General in Council, by Order in Council dated May 16, 2022, has been pleased to change the name of the Beaver Valley Chamber of Commerce of Thornbury and District to The Blue Mountains Chamber of Commerce upon petition made therefor under section 39 of the Boards of Trade Act.

May 20, 2022

Hantz Prosper
Director
For the Minister of Industry

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19

Whereas the annexed Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote 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 makes the annexed Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19 under subsection 6.41(1)footnote g of the Aeronautics Actfootnote f.

Ottawa, May 19, 2022

Omar Alghabra
Minister of Transport

Interim Order for Civil Aviation Respecting Requirements Related to Vaccination Due to COVID-19

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 1, 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)
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 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  • (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  • (c) if the test is self-administered, is observed and whose result is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
  • (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
  • (a) if the test is self-administered, is observed and whose result is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
  • (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (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)
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 d’un aérodrome)
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)
testing provider
means
  • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)

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 fully vaccinated person

(4) 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

Interpretation — fully vaccinated person

(5) For greater certainty, for the purposes of the definition fully vaccinated person in subsection (4), 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.

Vaccination — Flights Departing from an Aerodrome in Canada

Application

2 (1) Sections 3 to 16 apply to all of the following persons:

Non-application

(2) Sections 3 to 16 do not apply to any of the following persons:

Notification

3 An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that

Prohibition — person

4 (1) A person must not board an aircraft for a flight or enter a restricted area unless they are a fully vaccinated person.

Exception

(2) Subsection (1) does not apply to

Persons — subparagraphs 4(2)(d)(i) to (iv)

5 (1) An air carrier must issue a document to a person referred to in any of subparagraphs 4(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

Request — contents

(2) The request must be signed by the requester and include the following:

Timing of request

(3) The request must be submitted to the air carrier

Special circumstances

(4) In special circumstances, an air carrier may issue the document referred to in subsection (1) in response to a request that is not submitted within the time limit referred to in subsection (3).

Content of document

(5) The document referred to in subsection (1) must include

Record keeping

6 (1) An air carrier must keep a record of the following information:

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

7 (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 5(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

8 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

Provision of evidence

9 A person must, at the request of an air carrier, provide to the air carrier the evidence referred to in paragraph 8(a), (b) or (c).

Evidence of vaccination — elements

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:

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.

Result of COVID-19 test

11 (1) A result for a COVID-19 molecular test or a COVID-19 antigen test is a result described in subparagraph 4(2)(c)(i), (ii) or (iii).

Evidence — molecular test

(2) Evidence of a result for a COVID-19 molecular test must include the following:

Evidence — antigen test

(3) Evidence of a result for a COVID-19 antigen test must include the following:

Person — paragraph 4(2)(a)

12 (1) Evidence that the person is a person referred to in paragraph 4(2)(a) must be

Person — paragraph 4(2)(b)

(2) Evidence that the person is a person referred to in paragraph 4(2)(b) must be

Person — paragraph 4(2)(c)

(3) Evidence that the person is a person referred to in paragraph 4(2)(c) must be

Person — subparagraphs 4(2)(d)(i) to (iv)

(4) Evidence that the person is a person referred to in any of subparagraphs 4(2)(d)(i) to (iv) must be a document issued by an air carrier under subsection 5(1) in respect of the flight for which the person is boarding the aircraft or entering the restricted area.

Person — subparagraph 4(2)(e)(i)

(5) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(ii)

(6) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(iii)

(7) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(iv)

(8) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(v)

(9) Evidence that the person is a person referred to in subparagraph 4(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 4(2)(e)(vi)

(10) Evidence that the person is a person referred to in subparagraph 4(2)(e)(vi) must be the person’s D-1, O-1 or C-1 visa.

Person — subparagraph 4(2)(e)(vii)

(11) Evidence that the person is a person referred to in subparagraph 4(2)(e)(vii) must be

False or misleading information

13 (1) A person must not submit a request referred to in section 5 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

14 (1) An air carrier that has reason to believe that a person has submitted a request referred to in section 5 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:

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:

Prohibition — air carrier

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 9.

Record keeping — air carrier

16 (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 15:

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.

Policy Respecting Mandatory Vaccination

Application

17 Sections 18 to 22 apply to

Definition of relevant person

18 (1) For the purposes of sections 19 to 22, relevant person, in respect of an entity referred to in section 17, means a person whose duties involve an activity described in subsection (2) and who is

Activities

(2) For the purposes of subsection (1), the activities are

Comprehensive policy — operators of aerodromes

19 (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

Medical contraindication

(3) For the purposes of paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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:

Comprehensive policy — air carriers and NAV CANADA

20 Section 21 does not apply to an air carrier or NAV CANADA if that entity

Targeted policy — air carriers and NAV CANADA

21 (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

Medical contraindication

(3) For the purposes of paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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 paragraphs (2)(c) and (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:

Ministerial request — policy

22 (1) The operator of an aerodrome, an air carrier or NAV CANADA must make a copy of the policy referred to in section 19, 20 or 21, 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 19, 20 or 21, as applicable, available to the Minister on request.

Vaccination — Aerodromes in Canada

Application

23 (1) Sections 24 to 33 apply to all of the following persons:

Non-application

(2) Sections 24 to 33 do not apply to any of the following persons:

Prohibition

24 (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 19(2)(d) or 21(2)(d).

Provision of evidence

25 A person must provide to a screening authority or the operator of an aerodrome, on their request,

Request for evidence

26 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 25(a) or (b).

Declaration

27 (1) If a person who is a fully vaccinated person or who has been issued a document under the procedure referred to in paragraph 19(2)(d) is unable, following a request to provide evidence under section 26, to provide the evidence, the person may

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 26 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 25(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

28 (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 27(5):

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

29 (1) A screening authority must deny a person entry to a restricted area if, following a request to provide evidence under section 26, the person does not provide the evidence or, if applicable, does not sign or provide a declaration under subsection 27(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

30 A person must not provide evidence that they know to be false or misleading.

Notice to Minister

31 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:

Record keeping — denial of entry

32 (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 29(1):

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

33 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 19(2)(d).

Designated Provisions

Designation

34 (1) The provisions of this Interim Order set out in column 1 of Schedule 3 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 3 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

SCHEDULE 1

(Subsections 1(1) and 2(1) and paragraphs 2(2)(c), 17(a) and (b), 18(2)(d) and 23(1)(a) to (c) and (e))

Aerodromes
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 2

(Subparagraph 19(2)(a)(iii) and paragraphs 21(2)(a) and 23(2)(e))

Departments and Departmental Corporations

Name

SCHEDULE 3

(Subsections 34(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual Corporation
Section 3   25,000
Subsection 4(1) 5,000  
Subsection 5(1)   25,000
Subsection 6(1)   25,000
Subsection 6(2)   25,000
Subsection 6(3)   25,000
Subsection 7(1)   25,000
Subsection 7(2)   25,000
Section 8   25,000
Section 9 5,000  
Subsection 13(1) 5,000  
Subsection 13(2) 5,000  
Subsection 14(1)   25,000
Subsection 14(2)   25,000
Section 15   25,000
Subsection 16(1)   25,000
Subsection 16(2)   25,000
Subsection 16(3)   25,000
Subsection 19(1)   25,000
Subsection 21(1)   25,000
Subsection 22(1)   25,000
Subsection 22(2)   25,000
Subsection 24(1) 5,000  
Section 25 5,000  
Section 26   25,000
Subsection 27(3)   25,000
Subsection 27(4) 5,000  
Subsection 27(5)   25,000
Subsection 28(1)   25,000
Subsection 28(2)   25,000
Subsection 28(3)   25,000
Subsection 29(1)   25,000
Subsection 29(2)   25,000
Subsection 29(3)   25,000
Section 30 5,000  
Section 31   25,000
Subsection 32(1)   25,000
Subsection 32(2)   25,000
Subsection 32(3)   25,000
Section 33   25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 63

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 63 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 Act footnote f;

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

Therefore, the Minister of Transport makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 63 under subsection 6.41(1)footnote g of the Aeronautics Act footnote f.

Ottawa, May 19, 2022

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 63

Interpretation

Definitions

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

aerodrome security personnel
has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
air carrier
means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
COVID-19
means the coronavirus disease 2019. (COVID-19)
COVID-19 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  • (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  • (c) if the test is self-administered, is observed and whose result is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
  • (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
  • (a) if the test is self-administered, is observed and whose result is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
  • (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)
customs officer
has the same meaning as officer in subsection 2(1) of the Customs Act. (agent des douanes)
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)
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)
quarantine officer
means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
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)
testing provider
means
  • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
variant of concern
means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)

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:

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

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.

Definition

(5) For the purposes of this section, screening officer has the same meaning as in section 2 of the Quarantine Act.

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.

Confirmation of Health Status

Non-application

7 Sections 8 and 9 do not apply to the following persons:

Notification

8 (1) 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

Confirmation

(2) 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:

False confirmation — notice to person

(3) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers or a confirmation that they know to be false or misleading.

False confirmation — obligations of person

(4) A person who is required to provide a confirmation under subsection (2) must

Exception

(5) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who is required to give a confirmation under subsection (2).

Observations — private operator or air carrier

(6) 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 of the symptoms referred to in paragraph (1)(a).

Prohibition

9 (1) 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

Exception

(2) Paragraphs (1)(a) and (b) do not apply to a person who can provide a medical certificate certifying that any symptoms referred to in paragraph 8(2)(a) that they are exhibiting are not related to COVID-19 or who has a result for one of the COVID-19 tests described in subsection 13(1).

[10 reserved]

COVID-19 Tests — 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 or a COVID-19 antigen 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 or a COVID-19 antigen 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

Location of test — outside Canada

(1.1) The COVID-19 tests referred to in paragraphs (1)(a) and (b) must be performed outside Canada.

Evidence — location of test

(2) For the purposes of paragraphs (1)(a) and (b) and subsection (1.1), the COVID-19 molecular test or COVID-19 antigen test must not have been performed in a country where, as determined by the Minister of Health, there is an outbreak of a variant of concern or there are reasonable grounds to believe that there is an outbreak of such a 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 or a COVID-19 antigen test that was carried out in accordance with an alternative testing protocol referred to in that section.

Evidence — molecular test

14 (1) Evidence of a result for a COVID-19 molecular test must include

Evidence — antigen test

(2) Evidence of a result for a COVID-19 antigen test must include

False or misleading evidence

15 A person must not provide evidence of a result for a COVID-19 molecular test or a COVID-19 antigen 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 or a COVID-19 antigen 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 or a COVID-19 antigen test in accordance with the requirements set out in section 13 or 13.1.

Masks

Non-application

18 (1) Sections 19 to 24 do not apply to any of the following persons:

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

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

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

Exceptions — flight deck

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

Compliance

22 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel, a crew member, a customs officer or a quarantine officer 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

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

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

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

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) Sections 28 and 28.1 do not apply to any of the following persons:

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 or 28.1 if the child

Wearing of mask — persons on board

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.

Wearing of mask — customs and border processing area

28.1 A person must wear a mask at all times when they are in the customs and border processing area.

Screening Authority

Non-application

29 (1) Sections 30 to 33 do not apply to any of the following persons:

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

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

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 the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

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

Notice

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

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 62, made on May 6, 2022, is repealed.

SCHEDULE

(Subsections 34(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual Corporation
Subsection 2(1) 5,000 25,000
Subsection 2(2) 5,000 25,000
Subsection 2(3) 5,000 25,000
Subsection 2(4) 5,000 25,000
Subsection 3(1) 5,000  
Subsection 3(2) 5,000  
Section 4 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000  
Subsection 8(3) 5,000 25,000
Subsection 8(4) 5,000  
Subsection 8(6) 5,000 25,000
Subsection 9(1) 5,000 25,000
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
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  
Section 28.1 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

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.

Governor in Council appointment opportunities
Position Organization Closing date
Director Bank of Canada  
Chairperson Canada Agricultural Review Tribunal  
Director Canada Development Investment Corporation  
Director Canada Foundation for Sustainable Development Technology  
Chairperson Canada Lands Company Limited  
Member Canada–Nova Scotia Offshore Petroleum Board  
Chief Executive Officer Canadian Centre on Substance Abuse  
Member Canadian Cultural Property Export Review Board  
Chief Executive Officer Canadian Dairy Commission  
Chairperson Canadian High Arctic Research Station  
Member Canadian High Arctic Research Station  
Vice-Chairperson Canadian High Arctic Research Station  
Chief Commissioner Canadian Human Rights Commission  
Deputy Chief Commissioner Canadian Human Rights Commission  
Member Canadian Human Rights Commission  
Trustee Canadian Museum for Human Rights  
Director Canadian Museum of History  
Director Canadian Museum of Nature  
Chairperson Canadian Radio-television and Telecommunications Commission  
Vice-Chairperson Canadian Radio-television and Telecommunications Commission  
President Farm Credit Canada  
Member Historic Sites and Monuments Board of Canada  
Commissioner International Commission on the Conservation of Atlantic Tunas  
Chairperson International Development Research Centre  
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  
Member National Capital Commission  
Government Film Commissioner National Film Board  
Trustee National Museum of Science and Technology  
Canadian Representative North Atlantic Salmon Conservation Organization  
Canadian Representative North Pacific Anadromous Fish Commission  
Federal Ombudsman for Victims of Crime Office of the Federal Ombudsman for Victims of Crime  
Privacy Commissioner Office of the Privacy Commissioner of Canada  
Member Pacific Pilotage Authority  
Chairperson Patented Medicine Prices Review Board  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Deputy Registrar Supreme Court of Canada  
Director Windsor-Detroit Bridge Authority