Canada Gazette, Part I, Volume 156, Number 28: GOVERNMENT NOTICES

July 9, 2022

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 21127

Ministerial condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance α-D-glucopyranoside, 4-hydroxyphenyl, Chemical Abstracts Service Registry Number 84380-01-8;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance subject to the conditions of the following annex.

Marc D’lorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions:

“cosmetic”
means a cosmetic as defined in section 2 of the Food and Drugs Act;
“notifier”
means the person who has, on February 25, 2022, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999; and
“substance”
means α-D-glucopyranoside, 4-hydroxyphenyl, Chemical Abstracts Service Registry Number 84380-01-8.

2. The notifier may manufacture or import the substance subject to the present ministerial conditions.

Restrictions

3. The notifier shall manufacture the substance only for use in the manufacture of the following:

4. The notifier shall import the substance only under the following conditions:

Other requirements

5. (1) The notifier shall, prior to transferring the physical possession or control of the substance to any person,

(2) Subsection (1) does not apply when the substance is contained in a cosmetic referred to in sections 3 and 4.

6. The person who signs the written confirmation referred to in paragraph 5(1)(b) must comply with sections 3 and 4 as if these sections referred to this person.

Record-keeping requirements

7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating

(2) The notifier shall maintain the electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Coming into force

8. The present ministerial conditions come into force on June 21, 2022.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2022-87-04-02 Amending the Non-domestic Substances List

Whereas, under subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, the Minister of the Environment has added the substance referred to in the annexed Order to the Domestic Substances List footnote b;

Therefore, the Minister of the Environment makes the annexed Order 2022-87-04-02 Amending the Non-domestic Substances List under subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a.

Gatineau, June 6, 2022

Steven Guilbeault
Minister of the Environment

Order 2022-87-04-02 Amending the Non-domestic Substances List

Amendment

1 Part I of the Non-domestic Substances List footnote 1 is amended by deleting the following:

Coming into Force

2 This Order comes into force on the day on which Order 2022-87-04-01 Amending the Domestic Substances List comes into force.

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Significant New Activity Notice No. 21064

Significant New Activity Notice

(Section 85 of the Canadian Environmental Protection Act, 1999)

Whereas the Minister of the Environment and the Minister of Health have assessed information in their possession in respect of the substance Alkanoic acid, trialkyl-, mixed polyesters with alkylalkanoic acid and poly(substituted alkyl)alkanepolyol, Confidential Accession Number 19501-9, under section 83 of the Canadian Environmental Protection Act, 1999;

Whereas the substance is not specified on the Domestic Substances List;

And whereas the ministers suspect that a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Act,

Therefore, the Minister of the Environment indicates, pursuant to section 85 of the Canadian Environmental Protection Act, 1999, that subsection 81(4) of that Act applies with respect to the substance in accordance with the Annex.

The Honourable Steven Guilbeault
Minister of the Environment

ANNEX

Information requirements

(Section 85 of the Canadian Environmental Protection Act, 1999)

1. The following definition applies in this notice:

“substance”
means Alkanoic acid, trialkyl-, mixed polyesters with alkylalkanoic acid and poly(substituted alkyl)alkanepolyol, Confidential Accession Number 19501-9.

2. In relation to the substance, a significant new activity is

3. Despite section 2, a use of the substance is not a significant new activity if the substance is used

4. For each proposed significant new activity, the following information must be provided to the Minister at least 90 days before the day on which the activity begins:

5. The studies referred to in paragraph 4(f) must be conducted in accordance with the Principles of Good Laboratory Practice set out in Annex II of the Decision of the Council concerning the Mutual Acceptance of Data in the Assessment of Chemicals, adopted by the OECD on May 12, 1981, that are current at the time the studies are conducted.

6. The information provided under section 4 is to be assessed within 90 days after the day on which it is received by the Minister.

Transitional provisions

7. Despite section 2, in the period between the date of publication of the present notice and July 8, 2023, a significant new activity is

EXPLANATORY NOTE

(This explanatory note is not part of the Significant New Activity Notice.)

Description

This Significant New Activity (SNAc) Notice is a legal instrument adopted by the Minister of the Environment pursuant to section 85 of the Canadian Environmental Protection Act, 1999 (the Act) to apply the SNAc provisions of that Act to the substance Alkanoic acid, trialkyl-, mixed polyesters with alkylalkanoic acid and poly(substituted alkyl)alkanepolyol, Confidential Accession Number 19501-9. The Notice is now in force and it has force of law. It is therefore mandatory for a person who intends to use the substance for a significant new activity as defined in the Notice to meet all the applicable requirements set out in the Notice.

A SNAc Notice does not constitute an endorsement from the Minister of the Environment, the Department of the Environment or the Government of Canada of the substance to which it relates, nor does it constitute an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.

Applicability of the Significant New Activity Notice

The Notice requires that any person (individual or corporation) engaging in a significant new activity in relation to the substance Alkanoic acid, trialkyl-, mixed polyesters with alkylalkanoic acid and poly(substituted alkyl)alkanepolyol, Confidential Accession Number 19501-9, submit a Significant New Activity Notification (SNAN) containing all of the information prescribed in the Notice at least 90 days prior to using the substance for the significant new activity.

In order to address the human toxicity concerns, the Notice requires notification in relation to the use of the substance in the manufacture of a cosmetic, as defined in section 2 of the Food and Drugs Act, in which the substance is present in a concentration that is greater than or equal to 0.1% by weight. The Notice also requires notification in relation to the distribution for sale of the substance in a cosmetic, as defined in section 2 of the Food and Drugs Act, in which the substance is present in a concentration that is greater than or equal to 0.1% by weight.

A SNAN is required 90 days before the use of the substance in a significant new activity.

Activities not subject to the Notice

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

Activities involving the use of the substance as a research and development substance or a site-limited intermediate or an export-only product are excluded from the Notice. The terms “research and development substance” and “site-limited intermediate substance” are defined in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers).

Information to be submitted

The Notice sets out the information that must be provided to the Minister 90 days before the day on which the substance Alkanoic acid, trialkyl-, mixed polyesters with alkylalkanoic acid and poly(substituted alkyl)alkanepolyol, Confidential Accession Number 19501-9, is used for a significant new activity. The Department of the Environment and the Department of Health will use the information submitted in the SNAN to conduct risk assessments within 90 days after the complete information is received.

The assessment of the substance identified potential repeated dose toxicity concerns associated with potential activities involving the use of the substance in cosmetics. The SNAc Notice is issued to gather toxicity information to ensure that the substance will undergo further assessment before significant new activities are undertaken.

The information requirements in the Notice relate to general information in respect of the substance, details surrounding its use, exposure information, and toxicity to human health and the environment. Some of the information requirements reference the New Substances Notification Regulations (Chemicals and Polymers).

Additional guidance on preparing a SNAN can be found in section 1.3 of the Guidelines for the Notification and Testing of New Substances: Chemicals and Polymers.

Transitional provision

A transitional provision is included in the Notice to facilitate compliance by persons who may already have imported or manufactured the substance up to 1 000 kg and started activities with it in concentrations that are greater than or equal to 0.1% by weight in a cosmetic. The Notice comes into force immediately. However, if the substance is used in the manufacture or the distribution for sale of a cosmetic, in a concentration that is greater than or equal to 0.1% by weight, a quantity not exceeding 1 000 kg may be used for the period between the publication of the Notice and July 8, 2023. On July 9, 2023, the threshold will be lowered.

Compliance

When assessing whether or not a substance is subject to SNAc provisions, a person is expected to make use of information in their possession or to which they may reasonably have access. This means information in any of the notifier’s offices worldwide or other locations where the notifier can reasonably have access to the information. For example, manufacturers are expected to have access to their formulations, while importers or users of a substance, mixture, or product are expected to have access to import records, usage information and the relevant Safety Data Sheets (SDSs).

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

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

A company can submit a SNAN on behalf of its clients. For example, in cases where a person takes possession or control of a substance from another person, they may not be required to submit a SNAN, under certain conditions, if their activities were covered by an original SNAN submitted by the person from whom they obtained the substance.

Under section 86 of the Act, any person who transfers the physical possession or control of a substance subject to a SNAc notice must notify all persons to whom the physical possession or control is transferred of the obligation to comply with the notice, including the obligation to notify the Minister of any SNAc and to provide all the required information outlined above.

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

For further information, please contact the Substances Management Information Line (substances@ec.gc.ca [email], 1‑800‑567‑1999 [toll-free in Canada], and 819‑938‑3232 [outside of Canada]).

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

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice of intent to renew the Federal agenda on the reduction of emissions of volatile organic compounds from consumer and commercial products

The Government of Canada intends to take action between 2022 and 2030 to further protect the health of Canadians and their environment from the impacts of air pollution. This will be done by renewing the Federal agenda on the reduction of emissions of volatile organic compounds from consumer and commercial products.

Rationale for action

The Government of Canada intends to move forward with taking action to improve air quality in order to reduce adverse impacts of air pollution on health and the environment. One element of the federal government’s air quality program is to further reduce volatile organic compound (VOC) emissions from consumer and commercial products. Emissions from products are the second-largest VOC emission source in Canada, second only to the oil and gas sector. Products are a key source of VOCs in urban areas, where air quality is more likely to be of concern. Health risks could arise from exposure to some VOCs, as well as the secondary air pollutants (including ground-level ozone and particulate matter) that are formed when VOCs react in the atmosphere.

Instruments put in place by the Government of Canada, such as regulations controlling automotive tailpipe emissions and the VOC content of paints and coatings, have contributed to significant reductions in VOC emissions in Canada and help protect the health of Canadians. However, based on the most recent information (2016 to 2018), further VOC emission reductions are needed to protect the health of Canadians, as approximately one third of the population in Canada lives in areas where at least one Canadian Ambient Air Quality Standard is not met.

Since the publication of a first Federal Agenda targeting consumer and commercial products in 2004, new opportunities to reduce VOC emissions from consumer and commercial products have been identified. For example, in the United States, some jurisdictions have updated their standards for architectural coatings and automotive refinishing products, and have implemented controls for other sources, such as portable fuel containers. Adopting similar controls and standards would benefit Canadians and their environment by reducing VOC emissions.

Planned actions

The Government of Canada intends to proceed with the development of control instruments that further align with requirements implemented in the United States. The planned actions, which will be subject to the instrument development process, including data gathering, cost-benefit analyses and stakeholder consultations, are described below, by activity.

1 — Reducing VOC emissions released by portable fuel containers

The Government of Canada will monitor the state of voluntary implementation, by manufacturers, of the National Standard of Canada entitled Control of evaporative emissions from portable fuel containers. This standard, developed by the Canadian General Standards Board, was published in April 2021. It is based on requirements established in the United States Environmental Protection Agency’s Control of Evaporative Emissions From New and In-Use Portable Fuel Containers rule and California’s Final Regulation Order for Portable Fuel Containers. If portable containers sold into the Canadian market are not widely found to be compliant with the requirements of this standard, the Government of Canada may develop regulations that will translate the National Standard of Canada into law.

2 — Amending current regulations

Architectural coatings

The Government of Canada intends to amend the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations to achieve additional VOC reductions. The updated regulatory requirements would be based on the current VOC concentration limits for coatings included in the Ozone Transport Commission (OTC) Model Rule 2010-11 - Architectural and Industrial Maintenance (AIM) Coatings Phase II, or those included in the 2020 California Air Resources Board Suggested Control Measure for Architectural Coatings (PDF).

Automotive refinishing products

The Government of Canada is currently considering amendments to the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations to address administrative issues identified since the Regulations were published. The Government is also considering aligning the VOC concentration limits included in the Regulations with those in the OTC Model Rule 2011 - Motor Vehicle and Mobile Equipment Non-assembly Line Coating Operations Phase II.

3 — Developing new risk management instruments

Industrial and commercial adhesives and sealants

The Government of Canada intends to develop regulations targeting industrial and commercial adhesives and sealants. The regulatory requirements would be based on the OTC Model Rule 2006 - Adhesives and Sealants. The Government of Canada may also take into consideration some elements of California’s South Coast Air Quality Management District’s Rule 1168 - Adhesive and Sealant Applications (PDF).

Printing

A significant amount of VOC releases from printing are emitted by facilities that print on plastic packaging. Most of the large facilities that print on this medium do not currently have add-on controls to reduce VOC emissions. By targeting this printing activity, the focus is put where it will have the most impact. As such, the Government of Canada intends to develop and implement a non-regulatory risk management instrument targeting printing on plastic packaging. The instrument type will be determined following further analysis and consultations with industry.

Other activities

Within the same time period of 2022 to 2030, the Government of Canada will also carry out activities to support the Federal Agenda, and prepare for the development of instruments post 2030, if deemed to be required upon further analysis.

In recognition of an integrated North America market place and to allow for innovative reformulation of products, the Government of Canada will update, on an as-needed basis, the VOC definition found in CEPA Schedule I, to align with the United States Environmental Protection Agency definition published in the Code of Federal Regulations Part 51.100.

The federal government will also conduct studies and gather additional information to evaluate potential emission reduction opportunities for the following sectors:

Timelines

The activities described above will be carried out according to the following schedule.

Figure 1: Implementation schedule

Figure 1: Implementation schedule  – Text version below the image

Figure 1: Implementation schedule - Text version

Proposed activities and their implementation schedule are provided in Figure 1. Amending the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations, which will begin in 2022 and be completed by the end of 2025. Reviewing and possibly amending the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations, starting in 2023 and ending by the end of 2026. Developing regulations for industrial and commercial adhesives and sealants beginning in 2025 and ending by the end of 2028. Measuring the performance of the National Standard for the Control of evaporative emissions from portable fuel containers and possibly developing regulations, which will begin in 2026 and be completed by the end of 2029. Developing a non-regulatory control instrument for printing on plastic packaging, which will begin in 2028 and be completed by the end of 2030. Evaluating additional emission reduction opportunities for various products and activities, which will occur between 2022 and 2030.

Consultation

Engagement is an important step to advance the Government of Canada’s efforts to reduce air pollution. Stakeholders and interested parties will have multiple opportunities to provide input to help inform the federal government’s actions towards further reducing VOC emissions related to consumer and commercial products.

Contact information

Stakeholders and interested parties are invited to submit relevant information or indicate their interest in being engaged in future discussions by emailing Produits-Products@ec.gc.ca.

Cécile Siewe
Director General
Industrial Sectors and Chemicals Directorate
Environment and Climate Change Canada

Greg Carreau
Director General
Safe Environments Directorate
Health Canada

ANNEX

Background

VOCs contribute to the formation of both particulate matter (PM) and ground-level ozone, which are the two main components of smog. In 2013, the Government of Canada published the Canadian Smog Science Assessment, a comprehensive review of the state of smog science in Canada, considering the atmospheric, human health and ecosystem health. The 2013 assessment’s second volume (PDF) focussed on the health effects of fine particulate matter (PM2.5) and ground-level ozone.

The assessment concluded that PM2.5 was causally associated with a number of adverse cardiorespiratory outcomes ranging from respiratory symptoms up to and including premature mortality. Those with pre-existing respiratory and cardiac conditions are more at risk of experiencing adverse health effects from exposure. More importantly, long-term exposure to PM2.5 increases the risk of various adverse health outcomes, such as cardiovascular morbidity and mortality.

The assessment for ground-level ozone concluded that acute ozone exposure had a causal relationship with respiratory outcomes (e.g. increases in respiratory symptoms, airway injury and respiratory-related hospitalization), a likely causal relationship with total non-accidental and cardiopulmonary mortality, and was suggestive of a causal relationship with cardiovascular health outcomes.

Ozone also has a detrimental impact on the environment. Ground-level ozone can damage leaves, reduce photosynthesis and impair the reproduction of plants, which can reduce the variety of plants in an ecosystem and decrease agricultural crop yields.

According to Canada’s Air Pollutant Emissions Inventory Report (PDF) [APEI] , emissions of VOCs were 1.7 million tonnes in 2019. The largest contributor to these emissions was the oil and gas sector with 39% of the total emissions. Consumer and commercial products (referred to as paints and solvents in the APEI) are the second-largest source of VOCs in Canada with 18% of total emissions.

The paints and solvents category is comprised of a wide array of disparate sectors and sources. These include commercial processes, such as printing and degreasing, and various consumer and commercial products, which emit VOCs through their use. While individual products emit only small amounts of VOCs, collectively they contribute significantly to overall VOC emissions.

Existing risk management instruments and other activities targeting VOC emissions from consumer and commercial products

Prior to 2004, no federal instruments were in place requiring reductions from consumer and commercial products. However, some industrial product emissions that occur during manufacturing activities, such as auto parts coating, were already subject to mandatory provincial requirements through facilities’ operating permits. Some of the provincial requirements are supported by codes of practice or guideline documents developed through the Canadian Council of Ministers of the Environment.

In 2004, to manage VOC emissions from non-industrial solvents, the Minister of the Environment and the Minister of Health published a notice of intent entitled Federal agenda on the reduction of emissions of volatile organic compounds from consumer and commercial products (PDF) (B) in the Canada Gazette, Part I. This document outlined a series of control instruments to be developed and implemented between 2004 and 2010 to reduce VOC emissions from consumer and commercial products.

A wide range of products used by consumers, or in institutional or commercial applications were the focus of the original Federal Agenda. Coatings were addressed in 2009 by publishing the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations and the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations. These regulations have contributed to a reduction of about 40% of VOC emissions from these products, when comparing pre-regulatory and current emission levels.

In addition, approximately 130 categories and subcategories of consumer products were addressed in 2022 through the Volatile Organic Compound Concentration Limits for Certain Products Regulations.

After the original Federal Agenda expired, the Government of Canada continued work to reduce VOC emissions from consumer and commercial products by publishing, in 2017, the Code of Practice for the Reduction of Volatile Organic Compound (VOC) Emissions from Cutback and Emulsified Asphalt. In addition, in June 2016, in an Order amending Schedule 1 of CEPA, the definition of VOCs was amended to exclude 16 substances that do not contribute significantly to the formation of ground-level ozone. This amendment brought CEPA’s VOC definition closer in line with other U.S. jurisdictions.

In 2020, the Canadian General Standards Board, at the request of Environment and Climate Change Canada, started the development of a National Standard of Canada entitled Control of evaporative emissions from portable fuel containers. This voluntary national standard, published in April 2021, is expected to drive the Canadian market towards lower VOC-emitting portable fuel containers.

In March 2021, the Government of Canada initiated consultations on the Federal Agenda renewal by publishing a discussion paper. The discussion paper was provided to a variety of stakeholders, and they were invited to submit their views. Further, the Government of Canada offered to meet stakeholders on a bilateral basis, and some meetings were arranged at the request of industry associations. Comments received during this consultation period were considered in drafting this notice of intent.

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 66

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 66 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 c and 4.9footnote d, paragraphs 7.6(1)(a)footnote e and (b)footnote f and section 7.7footnote g of the Aeronautics Act footnote h;

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

Therefore, the Minister of Transport makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 66 under subsection 6.41(1)footnote i of the Aeronautics Actfootnote h.

Ottawa, June 27, 2022

Omar Alghabra
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 66

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
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

Quarantine plan and vaccination

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, where applicable, they are required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, their quarantine plan and information related to their COVID-19 vaccination, or, if the person is not required under that order to provide their plan and information, their contact information, using the ArriveCAN application or website. 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.

ArriveCAN — verification

3 (1) At the request of the Minister, a private operator or air carrier operating a flight referred to in section 2 must verify, before a person boards the aircraft, whether the person has provided evidence that they have submitted the information required by the ArriveCAN application or website.

ArriveCAN — information

(2) Before boarding the aircraft, the person must provide to the private operator or air carrier operating the flight evidence that they have submitted the information required by the ArriveCAN application or website.

Exception

(3) Subsection (2) does not apply to a person who is not required under an order made under section 58 of the Quarantine Act to submit the information by electronic means.

ArriveCAN — evidence

(4) For the purposes of subsections (1) and (2), an ArriveCAN receipt that contains a six-character code or QR code is evidence that the information has been submitted.

Records

(5) If a person does not comply with subsection (2), the private operator or air carrier must

Retention period

(6) 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

(7) The private operator or air carrier must make the record available to the Minister on request.

Copy of record

4 A private operator or air carrier must provide a copy of the record referred to in subsection 3(5) to the Public Health Agency of Canada within one hour after the flight’s departure.

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 13 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 13 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.

[12 reserved]

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. 65, made on June 14, 2022, is repealed.

SCHEDULE

(Subsections 34(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)
Individual Corporation
Section 2 5,000 25,000
Subsection 3(1) 5,000 25,000
Subsection 3(2) 5,000  
Subsection 3(5) 5,000 25,000
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
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  
Member Canadian Cultural Property Export Review Board  
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  
Member Canadian Human Rights Commission  
Trustee Canadian Museum for Human Rights  
Director Canadian Museum of History  
Chairperson Canadian Museum of Nature  
Chairperson Canadian Radio-television and Telecommunications Commission  
Vice-Chairperson Canadian Radio-television and Telecommunications Commission  
Special Representative on Combatting Islamophobia Department of Canadian Heritage  
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  
Chairperson National Arts Centre Corporation  
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  
Member Pacific Pilotage Authority  
Chairperson Patented Medicine Prices Review Board  
Member Payments in Lieu of Taxes Dispute Advisory Panel  
Chairperson Royal Canadian Mounted Police Management Advisory Board  
Member Royal Canadian Mounted Police Management Advisory Board  
Vice-Chairperson Royal Canadian Mounted Police Management Advisory Board  
Deputy Registrar Supreme Court of Canada  
Executive Director Telefilm Canada  

TREASURY BOARD SECRETARIAT

PUBLIC SERVICE SUPERANNUATION REGULATIONS
CANADIAN FORCES SUPERANNUATION REGULATIONS
ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION REGULATIONS

Revised quarterly rates

In accordance with subsection 46(3) of the Public Service Superannuation Regulations, subsection 36(3) of the Canadian Forces Superannuation Regulations and subsection 30(3) of the Royal Canadian Mounted Police Superannuation Regulations, the quarterly rates used for calculating interest for the purpose of subsection (1) of each of the corresponding sections are as follows:

As of:

March 31, 2021
0.8371%
June 30, 2021
0.8276%
September 30, 2021
0.8214%
December 31, 2021
0.8154%

Mona Fortier
President