Appearance at TRAN: Supplemental Mandate Letter and on the pre-entry testing requirements

COVID-19 SUMMARY TABLE OF CURRENT MEASURES/GUIDANCE

  MANDATORY GUIDANCE

AVIATION

Interim Order No. 20 (came into force on February 1, 2021):

  • Air operator notification to passengers traveling to Canada that they may be prohibited from entering the country under an emergency order made under the Quarantine Act;
  • Air operator notification to passengers traveling to Canada of the mandatory requirement to submit COVID-related information digitally through the ArriveCAN app prior to boarding their flight to Canada, or be subject to fines;
  • Air operators must not permit a foreign national to board an aircraft to Canada in accordance with the PHAC Orders-in-Council restrictions and exceptions;
  • The compulsory wearing of non-medical masks for all passengers aged six and above during security screening, and while boarding, deplaning and on board the aircraft, with the requirement that adults accompanying young children aged between two and five ensure that a mask be available for them should they be able to tolerate wearing a mask.
  • Mandatory health checks for travellers; and
  • Air operators must verify that all passengers, age 5 or older, travelling to Canada from an international destination present, prior to boarding their flight, a negative molecular COVID test result, performed on specimen collected no more than 72 hours before the aircraft’s initial scheduled departure time
  • Temperature screening of all passengers flying to Canada, as well as temperature screening for all passengers departing from the 15 busiest airports in Canada. Non-passengers entering restricted areas at these airports are also subject to temperature screening.
  • Air Carriers must verify that all passengers 5 years or older have proof of a COVID-19 molecular test result (such as: PCR or RT-LAMP test) prior to boarding an international flight bound for Canada, unless excepted from doing so per PHAC’s Quarantine, Isolation and other Obligation Order. There are two test results, within defined testing windows, that will be accepted: (1) Negative – a test result that is negative, that was administered within 72 hours, or no more than any other period set out under the Aeronautics Act,  before the traveller’s scheduled departure to Canada, or (2) Positive – a test result that is positive that was administered at least 14 days but no more than 90 days from the passenger’s scheduled departure to Canada (i.e. passenger previously had COVID-19, has since recovered and has no symptoms). Air Carriers must also ensure that the COVID-19 test results meet the parameters outlined within the QIOO and the Interim Order.
  • Announced on 29 January 2021: All air travellers arriving in Canada, with limited exceptions, will be required to take a COVID-19 molecular test on arrival at their own expense.
  • Travellers will also be required to reserve and stay in a Government of Canada-approved hotel for three nights, also at their own cost, while they await the results of the COVID-19 molecular test they took on arrival.
  • To limit possible exposure of COVID-19 to others, the Government of Canada is also introducing more stringent criteria for suitable quarantine plans.
  • On January 29, 2021, the Government of Canada announced that it would be expanding the existing international flight restrictions, which funnel international passenger arrivals into four Canadian airports: Montreal-Pierre Elliott Trudeau International Airport (Montreal), Toronto Pearson International Airport, Calgary International Airport, and Vancouver International Airport.
  • The new restrictions include all flights arriving from the United States and flights from sun destinations, which were exempted from the previous restriction. Flights from Saint-Pierre-et-Miquelon remain exempt. These flight restrictions came into effect on February 3, 2021 and essentially prohibit all international passenger flights from landing in Canada outside of the four named airports.

TC continually updates COVID-19 domestic, transborder and international guidance materials for air operators to provide guidance for air operators regarding the implementation of requirements included in the latest Interim Order, and to include guidance from the Public Health Agency of Canada (PHAC) and relevant elements of the PHAC Emergency Orders (Prohibition of Entry from the U.S., Non-U.S., and Quarantine, Isolation and Other Obligations (QIOO)).

The guidance material on COVID-19 testing obligations has been updated to account for the most recent amendments made to Transport Canada’s Interim Order (No.20), which includes: (1) removing Schedule 1 and corresponding the exception for passengers travelling from Haiti; and (2) a new provision to allow air carriers to accept a positive COVID-19 molecular test result that was performed on a specimen that was collected at least 14 days and no more than 90 days before the scheduled flight to Canada, in order to align with recent changes made to the Public Health Agency of Canada’s new QIOO made pursuant to section 58 of the Quarantine Act.

Furthermore, additional guidance remains in place to account for exemptions previously issued by Transport Canada as a result of recent amendments made to PHAC’s new QIOO. These include an exemption: (1) from the requirement to present a COVID-19 molecular test prior to boarding for inadmissible people (Canadians, Permanent Residents or Indians per the Indian Act only) who are denied entry to a country or territory and must subsequently board an aircraft destined to Canada; and (2) to allow for age to be accepted instead of a date of birth on COVID-19 molecular test results.

The following remains in place, as was noted in previous updates made since December 2020: (1) the new requirement for all passengers to present evidence of an acceptable molecular COVID-19 test result (such as PCR or RT-LAMP test), to the air carrier in order to board their flight to Canada; (2) exceptions (per the QIOO) for children who are four years or age or younger, as well as crew members, emergency law enforcement or border personnel, transiting passengers and individuals or groups that are deemed necessary to Canada’s COVID-19 efforts under the discretion of Canada’s Chief Public Health Officer; (3) reporting requirements for air carriers to the Minister of Transport, in regards to fraudulent molecular COVID-19 test results; (4) minor changes to streamline the reference of Orders made pursuant to section 58 of the Quarantine Act. (5) once-per-day temperature screening for crew members; (6) allowing air carriers to direct passengers to wear a face mask during flight; (7) requiring air carriers to demonstrate that if relying on an authorized person to conduct temperature screening, they must demonstrate that the authorized person’s equipment meets the requirements outlined in Section 3 of the Transport Canada Temperature Screening Standards; (8) retention periods for information and data collected; and, (9) updating the notification requirement around ArriveCAN to indicate that if a passenger fails to comply they may face a fine.

The guidance material also contains information on: facemask provisions around eating/drinking while in flight; international single sporting events/amateur sports; individuals traveling for unification with their partner; entry into Canada for compassionate reasons; reunification with extended family; entry to international students; and flights departing from Canadian airports, during check-in procedures at transborder (U.S.) airports, and at international airports.

On August 14, 2020, Canada’s Flight Plan for Navigating COVID-19 was announced. It lays the foundation for Canada’s current and future efforts to reduce the public health risks of COVID-19 while travelling by aircraft. Canada’s flight Plan aligns with ICAO’s Council Aviation Recovery Taskforce (CART)’s recommendations and Take-Off guidance.

Transport Canada continues to issue COVID related exemptions (i.e., over 130 since the start of the pandemic) to provide regulatory relief to Canada’s aviation industry during the pandemic.

MARINE

Interim Order (as of November 1, 2020):

  • Cruise ships with overnight accommodations certified to carry more than 100 people continue to be prohibited from operating in Canadian waters until February 28, 2021.
  • All other passenger vessels must continue following provincial, territorial, local and regional health authority guidance.
  • Passenger vessels certified to carry more than 12 people continue to be prohibited from entering Arctic coastal waters, including Nunatsiavut, Nunavik and the Labrador Coast until February 28, 2021.
  • Adventure-seeking pleasure craft also continue to be banned in Arctic waters until February 28, 2021.
  • Ferry vessels must operate at not more than 50 percent of the maximum number of passengers that it is certified to carry, or its’ authorized representative must implement additional mitigation measures to reduce transmission risks of COVID-19.

Interim Orders 3 and 5 (as of March 1, 2021)

  • Cruise ships with overnight accommodations certified to carry more than 100 people continue to be prohibited from operating in Canadian waters until February 28, 2022.
  • Passenger-free cruise ships are allowed to apply to Transport Canada for exemptions to come to Canada for technical stops, fuel-ups, lay-ups, and planned crew change provided that certain prerequisites are met.
  • Passenger vessels certified to carry more than 12 people continue to be prohibited from entering Arctic coastal waters, including Nunatsiavut, Nunavik and the Labrador Coast until February 28, 2022.
  • All other passenger vessels must continue following provincial, territorial, local and regional health authority guidance
  • Adventure-seeking pleasure craft also continue to be banned in Arctic waters until February 28, 2022.
  • Pleasure craft used by local Arctic residents are not affected by these measures.
  • Ferry vessels must operate at not more than 50 percent of the maximum number of passengers that it is certified to carry, or its’ authorized representative must implement additional mitigation measures to reduce transmission risks of COVID-19.

COVID-19 Guidance Material for Essential Passenger Vessel and Ferry Operators, including notifying passengers before boarding that they may be subject to a health check and requiring that passengers use a face covering to cover their mouth/nose.

Issued guidance recommending that all workers in the marine transportation sector have in their possession a face covering, and recommend that face coverings be worn using a risk-based approach specific to the unique circumstances of the workplace, when physical distancing cannot be maintained, and/or when local authorities require it.

The current Interim Order prohibiting cruise ships until February 28, 2021 contains exemption provisions.

Although generally prohibited, cruise operators can apply for an exemption to come to Canada under the following prerequisites:

  • For Canada to comply with its international obligations;
  • For the purposes of repair of vessels; and
  • If the exemption is necessary to allow for viable, effective and economical marine transportation and commerce, or that it is not practical, under the circumstances, for the vessel to comply with the prohibition or restriction.

With the exception of the prerequisite of complying with international obligations, other cruise vessels can only be considered for exemption by Transport Canada if they are carrying no passengers.

Transport Canada is working closely with the Public Health Agency of Canada to enhance the exemption process whereby cruise vessels carrying no passengers can request to come to Canada in order to address technical needs.

Controlled shore leave is promoted for asymptomatic, presumed non-COVID-19 carrying seafarers onboard foreign vessels for a period of four hours at a shore-based welfare facility located either on marine facility grounds or in a nearby location, or at a designated area on marine facility grounds if such an area has been identified for that purpose, or at a medical facility, a pharmacy or a store containing a pharmacy. Crew onboard Canadian domestic vessels should follow the advice of their employer, the Public Health Agency of Canada, and local health officials.

ROADS

A Targeted Essential Freight Transport Exemption Template has been developed to support case-by-case exemptions related to COVID-19 under the Commercial Vehicle Drivers Hours of Service Regulations.

Guidance documents and tools to help limit the spread of COVID-19 in road transportation, including as it relates to commercial vehicle operations and school bus safety, the use of personal protective equipment in the sector, considerations relating to the use of face coverings by commercial vehicle drivers, and motor carrier and intercommunity bus passengers, as well as joint guidance from TC and the CSA D250 School Bus Technical Committee in support of those considering the installation of a driver shield or enclosure system to protect against COVID-19 exposure.

A template employment confirmation letter for the trucking/automotive industry was developed to support the movement of essential road transportation workers within and across borders. Guidance and tools are reviewed and updated to ensure alignment with public health guidance.

Actively supporting the PHAC-Alberta International COVID-19 Border Testing Pilot Program, including input on pilot parameters, road transportation industry linkages and stakeholder engagement to roll out an exempt traveller/essential worker stream for the Alberta pilot (e.g. commercial truck drivers). Launched on November 2, 2020, the pilot program will run for up to 26 weeks or until 52,000 participants have enrolled.

TC is supporting CBSA and PHAC in the implementation of new land border measures to reduce the risk of importation and transmission of COVID-19 and new variants of the virus related to international travel.

RAIL

Ministerial Order (as of February 1st 2021 until March 31st 2021):

  • requiring health checks for passengers on inter-city passenger rail.

Temporary exemption to the Railway Employee Qualification Standards Regulations.

  • This measure is intended to relieve railway personnel from renewing their training/qualification requirements, in order to help prevent the spread of COVID-19 through in-class room activities. Efforts are underway by industry to shift toward online training.
  • This measure will be reconsidered on a monthly basis, in consultation with industry/labour.

Issued guidance requiring rail operators to:

  • notify passengers that they will be asked to wear a face covering when physical distancing of two metres from others cannot be maintained, or as requested by rail operators;
  • provide or make accessible a face covering to all workers in the rail industry; and
  • ensure a face covering be worn by workers on a risk-based approach specific to the unique circumstances of the workplace, when physical distancing cannot be maintained, and/or when local authorities require it.

Letter templates were also developed to allow essential service railway employees free movement both within and across P/Ts.

TDG

13 temporary certificates were issued to address various matters regarding the transportation of dangerous goods (TDG) including:

  • extending the validity period of certain certificates;
  • providing exemptions for anyone offering the handling or transporting of hand sanitizer from the requirements of the TDG Regulations; 
  • providing Canada Post Corporation authorization for shipping hand sanitizer by air
  • extending temporary regulatory relief for air carriers to provide hand sanitizer shipments by air to communities across Canada;
  • facilitating transport and packaging of test samples for COVID-19 ;
  • facilitating transport of repackaged hand sanitizer, by passenger aircraft to remote locations not accessible by road;
  • allowing air carriers to contribute to the pressing need to provide sterilizing chemicals to remote community hospitals;
  • extending temporary relief from certain requirements to road carriers to enable the provision of necessary services (fuel oil for household heating, gasoline for vehicles, and aviation fuel to local airports) to northern communities in Nunavut;
  • extending temporary relief from certain TDG requirements to the propane delivery industry, enabling them to provide necessary services to residential homes, businesses, and farms that use propane as a source of fuel for heating, cooking appliances, and to operate certain types of machinery; and
  • allowing air carriers to contribute to the pressing need to provide COVID-19 vaccines to remote community hospitals.

The TDG Directorate has issued guidance to its inspectorate on conducting remote oversight activities as a result of the COVID-19 pandemic. The guidance material includes information on:

  • Ways in which companies may be contacted and by whom;
  • Flexibility in scheduling the remote oversight activity;
  • Information requested during a remote oversight activity vs an on-site inspection;
  • The timeframe between initial contact and when the remote oversight activity is completed; and
  • Keeping copies of shipping documents and training records.
FUNDING RELIEF MEASURES
  • In April 2020, funding of up to $17.3 million was provided to territorial governments to support northern air carriers in providing essential goods and services to remote fly-in communities. In August 2020, the Government announced further funding of up to $174M, over 18 months if necessary, to ensure continuity of essential air access to remote communities continues through the development of bilateral agreements with provinces and territories.
  • On October 9th, the Government of Canada announced a new investment of $33.4 million for the construction of a multipurpose facility in the Port of Trois-Rivières to help improve traffic flow, develop a platform for efficient transfer of goods between road, rail, and maritime modes, and create 630 construction jobs to contribute to economic recovery from the effects of the COVID-19 pandemic.
  • The Government of Canada approved up to $2.6 million, under the Public Health Events of National Concern Payments Act, to enable The Federal Bridge Corporation Limited to ensure the continued safe operation of the Seaway International Bridge in Cornwall, Ontario in 2020-21. This funding was required because the cross-border travel restrictions related to COVID-19 created a sudden and significant drop in crossings at the Seaway International Bridge, which relies on the collection of tolls to pay for operations. This bridge is a particularly important connection for members of the Mohawks of Akwesasne community who live on Cornwall Island (population of ~10,000) and who use the bridge to access the rest of their community, including essential services.