COVID-19 measures, updates, and guidance issued by Transport Canada

Legal Authority of Collection

For specified classes of individuals subject to the applicable Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19 (Interim Order), Transport Canada may collect personal information in the course of an inspection or audit pursuant to sections 8.7 and 8.8 of the Aeronautics Act. The authority to issue Interim Orders is pursuant to sections 4.71 and 6.41 of this Act.

Class of Individuals:

Air passengers departing from airports in Canada, crew members, employees working in restricted areas (who are not boarding flights), aerodrome operators, and employees of federally-regulated transportation companies, or any class of individual listed in the applicable Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19.

Description of Personal Information and Purpose of Collection:

Transport Canada may collect personal information for the purposes of monitoring and auditing compliance with Interim Orders and related enforcement activities, for example, during instances of non-compliance by those subject to the applicable the Interim Order requirements.

To comply with the Interim Order requirements, air carriers and federally-regulated operators and screening authorities will document when an individual is denied boarding or denied entry into the restricted area of the airport based on the Interim Order requirements and notify Transport Canada of such incidents. Furthermore, as required under the Interim Order, if an air carrier or the screening authority has reason to believe that a person has provided a confirmation or evidence related to the Interim Order that is likely to be false or misleading, they must notify Transport Canada and provide information to Transport Canada if requested. To follow-up on these reports, Transport Canada may request a copy of the record under its oversight and compliance program as outlined in the Aeronautics Act and the applicable Interim Order.

The information to be provided to Transport Canada, at the time of notification or upon request, may include personal information, such as, but not limited to:

1. name
2. home address
3. telephone number
4. email address
5. flight date, number and carrier
6. number/identifier of the document of entitlement (for access to restricted areas)
7. the reason why the person was denied permission to board, or denied entry/access
8. information related to the person’s proof of vaccination credential
   • This could include information related to the person’s vaccination status
9. information related to the person’s exemption or exemption request
   • This could include information related to the person’s vaccination status, religious belief, occupation or work, and/or medical information.
   • This could include information such as name and contact information of the person’s medical doctor or nurse practitioner
10. other, as deemed necessary.

Consistent Uses and Disclosures:

Transport Canada may use this personal information to monitor, assess and enforce regulations, including, in certain cases, to impose monetary penalties, to protect public safety under the Aeronautics Act and its applicable Interim Orders. This personal information may be disclosed to other federal institutions where authorized by law.

Personal information may also be used in depersonalized reports for monitoring and statistical purposes as well as various related administrative functions.

Retention and Disposal Standards:

All documentation and personal information provided in this context and for the purposes of audit and enforcement by Transport Canada will be retained for a period which will be determined and communicated on this page when available.

Personal Information Bank “Aviation Enforcement”:

In accordance with the provisions of the Privacy Act, the personal information collected is described in Personal Information Bank (PIB) entitled “Aviation Enforcement”, Transport Canada PPU 015. The full text of this PIB is currently being modified to include the activities mentioned above. The modified PIB will be published in Transport Canada’s chapter of the TBS Info Source publication, which is available at https://tc.canada.ca/en/info-source or by contacting Transport Canada’s ATIP Office at atip-aiprp@tc.gc.ca.

Legal Authority for Collection

Transport Canada may collect personal information pursuant to section 32.01 of the Railway Safety Act and its applicable Ministerial Orders in the course of inspection and enforcement.

Class of Individuals:

Rail passengers on VIA Rail, AMTRAK, and Rocky Mountaineer trains, as well as employees of federally-regulated railway companies who have been identified in the course of inspection or enforcement of the requirements under the applicable Ministerial Order.

Description of Personal Information and Purpose of Collection

Transport Canada may collect personal information for the purposes of inspection and enforcement activities to verify compliance with the Railway Safety Act and its applicable Ministerial Orders. Furthermore, as required under Ministerial Orders, if a railway company has reason to believe that a person has provided a confirmation or evidence that is likely to be false or misleading, they must notify and may provide information to Transport Canada, if requested.

The information to be provided to Transport Canada, at the time of notification or upon request, may include personal information, such as, but not limited to:

1. name
2. home address
3. telephone number
4. email address
5. date, travel code, and carrier
6. the reason why the person was denied permission to board
7. information related to the person’s proof of vaccination credential
   • This could include information related to the person’s vaccination status
8. information related to the person’s exemption or exemption request
   • This could include information related to the person’s vaccination status, religious belief, occupation or work, and/or medical information.
   • This could include information such as name and contact information of the person’s medical doctor or nurse practitioner
9. other, as deemed necessary.

Consistent Uses and Disclosures:

Transport Canada may use personal information to monitor, assess and enforce regulations to protect public safety under the Rail Safety Act and its applicable Ministerial Orders. This personal information may be disclosed to other federal institutions where authorized by law.

Personal information may also be used in depersonalized reports for monitoring and statistical purposes as well as various related administrative functions.

Retention and Disposal:

All documentation and personal information provided in this context and for the purposes of audit and enforcement by Transport Canada will be retained for a period which will be determined and communicated on this page when available.

Personal Information Bank

The collection, use, and disclosure of personal information will be further described in a personal information bank which is currently under development.

Legal Authority for Collection

Transport Canada may collect personal information pursuant to the applicable Interim Order Respecting Passenger Vessel Restrictions due to the Coronavirus Disease 2019 (COVID-19), made pursuant to the Canada Shipping Act, 2001, and the authority of inspectors under section 211 of the Act.

Class of Individuals:

Marine passengers on non-essential passenger vessels, such as cruise ships, on voyages of more than 24 hours, and other classes of individuals who have been identified as relevant for data collection related to inspections and/or other enforcement actions related to the requirements under the Interim Order.

Description of Personal Information and Purpose of Collection:

Transport Canada may collect personal information for the purposes of audit and enforcement activities to comply with the Canada Shipping Act, 2001 and its applicable Interim Orders. Furthermore, as required under Ministerial Orders, if a federally-regulated company has reason to believe that a person has provided a confirmation or evidence that is likely to be false or misleading, they must notify and may provide information to Transport Canada, if requested.

The information to be provided to Transport Canada, at the time of notification or upon request, may include personal information, such as, but not limited to:

1. name
2. home address
3. telephone number
4. email address
5. date and trip details, vessel name
6. the reason why the person was denied permission to board
7. information related to the person’s proof of vaccination credential
   • This could include information related to the person’s vaccination status
8. information related to the person’s exemption or exemption request
   • This could include information related to the person’s vaccination status, religious belief, occupation or work, and/or medical information.
   • This could include information such as name and contact information of the person’s medical doctor or nurse practitioner
9. other, as deemed necessary.

Consistent Uses and Disclosures:

Transport Canada may use personal information to monitor, assess and enforce regulations to protect public safety under the Canada Shipping Act, 2001 and its applicable Interim Orders. This personal information may be disclosed to other federal institutions where authorized by law.

Personal information may also be used in depersonalized reports for monitoring and statistical purposes as well as various related administrative functions.

Retention and Disposal:

All documentation and personal information provided in this context and for the purposes of audit and enforcement by Transport Canada will be retained for a period which will be determined and communicated on this page when available.

Personal Information Bank: “Marine Safety Enforcement Program”

The collection, use, and disclosure of personal information will be further described in the Personal Information Bank entitled “Marine Safety Enforcement Program”, Transport Canada PPU 021. The full text of this PIB is currently being modified to include the activities mentioned above. The modified PIB will be published in Transport Canada’s chapter of the TBS Info Source publication, which is available at https://tc.canada.ca/en/info-source or by contacting Transport Canada’s ATIP Office at atip-aiprp@tc.gc.ca.

Legal Authority for Collection

Transport Canada may collect personal information pursuant to the applicable legislation, under the Aeronautics Act, Railway Safety Act or Canada Shipping Act, 2001, and it will only be used and disclosed by Transport Canada in accordance with the Privacy Act and its regulations.

Class of Individuals:

Persons seeking to travel by air, rail, or marine mode, and subject to requirements as ‘passengers’ in the relevant Interim or Ministerial Order.

Description of Personal Information and Purpose of Collection:

Transport Canada may collect personal information for the purposes of approving or denying requests for exemption from the requirement for mandatory full vaccination under the applicable Interim or Ministerial Orders where the purpose for the travel is exceptional, and considered to be in the national interest.

The information to be provided to Transport Canada by the traveller (or acting party) for consideration under the National Interest Exemption process may include personal information, such as, but not limited to:

1. name
2. home address
3. telephone number
4. email address
5. date of birth
6. name of associated organization/employer
7. reason for exemption: in a clinical trial for COVID vaccines, critical infrastructure needs, other national interest – and brief description
8. trip details (e.g. departure date and city, destination, mode of travel)
9. other, as deemed necessary (e.g. amplifying information related to purpose of travel to determine if it meets criteria of national interest).

Personal information collected in this form may be used by Transport Canada for the following purposes:

• determine the qualification of the applicant identified on the form for temporary exemption to the mandatory requirement for vaccination for exceptional travel in the national interest;
• contact the individual in the event that Transport Canada requires clarification, additional information, and/or to address requests for modification;
• communicate the approval or denial to the applicant;
• for public health follow-up (including disclosure of specified information for this purpose to the organization and/or site(s) specific to the applicant’s exemption); and/or,
• for program evaluation and aggregate statistics.

Consistent Uses and Disclosures:

Transport Canada may collect and use personal information to monitor, assess, and enforce regulations to protect public safety under the Aeronautics Act, Railway Safety Act or Canada Shipping Act, 2001 and its applicable Interim or Ministerial Orders. This personal information may be disclosed to other federal institutions where necessary to render a decision or where authorized by law.

Personal information may also be used in depersonalized reports for monitoring and statistical purposes as well as various related administrative functions.

In other limited and specific circumstances, personal information may be used and/or disclosed without consent in accordance with section 7 and subsection 8(2) of the Privacy Act.

All documentation and personal information provided in this context and for the purposes of receiving an exemption will be retained for a minimum of three years following its last administrative use.

Personal Information Bank

The personal information provided to Transport Canada is governed in accordance with the Privacy Act and its regulations and is requested as part of the Government of Canada's response to the COVID-19 pandemic.

Personal information collected, as well as its use, disclosure, and retention, is typically described in a Personal Information Bank published on Transport Canada’s Info Source page (https://tc.canada.ca/en/info-source). At this time, the relevant Personal Information Bank is under development or may not yet reflect this activity.