Federal Vaccination Mandate – Guidance for Air Operators in Managing Travellers Departing from a Canadian Airport

This guidance material is intended to provide recommendations and guidance on the operationalization of Transport Canada’s Interim Order, Interim Order Respecting Certain Requirements for Civil Aviation due to COVID-19, No 44.

On this page

• Section 1 – General
• Section 2 – Summary Operational Models – Phase 1
• Section 3 – Obligations of Air Operators
• Section 4 – Exceptions/Accommodations to the Federal Vaccination Mandate
• Section 5 – Air Operator assistance
• Annex A – List of Specified Airports in Canada
• Annex B – Sample Email to Travellers
• Annex C – Sample Confirmation Template
• Annex D – Air Carrier Reporting Requirements
• Annex E – Sample Letter to Traveller
• Annex F – Template Letter for Foreign Crew

Overview

This guidance material, dated November 12, 2021, replaces the November 5, 2021 version and addresses the specific air traveller requirements related to the Federal Vaccination Mandate.

Section 1 – General

Purpose

The purpose of this guidance document is to outline the requirements under the Transport Canada Interim Order related to Phase 1 of the federal vaccination mandate as it pertains to the management of air travellers. These provisions are expected to come into force on October 30 at 03:01 EDT. Advice, guidance, and sample templates are included to support air operators in the implementation of this part of the federal vaccination mandate as applicable. The information in this document concerns travellers departing a Canadian airport (domestic, transborder or international flight). The requirements for inbound international travellers under the Transport Canada Interim Order are not expected to change; note that entry eligibility, pre-departure testing, digital submission, and other border conditions must continue in accordance with Public Health Agency of Canada’s Orders in Council.

This document complements the other guidance material that has been prepared to accompany the COVID-19 response measures. These are available here: COVID-19 measures, updates, and guidance for aviation issued by Transport Canada.

With respect to Phase 2 (expected to come into force beginning on November 30, 2021), further guidance will be provided shortly.

What is the Federal Vaccination Mandate?

The pandemic has had a devastating impact on Canada’s transportation sector, and public health measures have been critical to combatting the spread of the virus. However, additional measures are needed to ensure the safety and security of Canada’s transportation system and facilitate the resumption of safe travel. A requirement for travellers and crew to be vaccinated in federally regulated air, rail, and marine sectors enhances the safety of the Canadian aviation system, and builds Canadians’ confidence to resume travel, while still adhering to public health measures.

Application: Which travellers fall under the Federal Vaccination Mandate?

The Federal Vaccine mandate applies to all of the following travellers:

• All travellers 12 years and 4 months of age and older*, boarding any flight from a specified airport (Annex A) in Canada;

  and

• All travellers flying on a commercial passenger aircraft (CAR Subparts 701 (outbound), 703, 704 and 705) operated as per the above, including both scheduled and charter flights.

  *Note: A 4 month grace period is allowed under the Interim Order in order to ensure that children turning 12 years of age have adequate time to become fully vaccinated. Travellers that are younger than 12 years and 4 months old do not fall within the regulatory scope of the Interim Order and should not to be denied boarding if not fully vaccinated.

Non-applicability: Passengers on board military flights, medevac flights, those on private aircraft (Canadian Aviation Regulations – or CAR - subpart 604), or an aerial work flight operated under CAR 702, do not fall within the regulatory scope of the traveller provisions. Additionally, this does not apply to passengers coming inbound to Canada from an international last point of departure and travelling onward to another international location. Finally, this would not apply in the cases where an aircraft is diverted (for example due to adverse weather, mechanical issues, or others) to a specified airport. However, effective November 15, 2021, operators should note that Transport Canada will be prohibiting anyone from entering the restricted area of a specified airport (Annex A) unless they are fully vaccinated, or meet the exception criteria laid out in Section 4.

Section 2 – Summary Operational Models – Phase 1

The following provides a summary of the different operational approaches that can be considered by air operations in the implementation of the Federal Vaccination Mandate requirements as it pertains to travellers. The following models outline, at a high level, various approaches that can be implemented to meet the requirements, specifically as they relate to the verification requirement of proof documentation. It should be noted that additional details related to the verification of proof documents is available in the Supplementary Bulletin - Interim Order Respecting Certain Requirements for Civil Aviation due to COVID-19.

Section 3 – Obligations of air operators

Transport Canada is taking a performance-based approach to attain the ultimate objectives of the Federal Vaccination Mandate for air travellers. This will allow air operators – of all sizes - to decide how best to operationalize and achieve the requirements of the mandate, in accordance with their business model.

The following outlines the requirements for Phase 1 that were to be in place by October 30, 2021 pertaining to the management of outbound travellers from a Canadian aerodrome on the specified list in Annex A.

• Notification Requirement: Air Operators are required to notify affected travellers departing a Canadian aerodrome on the list in Annex A that they:
  • (1) are not allowed to board an aircraft unless they confirm the following:
    • they are fully vaccinated; or
    • they have a valid COVID-19 molecular test result; or
    • they meet an exception.
  • (2) must have and carry with them proof of their eligibility, to be provided to the air operator, CATSA or Transport Canada upon request; and
  • (3) may be liable to a monetary penalty if they knowingly provide false or misleading information.
• Please refer to Annex B, which provides a sample of a notification email that can be sent to travellers to inform them of the vaccination mandate.
• Confirmation Process: Air operators are required to implement a traveller confirmation process which would enable all travellers to confirm:
  • (1) that they have been fully vaccinated per Canada’s standard; or
  • (2) that they have a valid COVID-19 molecular test result; or
  • (3) that they meet a limited exception.
• Please see Annex C for a sample confirmation template that air operators can use to meet this requirement.
• This confirmation process can be done in any manner that the air operator chooses, as long as the requirements noted in the Operational Bulletin - Supplementary Bulletin - Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19 are met. The various models were also proposed in Section 2. However, Transport Canada strongly recommends that this confirmation be done digitally, well in advance of the traveller physically entering any of the specified airports. This will ensure a smoother travel journey and less logistical issues for the air operator (e.g. rebooking flights, baggage reconciliation, etc.). If this is not feasible, air operators can do the confirmation process verbally at the boarding gate. In all cases, whether done digitally or verbally at the gate, every passenger must make the confirmation (that they are fully vaccinated, or have a valid COVID-19 molecular test result or meet an exception).
• Retention requirements: There is currently no regulatory requirement for retention of documented evidence of the passenger confirmation (e.g., retention of digital or paper template for each traveller). However, it will be up to each air operator to be able to demonstrate their confirmation process is being managed to account for all affected travellers. Where information is retained, it must be done so according to The Personal Information Protection and Electronic Documents Act (PIPEDA).
• Verification of Proof Documents: Air operators are required to develop and implement a random verification process to verify the proof that the traveller:
  • (1) has been fully vaccinated per Canada’s standard; or
  • (2) has a valid COVID-19 molecular test result; or
  • (3) meets a limited exception.
• The proportion of traveller eligibility documents that operators must verify will vary in accordance with the selected operation model. In addition, operators should note that the percentage of random verification will be set according to the Operational Bulletin - Supplementary Bulletin - Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19.
• Air operators should note that over the course of Phase 1, the percentage of random verification will be rapidly increased. Air operators need to work rapidly towards automated verification ahead of the traveller journey where possible, leveraging the secure pan-Canadian, standardized proof of vaccination that will be available in all provinces and territories shortly. CATSA random verification is being implemented as an interim measure only, and operators will be required to incorporate this into their operating models.
• Verification - Elements for the proof of vaccination
• Types of acceptable proof of vaccination include:
  • Paper;
  • Digital; and
  • For travellers connecting from an international to domestic flight, an ArriveCAN receipt with immunization status denoted or their boarding pass (see Section 5).
• Air Operators are required to verify the following elements, for all travellers 12 years and 4 months of age and older:
  • Full name (family name and given names) of the person who received the vaccine;
  • The name of the government / non-government entity who issued the proof document;
  • The type and manufacturer of the vaccine. It must be one of the following, or an acceptable combination of:
    • Pfizer-BioNTech Comirnaty (tozinameran, BNT162b2) – 2 doses
    • Moderna Spikevax (mRNA-1273) – 2 doses
    • AstraZeneca Vaxzevria/COVISHIELD (ChAdOx1-S, AZD – 2 doses
    • Janssen/Johnson & Johnson (Ad26.COV2.S) – 1 dose
  • The date the traveller received their last dose. This date must be at least 14 full days prior to their date of travel. For example, if the last dose was administered on Thursday July 1, then Friday July 16 would be the first day that the traveller would meet the 14 day condition)

    Note: the proof of vaccination must have been issued in English or French or a certified translation is required if it was issued in a language other than English or French.

• Federal Proof of Identification and Provincial Proof of Vaccination
  There may be circumstances in which the name on the proof of identification does not match the name on the provincial or territorial proof of vaccination. For example, in the province of Quebec a female’s name at birth may appear on the proof of vaccination, while their married name may appear on a federal identification document such as a passport. Other examples include those from remote or Indigenous communities where formal identification can be more challenging to obtain. Please note that the air operator, in these cases, has flexibility to accept a proof of vaccination that does not perfectly match a traveller’s identification documents, so long as the traveller is able to establish their vaccination credential through other means (e.g., health card or letter from Indigenous community leader).
• Verification Elements for the COVID-19 molecular test (in lieu of proof of vaccination)
  A COVID-19 molecular test is defined within Transport Canada’s Interim Order as a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test carried out by the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). For a list of tests that are considered molecular tests, please consult the “Accepted Types of Tests” section that can be found on the following webpage: https://travel.gc.ca/travel-covid/travel-restrictions/flying/covid-19-testing-travellers-coming-into-canada.
• Air operators would need to verify that the following elements are included in the COVID-19 molecular test result for unvaccinated travellers age 12 (and 4 months) and older:
  • If the test result is negative, it must be dated within 72 hours of the traveller’s scheduled departure time at a specified Canadian aerodrome;
  • If the test result is positive, it must be dated at least 14 days before but not more than 180 days prior to the traveller’s scheduled departure at a specified Canadian aerodrome (e.g., the traveller would be eligible to travel on day 15 after their test was administered, since 14 days have passed). This accounts for those that had contracted COVID-19, have recovered, but may still be testing positive due to lingering amounts of the virus in their system.
• Reporting to Transport Canada: False or Misleading Information
• If the air operator suspects that the traveller has provided false or misleading information as it relates to either the proof of vaccination document or the COVID-19 molecular test result, the operator is to notify Transport Canada within 72 hours. The following information is to be included:
  • the person’s name
  • contact information (home address, telephone number, email address)
  • date and flight number
  • description of the potential non-compliance issue

  Please see Annex D for a summary of air carrier reporting requirements related to a traveller providing false or misleading information.

• Providing proof of Eligibility Process to Transport Canada – Air operators must select an operational verification model in accordance with Operational Bulletin - Supplementary Bulletin - Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19. Upon request, operators will be required to indicate the model selected and demonstrate how their process is meeting the minimum threshold for verifying travellers’ proof of eligibility documents.
• Liaise with CATSA – Air operators must establish a process for CATSA to be able to re-direct travellers back to the air operator should they fail to meet the requirements at the screening check point and are denied access to the restricted area of an airport.
• Denial of Boarding – Air operators are required to deny boarding to any traveller who:
  • (1) refuses to confirm that they are fully vaccinated, have a valid COVID-19 molecular test result or that they meet an exception; or
  • (2) who fails to provide their proof of vaccination, evidence of a valid COVID-19 molecular test result, or proof that they meet an exception, when requested.

• Notification of 72 hour window: Should a traveller be denied boarding due to failure to comply to a requirement under the Interim Order pertaining to the Federal Vaccination Mandate, the air operator is to inform the traveller that they are not able to board another flight from any of the specified Canadian aerodromes for 72 hours, and that Transport Canada will be notified. Please see Annex E for a sample letter that can be issued to the traveller to make this notification.

  Air operators must also keep a record of any denials of boarding due to lack of proof of vaccination or valid COVID-19 molecular test result. Records are to be made available to Transport Canada on request and retained for at least 12 months.

  The records must include:

  • Person’s name;
  • Contact Information (home address, telephone number and email address);
  • Date and flight number; and
  • Circumstances related to the refusal to comply.

Please see Annex D for a summary of air carrier reporting requirements related to denial of boarding and denying access to a restricted area.

Section 4 – Exceptions/Accommodations to the federal vaccination mandate

During Phase 1 (October 30, 2021 to November 29, 2021), there are a few limited exceptions to the requirement for a traveller to be either fully vaccinated or have a valid COVID-19 molecular test. These exceptions are noted directly with the Interim Order:

1. Foreign Flight Crew: during phase 1 (from October 30, 2021 to November 29, 2021), foreign flight crew are exempt from having to be fully vaccinated, when deadheading or repositioning on a different airline. Additionally, if foreign flight crew are travelling to take mandatory training they are also part of this exception. To be considered for this exception foreign crew must show their airline ID, be in uniform, or have documentation from their employer (i.e. air operator) confirming that they are in fact foreign flight crew or travelling to become crew. Please see Annex F or a letter that can be used to identify foreign crew members in these specific cases.
2. International to Domestic Travel: In some cases, travellers who arrive in Canada from an international or transborder last point of departure may have pre-departure tests that have expired or may not have proof of vaccination based on the Public Health Agency of Canada entry requirements, as outlined in the Orders in Council. For these travellers, both vaccinated and unvaccinated, if their itinerary can demonstrate continuous travel (same 24 hour period as their international inbound flight), they will be allowed to use: (1) their boarding pass (from their inbound journey); or (2) their ArriveCAN receipt as an alternative form of proof on the domestic leg of their journey in lieu of proof of vaccination or a COVID-19 molecular test result that meets the required criteria.

Proof documents that can be used:

1. ArriveCAN receipt: For those travellers with an ArriveCAN receipt, air operators can verify that the traveller has a receipt as their proof since their vaccination status is indicated on the receipt. Additionally, they will have already shown their valid COVID-19 molecular test result in order to fly to Canada, as well as on arrival, and undergone testing upon arrival as determined by Border Officials.

   or

2. Boarding Pass: Air operators can verify that the traveller’s boarding pass indicates that the last leg of their flight inbound to Canada is within 24 hours of their scheduled departure time of their domestic flight.

   For example: a traveller flying from London, England at 06:00 arriving in Toronto at 12:00, and then connecting to a flight from Toronto to Ottawa at 17:00, would be allowed onward travel and would simply need to show their boarding pass as proof since their inbound flight was at 06:00, and their connecting domestic flight is at 17:00 (within 24 hours).

In addition to the exceptions noted within the Interim Order, Transport Canada also has a process to issue exemptions (e.g., outside of the Interim Order). Please note that official details are available in each specific exemption document that is available in Transport Canada’s Secure Supply Chain Information Management System (SSCIMS). Should you require access to SSCIMS, please contact the Aviation Security inbox: TC.AviationSecurity-Sureteaerienne.TC@tc.gc.ca.

Section 5 – Air operator assistance

There following are different ways to seek assistance from Transport Canada as the requirements under the federal vaccination mandate are being operationalized.

Annex A – List of specified airports in Canada

Annex D – Air Carrier Reporting Requirements

As per Interim Order 44, Transport Canada may be notified in the following instances: