Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19)

From: Transport Canada

Whereas the Minister of Transport believes that the annexed Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19) is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Interim Order may be contained in a regulation made pursuant to subsection 120(1)Footnote a and paragraphs 136(1)(f)Footnote b and (h)Footnote b of the Canada Shipping Act, 2001Footnote c;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)Footnote d of the Canada Shipping Act, 2001Footnote c, makes the annexed Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19).

Ottawa, March 31, 2022

Omar Alghabra
Minister of Transport

Interpretation

Definitions

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

COVID-19
means the coronavirus disease 2019.
COVID-19 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  1. (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  2. (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  3. (c) if the test is self-administered, is observed and whose result is verified
    1. (i) in person by an accredited laboratory or testing provider, or
    2. (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
  4. (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider.
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
  1. (a) if the test is self-administered, is observed and whose result is verified
    1. (i) in person by an accredited laboratory or testing provider, or
    2. (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
  2. (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider.
cruise ship
means any passenger vessel, other than a ferry vessel or a passenger vessel that provides essential services, whose passengers are scheduled to be on board for 24 hours or more.
ferry vessel
means any vessel, having provision for deck passengers and for vehicles, that is operated on a short run on a schedule between two points over the most direct water route and offers a public service of a type normally attributed to a bridge or tunnel. 
large cruise ship
means a cruise ship that
  1. (a) is certified to carry more than 100 persons, as indicated on its safety inspection certificate or passenger ship safety certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
  2. (b) is equipped with berths or cabins for overnight travel by passengers.
Minister
means the Minister of Transport. 
passenger vessel
means a vessel, other than a ferry vessel, that is certified to carry more than 12 passengers as indicated on its inspection certificate or passenger ship safety certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government. 
passenger vessel that provides essential services
means a passenger vessel that is set out in the schedule.
pilot
has the same meaning as in section 1.1 of the Pilotage Act.
Ship Safety Bulletin No. 17/2021
means the Ship Safety Bulletin entitled Measures for Persons (other than passengers) on Canadian Vessels and Foreign Passenger Vessels Operating in Canadian Waters to Mitigate the Spread of COVID-19, SSB No. 17/2021, published on November 1, 2021 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced. 
Ship Safety Bulletin No. 18/2021
means the Ship Safety Bulletin entitled Measures to Support Safe Cruise Travel in Canada, SSB No. 18/2021, published on November 30, 2021 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced.
signs and symptoms of COVID-19
include a fever and a cough or a fever and difficulty breathing.
small cruise ship
means a cruise ship that
  1. (a) is certified to carry 100 persons or fewer, as indicated on its safety inspection certificate or passenger ship safety certificate issued under the Vessel Safety Certificates Regulations or on an equivalent certificate issued by a foreign government; and
  2. (b) is equipped with berths or cabins for overnight travel by passengers.

testing provider means  

  1. (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided;
  2. (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); or
  3. (c) in the case of a COVID-19 antigen test, a person employed by the authorized representative who is trained to oversee the results of the test and attest to it.

Interpretation — fully vaccinated

(2) For the purposes of this Interim Order, a person is fully vaccinated at least 14 days after they complete a COVID-19 vaccine dosage regimen if

  1. (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
    1. (i) the vaccine has been administered to the person in accordance with its labelling, or
    2. (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
  2. (b) in all other cases,
    1. (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
    2. (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.

For greater certainty

(3) For greater certainty, for the purposes of subsection (2), a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.

Canadian Vessels

Prohibition

3 (1) It is prohibited for a Canadian vessel, other than a cruise ship, that is operated with 12 or more crew members on board to be operated in any waters unless the vessel’s authorized representative

  1. (a) has implemented a vaccination policy that contains the elements listed in subsection 12(1);
  2. (b) subject to subsection (3), has verified that, before boarding the vessel, every person is fully vaccinated or has provided the evidence referred to in paragraph (c);
  3. (c) has verified that, before boarding the vessel, every person who is not fully vaccinated, other than a passenger or pilot, has undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and has provided evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test; and
  4. (d) has measures in place for every person on board the vessel who is not fully vaccinated, other than a passenger or a pilot, to undergo testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021.

Prohibition — other vessels

(2) Subsection (1) also applies in respect of any other Canadian vessel, other than a cruise ship, that has an authorized representative who is also the authorized representative of a cruise ship or of any other Canadian vessel that is operated with 12 or more crew members on board.

Exception

(3) For the purposes of paragraph (1)(b), the reference to “person” does not include

  1. (a) a passenger;
  2. (b) a pilot; or
  3. (c) a person whose reason for not completing a COVID-19 vaccine dosage regimen has been verified by an authorized representative under subsection 4(2).

Evidence of vaccination

4 (1) It is prohibited for a person, other than a pilot or a person who intends to be a passenger, to board a Canadian vessel referred to in section 3 that is in Canadian waters unless the person provides to the vessel’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.

Verification

(2) Despite subsection (1), a person, other than a pilot or a person who intends to be a passenger, may board the vessel if the authorized representative has verified that the person has provided the evidence required in subsection (3) demonstrating that they are not fully vaccinated due to one of the following reasons:

  1. (a) the person has a medical contraindication that prevents them from being fully vaccinated; or
  2. (b) the person has a sincerely held religious belief that prevents them from being fully vaccinated.

Evidence

(3) A person who relies on a reason referred to in paragraph (2)(a) or (b) must provide to the authorized representative evidence of their medical contraindication or their sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021.

COVID-19 test result

(4) A person who is not fully vaccinated, other than a pilot or a person who intends to be a passenger, must provide to the vessel’s authorized representative

  1. (a) before boarding the vessel, evidence that they have undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test; and
  2. (b) evidence of a result for a COVID-19 test undergone on board the vessel in accordance with Ship Safety Bulletin No. 17/2021.

Evidence — elements

(5) For the purposes of this Interim Order, evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test must include

  1. (a) the name and date of birth of the person whose specimen was collected for the test;
  2. (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
  3. (c) the date the specimen was collected and the test method used; and
  4. (d) the test result.

Pilots

Prohibition

5 (1) It is prohibited for any vessel that is operated in Canadian waters to have a pilot on board unless the vessel’s authorized representative has verified that the pilot is fully vaccinated before boarding the vessel.

Verification

(2) Despite subsection (1), a vessel referred to in that subsection may have on board a pilot who is not fully vaccinated if the vessel’s authorized representative has verified, before the pilot boards the vessel, that the pilot

  1. (a) has a document confirming that the pilotage authority that employs or has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder has verified that the pilot has provided evidence that they have not completed a COVID-19 vaccine dosage regimen due to a reason referred to in subsection 6(2); and
  2. (b) has undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and has provided evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test.

Prohibition

6 (1) It is prohibited for a pilot to board any vessel that is operated in Canadian waters unless the pilot provides to the vessel’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.

Verification

(2) Despite subsection (1), a pilot may board the vessel if the pilotage authority that employs or has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder has verified that the pilot has provided the evidence required in subsection (4) demonstrating that they are not fully vaccinated due to one of the following reasons:

  1. (a) the pilot has a medical contraindication that prevents them from being fully vaccinated; or
  2. (b) the pilot has a sincerely held religious belief that prevents them from being fully vaccinated.

Accommodation under applicable legislation

(3) If a pilot relies on a reason referred to in subsection (2), the pilotage authority that employs the pilot or that has a contract with the pilot or with a body corporate of which the pilot is a member or shareholder must verify that the pilot is entitled to be accommodated, on the basis of the reason the pilot is relying on, under applicable legislation by being permitted to board the cruise ship without being fully vaccinated.

Evidence

(4) A pilot who relies on a reason referred to in paragraph (2)(a) or (b) must provide to the pilotage authority evidence of their medical contraindication or their sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021.

COVID-19 test result

(5) Before boarding a vessel, a pilot who is not fully vaccinated must provide to the vessel’s authorized representative evidence that they have undergone one of the tests specified in Ship Safety Bulletin No. 17/2021, carried out in accordance with that bulletin, and evidence of the result of the test indicating that they obtained the result provided for in the bulletin for that test.

Cruise Ships

Prohibition — large cruise ships (Canadian vessels)

7 (1) It is prohibited for a large cruise ship that is a Canadian vessel to be operated in any waters unless the cruise ship’s authorized representative

  1. (a) has verified that, before boarding the vessel, every person, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
  2. (b) has implemented a vaccination policy that contains the elements listed in subsection 12(1);
  3. (c) has implemented a COVID-19 management plan that contains the measures referred to in section 18;
  4. (d) has verified that, before boarding the vessel, every person, other than a passenger or a pilot, has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  5. (e) has verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  6. (f) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021;
  7. (g) has developed a ship-to-shore checklist respecting procedures at ports that meets the requirements set out in subsection 22(1); and
  8. (h) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.

Prohibition — large cruise ships (foreign vessels)

(2) It is prohibited for a large cruise ship that is a foreign vessel to operate in Canadian waters, unless the cruise ship’s authorized representative

  1. (a) has verified that, before boarding the vessel, every person, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
  2. (b) has implemented a COVID-19 management plan that contains the measures referred to in section 18;
  3. (c) has verified that, before boarding the vessel, every person, other than a passenger or a pilot has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  4. (d) has verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  5. (e) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
    1. (1) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (11) in the case of any other person, Ship Safety Bulletin No. 17/2021;
  6. (f) has developed a ship-to-shore checklist respecting procedures at ports that meets the requirements set out in subsection 22(1); and
  7. (g) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.

Prohibition — small cruise ships (Canadian vessels)

(3) It is prohibited for a small cruise ship that is a Canadian vessel to operate in any waters unless the cruise ship’s authorized representative

  1. (a) has verified that, before boarding the vessel, every person, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
  2. (b) has verified that, before boarding the vessel, every person, other than a passenger or a pilot, has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  3. (c) has verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  4. (d) has implemented a vaccination policy that contains the elements listed in subsection 12(1);
  5. (e) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021; and
  6. (f) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.

Prohibition — small cruise ships (foreign vessels)

(4) It is prohibited for a small cruise ship that is a foreign vessel to operate in Canadian waters unless the cruise ship’s authorized representative has

  1. (a) verified that every person, before boarding the vessel, other than a pilot, is fully vaccinated or has a reason referred to in subsection (6) for not being fully vaccinated;
  2. (b) verified that every person, before boarding the vessel, other than a passenger or a pilot, has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  3. (c) verified that, before boarding the vessel, every passenger has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021 and has provided evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests;
  4. (d) has measures in place for a person on board the vessel to undergo testing for COVID-19, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021; and
  5. (e) has procedures in place for the isolation and quarantining of a person, in accordance with the following ship safety bulletins:
    1. (i) in the case of a passenger, Ship Safety Bulletin No. 18/2021, and
    2. (ii) in the case of any other person, Ship Safety Bulletin No. 17/2021.

Exception — passengers 12 years of age or older

(5) Despite subsections (1) to (4), only passengers 12 years of age or older are required to be fully vaccinated.

Exception

(6) For the purposes of paragraphs (1)(a), 2(a), 3(a) and 4(a), the reasons a person may have for not being fully vaccinated are the following:

  1. (a) the person has a medical contraindication that prevents them from being fully vaccinated; or
  2. (b) the person has a sincerely held religious belief that prevents them from being fully vaccinated, in the case of
    1. (i) a person, other than a passenger, on board a cruise ship, or
    2. (ii) a passenger who boarded a cruise ship in Canada.

Confirmation

8 Before a cruise ship is operated in Canadian waters, the authorized representative of the cruise ship must confirm to the Minister that they have

  1. (a) verified that every passenger who is 12 years of age or older is fully vaccinated and that every passenger on board the vessel has been tested for COVID-19 in accordance with Ship Safety Bulletin No. 18/2021 and has provided the results of their COVID-19 test to the authorized representative in accordance with that bulletin;
  2. (b) verified that every person, other than a pilot, who relies on a reason for not being fully vaccinated has provided the evidence required under subsection 9(5); and
  3. (c) put the following measures in place:
    1. (i) measures for every person on board the vessel, other than a passenger or a pilot, who is not fully vaccinated to undergo testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021, and
    2. (ii) measures for every passenger on board the vessel who is not fully vaccinated to undergo testing for COVID-19 as set out in Ship Safety Bulletin No. 18/2021.

Evidence of vaccination

9 (1) It is prohibited for any person, other than a passenger or pilot, to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless the person has provided to the cruise ship’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.

Evidence of vaccination — passengers

(2) It is prohibited for a passenger who is 12 years of age or older to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless they have provided to the cruise ship’s authorized representative evidence of COVID-19 vaccination demonstrating that they are fully vaccinated.

Exception

(3) Despite subsections (1) and (2), a person may board a cruise ship without providing to the authorized representative of the ship evidence of COVID-19 vaccination for one of the following reasons:

  1. (a) the person has a medical contraindication that prevents them from being fully vaccinated; or
  2. (b) the person has a sincerely held religious belief that prevents them from being fully vaccinated, in the case of
    1. (i) a person other than a passenger, or
    2. (ii) a passenger who boarded the vessel in Canada.

Accommodation under applicable legislation

(4) The authorized representative must verify that a passenger relying on a reason referred to in subsection (3) is entitled to be accommodated, on the basis of the reason they are relying on, under applicable legislation, by being permitted to board the cruise ship without being fully vaccinated.

Evidence

(5) A person who relies on a reason referred to in subsection (3) must provide to the authorized representative the following evidence:

  1. (a) in the case of a person other than a passenger or pilot, evidence of a medical contraindication or sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 17/2021; and
  2. (b) in the case of a passenger, evidence of a medical contraindication or sincerely held religious belief that contains the information set out in Ship Safety Bulletin No. 18/2021.

COVID-19 test results

(6) It is prohibited for a person to be on board a cruise ship that is a Canadian vessel or a cruise ship that is a foreign vessel in Canadian waters unless the person has undergone testing for COVID-19 as set out in Ship Safety Bulletin No. 17/2021 or Ship Safety Bulletin No. 18/2021 and has provided to the authorized representative of the vessel evidence of the result of the tests indicating that they obtained the result provided for in the bulletin for those tests.

Notification — vaccination

10 A cruise ship that is a foreign vessel on a voyage to Canada departing from any other country must not enter Canadian waters unless the authorized representative of the cruise ship notified every person before they boarded the cruise ship that they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the cruise ship or before entering Canadian waters, to the Minister of Health or to a screening officer, as defined in section 2 of that Act, or person designated as a quarantine officer under subsection 5(2) of that Act, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The authorized representative must also notify every person that they may be denied permission to board the cruise ship and may be liable to a fine if this requirement applies to them and they fail to comply with it.

Exceptions

11 This Interim Order does not apply to

  1. (a) a cruise ship that is a foreign vessel in the territorial sea of Canada that is exercising the right of innocent passage in accordance with international law and Article 19 of Section 3 of the United Nations Convention on the Law of the Sea, done at Montego Bay on December 10, 1982;
  2. (b) a pleasure craft; or
  3. (c) a vessel that is operated for the purpose of saving lives, securing the safety of another vessel or preventing the immediate loss of another vessel.

Vaccination Policy

Content

12 (1) A vaccination policy must include

  1. (a) the types and names of the vessels and cruise ships to which the policy applies;
  2. (b) the measures taken by the authorized representative to comply with local public health guidelines to prevent the spread of COVID-19;
  3. (c) the authorized representative’s obligations in relation to the policy;
  4. (d) the measures implemented to ensure that this Interim Order’s requirements in relation to vaccination are complied with, including the requirements set out in paragraph 3(1)(b), subsections 4(1) to (4), section 5, paragraphs 7(1)(a) and (b) and (3)(a) and (d) and subsections 9(1) to (5);
  5. (e) the means by which a person to whom the policy applies can provide evidence of their vaccination status and that they received one of the COVID-19 test results required by this Interim Order;
  6. (f) the measures to follow in testing a person for COVID-19 when a vessel or cruise ship is on a voyage that is scheduled to last six days or more, including the measures to follow if the person receives a positive result;
  7. (g) a procedure for verifying the evidence provided by a person who is subject to the policy who has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief;
  8. (h) a procedure for issuing to a person referred to in paragraph (g) a document confirming the reason for which they did not complete a COVID-19 vaccine dosage regimen;
  9. (i) the measures to be taken to maintain physical distancing between the persons who work on board the vessels or cruise ships and the persons employed by the authorized representative who are not fully vaccinated, including any work arrangements for those persons who are not fully vaccinated and are unable to work on the vessels or cruise ships;
  10. (j) a procedure for collecting the following information with respect to an in-person interaction in the workplace between a person who works on board a vessel or cruise ship of an authorized representative and a person employed by the authorized representative who is unvaccinated or whose vaccination status is unknown:
    1. (i) the date, time and location of the interaction, and
    2. (ii) the contact information for the persons involved in the interaction; and
  11. (k) the consequences of not complying with the policy.

Medical contraindication

(2) For the purposes of paragraphs (1)(g) and (h), the vaccination policy must provide that a document is to be issued to a person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of a medical contraindication only if the person provides a medical certificate from a medical doctor or nurse practitioner who is licensed to practise in Canada certifying that the person cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

Canadian Human Rights Act

(3) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative or a person hired by the authorized representative to provide a service, the vaccination policy must provide that a document is to be issued to the employee or person confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious beliefs only if the authorized representative is obligated to accommodate them on that basis under the Canadian Human Rights Act.

Applicable legislation

(4) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative’s contractor or agent or mandatary, the vaccination policy must provide that a document is to be issued to the employee confirming that they did not complete a COVID-19 vaccine dosage regimen on the basis of their sincerely held religious beliefs only if they would be entitled to an accommodation on that basis under applicable legislation.

Vaccination policy kept on board

(5) The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must ensure that a copy of the vaccination policy is kept on board each such vessel or cruise ship of which they are the authorized representative and must make that policy available to the Minister within 48 hours of the Minister’s request.

Familiarity with policy

(6) The authorized representative must ensure that the crew members on board the vessel or cruise ship are familiar with the content of the vaccination policy and must keep on board the vessel or cruise ship a record indicating that the crew members have familiarized themselves with the policy.

Authorized representative’s confirmation

13 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel that begins to operate after this Interim Order is made must, on the day on which the vessel or cruise ship begins to operate, provide to the Minister written confirmation that they implemented a vaccination policy that contains the elements listed in subsection 12(1).

Documents

14 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must make information related to the implementation of the vaccination policy available to the Minister on the Minister’s request.

Amending vaccination policy

15 The authorized representative of a vessel referred to in section 3 or of a cruise ship that is a Canadian vessel must amend their vaccination policy on the request of the Minister and must submit the amended vaccination policy to the Minister within five business days after the day on which the request is made.

Evidence of vaccination — elements

16 (1) For the purposes of this Interim Order, evidence of COVID-19 vaccination must be evidence issued by the government or the non-governmental entity that is authorized to issue it and must contain the following information:

  1. (a) the name of the person who received the vaccine;
  2. (b) the name of the government or the name of the non-governmental entity;
  3. (c) the brand name or any other information that identifies the vaccine that was administered; and
  4. (d) the dates on which the doses of the vaccine were administered or, if the evidence is one document issued for more than one dose and the document specifies only the date on which the most recent dose was administered, that date.

Evidence of vaccination — translation

(2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Notice to Minister — persons other than passengers

17 (1) An authorized representative referred to in section 3 or 7 or a pilotage authority referred to in subsection 6(2) who has reason to believe that a person, other than a passenger, provided evidence of COVID-19 vaccination, of a COVID-19 test result, of a medical contraindication or of a sincerely held religious belief that is likely to be false or misleading must as soon as feasible provide to the Minister the person’s name, contact information and, if applicable, their Candidate document number (CDN) or their Certificate of Competency number from the Standards for Training, Certification and Watchkeeping (STCW).

Notice to Minister — passengers

(2) An authorized representative of a cruise ship who has reason to believe that a passenger provided evidence of COVID-19 vaccination, of a COVID-19 test result, of a medical contraindication or of a sincerely held religious belief that is likely to be false or misleading must as soon as feasible provide to the Minister

  1. (a) the person’s name, date of birth and contact information;
  2. (b) the person’s travel information; and
  3. (c) a description of the circumstances that led the authorized representative to believe that the evidence is likely to be false or misleading and the date on which they occurred.

COVID-19 Management Plan

Content

18 A COVID-19 management plan must include the measures set out in Ship Safety Bulletin No. 18/2021.

Notice to Minister

19 The authorized representative of a large cruise ship that is a Canadian vessel or of a large cruise ship that is a foreign vessel must notify the Minister before the vessel is first operated in, or first enters, Canadian waters, whichever occurs first after this Interim Order is made, that they have implemented their COVID-19 management plan in accordance with section 18.

Management plan kept on board

20 The authorized representative of a large cruise ship that is a Canadian vessel operating in any waters or of a large cruise ship that is a foreign vessel operating in Canadian waters must ensure that a copy of their COVID-19 management plan is kept on board each cruise ship of which they are the authorized representative and must make that plan available to the Minister within 12 hours of the Minister’s request.

Amending management plan

21 The authorized representative of a cruise ship must amend their COVID-19 management plan on the request of the Minister and must submit the amended plan to the Minister within five business days after the day on which the request is made.

Ship-to-Shore Checklist Respecting Procedures at Ports

Requirement

22 (1) The authorized representative of a large cruise ship that is a Canadian vessel or of a large cruise ship that is a foreign vessel in Canadian waters must:

  1. (a) develop a ship-to-shore checklist in accordance with the Standards for the Development of a Ship-to-Shore Checklist Respecting Procedures at Ports, published on April 1, 2022 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced; and
  2. (b) ensure that the measures specified in the checklist are respected.

Attestation

(2) The authorized representative of a vessel referred to in subsection (1) must attest to the Minister that they have completed the ship-to-shore checklist and that it is signed by the port authorities. The attestation must be completed before the vessel is first operated in, or first enters Canadian waters, whichever occurs first after this Interim Order is made.

Checklist kept on board

(3) The authorized representative of a cruise ship referred to in subsection (1) must ensure that a copy of the ship-to-shore checklist is kept on board each cruise ship of which they are the authorized representative and must make that checklist available upon request, within 12 hours, to the Minister or to public health authorities.

Costs — Quarantine and Isolation

Minimizing the Risk of Exposure to COVID-19 in Canada Order

23 An authorized representative who is required under paragraphs 4.921(2.2)(a) or 5.1(1.3)(a) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) to organize for a person a place of quarantine or isolation, a private conveyance or daily meals, must pay for the place, conveyance and meals.

Reports

Report

24 The authorized representative of a Canadian vessel, other than a cruise ship, that is operated with 12 or more crew members on board must provide to the Minister a report in accordance with Ship Safety Bulletin No. 17/2021 that contains the information set out in that bulletin.

Report — passengers

25 The authorized representative of a cruise ship that is a Canadian vessel or of a cruise ship that is a foreign vessel operating in Canadian waters must provide to the Minister a report in accordance with Ship Safety Bulletin No. 18/2021 that contains the information set out in that bulletin.

Monitoring — signs and symptoms of COVID-19

26 (1) A person on board a vessel subject to this Interim Order must

  1. (a) monitor themselves for signs and symptoms of COVID-19; and
  2. (b) if they develop signs and symptoms of COVID-19, inform the master of the vessel immediately and follow the master’s instructions.

Requirement to inform

(2) The authorized representative of a vessel subject to this Interim Order must ensure that persons on board the vessel are informed of their obligation to monitor themselves for signs and symptoms of COVID-19.

Exceptions

(3) Subsections (1) and (2) do not apply to

  1. (a) ferry vessels; and
  2. (b) passenger vessels that provide essential services.

Prohibition — Authorized Representative and Master

Prohibition

29 The authorized representative, and master, of a vessel referred to in section 3 or a cruise ship must not permit the vessel or cruise ship to contravene any of the restrictions or prohibitions set out in this Interim Order.

Enforcement

Persons ensuring compliance

30 (1) The following persons are authorized to ensure compliance with this Interim Order:

  1. (a) marine safety inspectors;
  2. (b) members of the Royal Canadian Mounted Police;
  3. (c) members of any harbour or river police force; and
  4. (d) members of any provincial, county or municipal police force.

Powers and duties

(2) A person who is authorized to ensure compliance with this Interim Order may

  1. (a) prohibit the movement of any vessel or direct it to be moved;
  2. (b) stop and board any vessel at any reasonable time and
    1. (i) direct any person to answer reasonable questions and provide reasonable assistance, and
    2. (ii) require any person to provide, for examination, any document that the person is required to have in their possession or that is required to be kept on board; and
  3. (c) verify by any means that the requirements of this Interim Order are met.

Obligation to comply

31 A person or vessel must comply with any direction given to them or a requirement or prohibition imposed on them under subsection 30(2).

Repeal

32 The Interim Order No. 2 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19), made on January 15, 2022, is repealed.

Application

33 The other provisions of this Interim Order apply beginning on April 1, 2022.

Schedule (Subsection 1(1)) Passenger Vessels That Provide Essential Services

Item Vessels
 
1 A vessel operating to protect public health or safety or the marine environment including a vessel that is involved in

(a) search and rescue operations; or

(b) emergency or environmental response.
2 A vessel that supports the activities of any of the following at their request:

(a) the Minister;

(b) the Minister of Fisheries and Oceans;

(c) a member of the Canadian Coast Guard; or

(d) a peace officer in the performance of their duties.
3 A vessel that operates when it is the most practical means to

(a) give passengers access to their domicile or residence or their place of employment;

(b) give passengers access to essential goods and services, including
  1. (i) goods or services directly related to the response to COVID-19, including medical equipment, testing and laboratory services,
  2. (ii) essential health services, including primary health care services and pharmacies, and
  3. (iii) food, potable water, pharmaceuticals and fuel;

(c) transport cargo to resupply communities, businesses or industry; or

(d) give passengers access to services that are declared to be essential services by the Government of Canada, a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group

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