Whereas the Minister of Transport believes that the annexed Interim Order No. 7 Respecting Passenger Vessel Restrictions 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. 7 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19).
Ottawa, October 30 , 2021
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Omar Alghabra
Minister of Transport
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Interpretation
Marginal note:Definitions
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1 (1) The following definitions apply in this Interim Order.
- COVID-19
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COVID-19 means the coronavirus disease 2019. (COVID-19)
- COVID-19 molecular test
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COVID-19 molecular test means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
- cruise ship
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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. (navire de croisière)
- ferry vessel
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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. (transbordeur)
- Minister
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Minister means the Minister of Transport. (ministre)
- passenger vessel
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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. (bâtiment à passagers)
- passenger vessel that provides essential services
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passenger vessel that provides essential services means a passenger vessel that is set out in the schedule. (bâtiment à passagers qui fournit des services essentiels)
- pilot
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pilot has the same meaning as in section 1.1 of the Pilotage Act. (pilote)
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Marginal note:Interpretation — fully vaccinated
(2) For the purposes of this Interim Order, a person is fully vaccinated at least 14 days after the day on which they complete a COVID-19 vaccine dosage regimen if
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(a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
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(i) the vaccine has been administered to the person in accordance with its labelling, or
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(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
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(b) in all other cases,
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(i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
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(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.
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Marginal note: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
Marginal note:Prohibition
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2 (1) Beginning on November 1, 2021, 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
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(a) has implemented a vaccination policy in accordance with the requirements set out in subsection 9(1);
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(b) verifies, subject to subsection (3),
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(c) verifies, beginning on November 15, 2021, that every person on board the vessel who is not fully vaccinated, other than a passenger or a pilot, has received their results of a test referred to in subsection 3(4) or 3(4.1), as applicable, before boarding.
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Marginal note:Prohibition — other vessels
(2) Subsection (1) also applies in respect of any other Canadian vessel, other than a cruise ship, of an authorized representative who is also the authorized representative of a cruise ship that is a Canadian vessel or of any other Canadian vessel that is operated with 12 or more crew members on board.
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Marginal note:Exception
(3) For the purposes of paragraph (1)(b), the reference to “person” does not include
Marginal note:Evidence of vaccination
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3 (1) It is prohibited for a person, other than a person who intends to be a passenger or who is a pilot, to board a Canadian vessel referred to in section 2 that is in Canadian waters unless the person provides to the vessel’s authorized representative,
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Marginal note:Verification
(2) Despite subsection (1), a person referred to in that subsection may board the vessel if the authorized representative has verified that the person has not completed a COVID-19 vaccine dosage regimen for one of the following reasons:
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Marginal note: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.
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Marginal note:COVID-19 test result
(4) Beginning on November 15, 2021, a person who is not fully vaccinated, other than a person who intends to be a passenger or who is a pilot, must, before boarding the vessel, provide to the vessel’s authorized representative evidence that they received
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(a) a negative result for a COVID-19 test that was performed on a specimen collected from the person no more than 72 hours before the person boards the vessel; or
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(b) a positive result for a COVID-19 test that was performed on a specimen collected from the person at least 14 days and no more than 180 days before the person boards the vessel.
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Marginal note:Prohibition
(4.1) A person who is not fully vaccinated, other than a person who intends to be a passenger or who is a pilot, who receives a positive result for a COVID-19 test must not board the vessel for a period of 14 days after the day on which the specimen on which the test was performed was collected, unless they receive a negative result from a COVID-19 molecular test that was performed on a specimen collected from the person no more than 72 hours before the person boards the vessel.
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Marginal note:Evidence — elements
(5) For the purposes of this Interim Order, evidence of a result for a COVID-19 test must include
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Marginal note:Continued testing
(6) Any person who provides evidence of a result referred to in paragraph (4)(a) must be tested for COVID-19 in accordance with the authorized representative’s vaccination policy every three days for the duration of the vessel’s voyage if that voyage is scheduled to last six days or more.
Pilots
Marginal note:Prohibition
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4 (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 verifies,
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Marginal note:Verification
(2) Despite subsection (1), a vessel referred to in that subsection that is operated in Canadian waters may have on board a pilot who is not fully vaccinated if the vessel’s authorized representative verifies that the pilot has a document confirming that 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 has verified that the pilot has provided evidence that they have not completed a COVID-19 vaccine dosage regimen for a reason referred to in subsection 5(2).
Marginal note:Prohibition
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5 (1) It is prohibited for a pilot to board a Canadian or foreign vessel that is operated in Canadian waters unless the pilot provides to the vessel’s authorized representative,
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Marginal note:Verification
(2) Despite subsection (1), a pilot referred to in that subsection may board the vessel if 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 has verified that the pilot has not completed a COVID-19 vaccine dosage regimen for one of the following reasons:
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Marginal note:Evidence
(3) 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.
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Marginal note:COVID-19 test result
(4) Beginning on November 15, 2021, before boarding the vessel, a pilot who is not fully vaccinated must provide to the vessel’s authorized representative evidence that they received their results of a test referred to in subsection 3(4) or 3(4.1), as applicable.
Cruise Ships
Marginal note:Prohibition
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6 (1) Beginning on November 1, 2021, it is prohibited for a cruise ship that is a Canadian vessel to be operated in any waters, and for a cruise ship that is a foreign vessel to be operated in Canadian waters, unless the cruise ship’s authorized representative
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(a) in the case of a cruise ship that is a Canadian vessel, has implemented a vaccination policy in accordance with the requirements set out in subsection 9(1);
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(b) verifies, subject to subsection (2),
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(c) verifies, beginning on November 15, 2021, that every person on board the cruise ship who is not fully vaccinated, other than a passenger or a pilot, has received their result of a test referred to in subsection 3(4) or 3(4.1), as applicable, before boarding; and
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(d) in the case of a cruise ship that is a foreign vessel, notifies the Minister of the date when the cruise ship is scheduled to arrive in Canadian waters at least 60 days before that date.
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Marginal note:Exception
(2) For the purposes of paragraph (1)(b), the reference to “person” does not include
Marginal note:Evidence of vaccination
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7 (1) It is prohibited for any person, other than a passenger or a pilot, to be on board a cruise ship referred to in subsection 6(1) that is in Canadian waters unless the person has provided to the cruise ship’s authorized representative,
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Marginal note:Verification
(2) Despite subsection (1), a person referred to in that subsection may board the vessel if the authorized representative has verified that the person has not completed a COVID-19 vaccine dosage regimen for one of the following reasons:
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Marginal note: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.
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Marginal note:COVID-19 test result
(4) Beginning on November 15, 2021, a person who is not fully vaccinated, other than a person who is a passenger or a pilot, must have provided to the cruise ship’s authorized representative evidence that they received their results of a test referred to in subsection 3(4) or 3(4.1), as applicable.
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Marginal note:Continued testing
(5) Any person who provides evidence of a result referred to in paragraph 3(4)(a) or subsection 3(4.1), as applicable, must be tested for COVID-19 in accordance with the authorized representative’s vaccination policy every three days for the duration of the cruise ship’s voyage if that voyage is scheduled to last six days or more.
Marginal note:Exceptions
8 Sections 2 to 7 do not apply to
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(a) a foreign cruise ship 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;
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(b) a pleasure craft; or
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(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
Marginal note:Content
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9 (1) A vaccination policy must include
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(a) the types and names of the vessels and cruise ships to which the policy applies;
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(b) the measures taken by the authorized representative to comply with local public health guidelines to prevent the spread of COVID-19;
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(c) the authorized representative’s obligations in relation to the policy;
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(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 paragraphs 2(1)(b) and (c), subsections 3(1) to (4.1), section 4, paragraphs 6(1)(b) and (c) and subsections 7(1) to (4);
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(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;
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(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;
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(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 their sincerely held religious belief;
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(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;
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(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;
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(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:
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(k) the consequences of not complying with the policy.
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Marginal note:Medical contraindication
(2) For the purposes of paragraphs (1)(g) and (h), the vaccination policy must provide for a procedure for issuing to a person a document 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 certifying that the person cannot be vaccinated due to a medical condition.
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Marginal note: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 for a procedure for issuing to the employee or person a document 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 the basis of this ground under the Canadian Human Rights Act.
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Marginal note:Applicable legislation
(4) For the purposes of paragraphs (1)(g) and (h), in the case of an employee of an authorized representative’s contractor, agent or mandatary, the vaccination policy must provide for a procedure for issuing to the employee a document 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 the basis of this ground under applicable legislation.
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Marginal note:Vaccination policy kept on board
(5) Beginning on November 15, 2021, the authorized representative of a vessel referred to in section 2 or a cruise ship referred to in subsection 6(1) 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 on request.
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Marginal note:Familiarity with policy
(6) Beginning on November 15, 2021, 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.
Marginal note:Authorized representative’s confirmation
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10 (1) The authorized representative of a vessel referred to in section 2 or a cruise ship referred to in subsection 6(1) that is a Canadian vessel must, no later than November 15, 2021, provide to the Minister written confirmation that they implemented a vaccination policy that meets the requirements set out in subsection 9(1).
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Marginal note:Confirmation — later date
(2) If a vessel or a cruise ship begins operating after November 15, 2021, its authorized representative must provide the confirmation referred to in subsection (1) to the Minister on the day on which the vessel or cruise ship begins operating.
Marginal note:Documents
11 The authorized representative of a vessel referred to in section 2 or a cruise ship referred to in subsection 6(1) 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.
Marginal note:Amending vaccination policy
12 The authorized representative of a vessel referred to in section 2 or a cruise ship referred to in subsection 6(1) that is a Canadian vessel must amend the 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.
Marginal note:Evidence of vaccination — elements
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13 (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:
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(a) the name of the person who received the vaccine;
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(b) the name of the government or the name of the non-governmental entity;
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(c) the brand name or any other information that identifies the vaccine that was administered; and
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(d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document specifies only the date on which the most recent dose was administered, that date.
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Marginal note: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.
Marginal note:Notice to Minister
14 An authorized representative referred to in section 2 or 6 who has reason to believe that a person provided evidence of COVID-19 vaccination or of a COVID-19 test result that is likely to be false or misleading must notify the Minister as soon as feasible of 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).
Reports
Marginal note:Weekly report
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15 (1) The authorized representative of a vessel referred to in section 2 or of a cruise ship referred to in subsection 6(1) that is a Canadian vessel must, every week, provide to the Minister a report that includes the following information for the preceding week:
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(a) the name of the vessels and cruise ships that are the subject of the report;
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(b) the number of persons employed by the authorized representative;
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(c) the number of those persons who are fully vaccinated, partially vaccinated and not vaccinated;
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(d) the number of persons to whom the authorized representative issued a document confirming that the person did not complete a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief and a record that confirms they provided the required evidence;
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(e) the number of persons employed by the authorized representative who are unable to work because of COVID-19;
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(f) the number of persons whose employment responsibilities require them to be on board the vessel or cruise ship and among those persons the number who are fully vaccinated, partially vaccinated or unvaccinated;
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(g) the number of persons, from among the persons referred to in paragraph (f), to whom the authorized representative issued a document confirming the person did not complete a COVID-19 vaccine dosage regimen due to a medical contraindication or a sincerely held religious belief and the mitigation measures implemented in respect of those persons;
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(h) the number of persons employed by the authorized representative who are scheduled to be on board a vessel but who are not permitted to board because they are not in compliance with the vaccination requirements under this Interim Order; and
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(i) the number of instances in which information was collected in respect of an in-person interaction referred to in paragraph 9(1)(j).
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Marginal note:Monthly report
(2) An authorized representative, of a vessel referred to in section 2 or a cruise ship referred to in subsection 6(1) that is a Canadian vessel, who implements a vaccination policy that exceeds the requirements of this Interim Order and that applies to all their employees, including those whose employment responsibilities do not require them to be on board the vessel or cruise ship, is exempt from subsection (1), but must provide to the Minister, every month, a report that contains the information set out in paragraphs (1)(a) to (d).
Passenger Vessels that Provide Essential Services and Ferry Vessels
Marginal note:Permission
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16 (1) A passenger vessel that provides essential services may be operated in Canadian waters if
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(a) the vessel, at all times, carries not more than 50% of the maximum number of passengers that it is certified to carry, 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; or
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(b) its authorized representative implements the measures to reduce transmission risks of COVID-19 set out in the Ship Safety Bulletin entitled Measures to Mitigate the Spread of COVID-19 on Passenger Vessels and Ferries, SSB No. 12/2020, published on April 17, 2020 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time or as replaced.
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Marginal note:Notice to Minister
(2) The authorized representative of a vessel who implements measures in accordance with paragraph (1)(b) must notify the Minister, in writing, of the measures before implementing them and must keep a copy of the notice on board.
Marginal note:Guidelines
17 The authorized representative and master of a passenger vessel that provides essential services must make reasonable efforts to implement the measures contained in the guidelines that are set out in the document entitled COVID-19: Guidance Material for Passenger Vessel and Ferry Operators published on April 17, 2020 by the Marine Safety and Security Directorate of Transport Canada, as amended from time to time.
Marginal note:Ferry vessels
18 The authorized representative and master of a ferry vessel must ensure that the applicable requirements set out in section 2, paragraph 16(1)(a) or (b) and subsection 16(2) are met and must comply with the requirement set out in section 17.
Prohibition — Authorized Representative and Master
Marginal note:Prohibition
19 The authorized representative, and master, of a vessel referred to in section 2 or a cruise ship referred in subsection 6(1) must not permit the vessel or cruise ship to contravene any of the restrictions or prohibitions set out in this Interim Order.
Enforcement
Marginal note:Persons ensuring compliance
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20 (1) The following persons are authorized to ensure compliance with this Interim Order:
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Marginal note:Powers and duties
(2) A person who is authorized to ensure compliance with this Interim Order may
Marginal note:Obligation to comply
21 A person or vessel must comply with any direction given to them or a requirement or prohibition imposed on them under subsection 20(2).
Repeal
22 The Interim Order No. 6 Respecting Passenger Vessel Restrictions Due to the Coronavirus Disease 2019 (COVID-19), made on August 11, 2021, is repealed.
SCHEDULE(Subsection 1(1))Passenger Vessels That Provide Essential Services
| Item | Vessels | |
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| 1 | A vessel operating to protect public health or safety or the marine environment including a vessel that is involved in | |
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(a) search and rescue operations; or |
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(b) emergency or environmental response. |
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| 2 | A vessel that supports the activities of any of the following at their request: | |
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(a) the Minister; |
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(b) the Minister of Fisheries and Oceans; |
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(c) a member of the Canadian Coast Guard; or |
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(d) a peace officer in the performance of their duties. |
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| 3 | A vessel that operates when it is the most practical means to | |
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(a) give passengers access to their domicile or residence or their place of employment; |
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(b) give passengers access to essential goods and services, including |
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(i) goods or services directly related to the response to COVID-19, including medical equipment, testing and laboratory services, (ii) essential health services, including primary health care services and pharmacies, and (iii) food, potable water, pharmaceuticals and fuel; |
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(c) transport cargo to resupply communities, businesses or industry; or |
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(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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Supporting Documents
- COVID-19: Guidance Material for Essential Passenger Vessel and Ferry Operators – Guidance for marine industry
- Measures to mitigate the spread of COVID-19 on passenger vessels and ferries - SSB No.: 08/2021 (amendments 2021-11-01)
- Measures to Mitigate the Spread of COVID-19 on Passenger Vessels and Ferries - SSB No.: 12/2020 (modified June 30, 2020)
- Updated guidelines respecting the mobility of asymptomatic, presumed non-COVID-19-carrying* seafarers in the marine sector during the COVID-19 pandemic - SSB No.: 16/2021
- Measures to Mitigate the Spread of COVID-19 on Canadian Vessels and Foreign Passenger Vessels Operating in Canadian Waters - SSB No.: 17/2021