Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 10

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 10 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71Footnote a and 4.9Footnote b, paragraphs 7.6(1)(a)Footnote c and (b)Footnote d and section 7.7Footnote e of the Aeronautics ActFootnote f;

And whereas, pursuant to subsection 6.41(1.2)Footnote g of that Act, the Minister of Transport has consulted with the persons and organizations that that Minister considers appropriate in the circumstances before making the annexed Order;

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)Footnote g of the Aeronautics ActFootnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 10.

Ottawa, October 8, 2020

Le ministre des Transports,
 
Marc Garneau
Minister of Transport

Interpretation

Marginal note:Definitions

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

    aerodrome security personnel

    aerodrome security personnel  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)

    air carrier

    air carrier  means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)

    checked baggage

    checked baggage  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)

    COVID-19

    COVID-19  means the coronavirus disease 2019. (COVID-19)

    document of entitlement

    document of entitlement  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)

    elevated temperature

    elevated temperature  means a temperature within the range set out in the standards. (température élevée)

    face mask

    face mask  means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)

    foreign national

    foreign national  means a person who is not a Canadian citizen or a permanent resident and includes a stateless person. (étranger)

    non-passenger screening checkpoint

    non-passenger screening checkpoint  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)

    passenger screening checkpoint

    passenger screening checkpoint  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)

    peace officer

    peace officer  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)

    Regulations

    Regulations  means the Canadian Aviation Regulations. (Règlement)

    restricted area

    restricted area  has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)

    screening officer

    screening officer  has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)

    standards

    standards  means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister, as amended from time to time. (normes)

  • Marginal note:Interpretation

    (2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.

  • Marginal note:Conflict

    (3) In the event of a conflict between this Interim Order and the Regulations or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.

Notification

Marginal note:Federal, provincial and territorial measures

  •  (1) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

  • Marginal note:Quarantine Act Order — other country except United States

    (2) A private operator or air carrier operating a flight to Canada departing from any other country except the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).

  • Marginal note:Quarantine Act Order — United States

    (3) A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

  • Marginal note:False declarations

    (4) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1), (2) or (3) that they know to be false or misleading.

Confirmation

Marginal note:Federal, provincial and territorial measures

  •  (1) Before boarding an aircraft for a flight between two points in Canada or a flight to Canada departing from any other country, every person must confirm to the private operator or air carrier operating the flight that they understand that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

  • Marginal note:Quarantine Act Order — other country except United States

    (2) Before boarding an aircraft for a flight to Canada departing from any other country except the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(2).

  • Marginal note:Quarantine Act Order — United States

    (3) Before boarding an aircraft for a flight to Canada departing from the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(3).

  • Marginal note:False declaration

    (4) A person must not provide a confirmation under subsection (1), (2) or (3) that they know to be false or misleading.

  • Marginal note:Exception

    (5) A competent adult may provide a confirmation referred to in subsection (1), (2) or (3) on behalf of a person who is not a competent adult.

Marginal note:Prohibition

 A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must not permit a person to board the aircraft for the flight if the person is a competent adult and does not provide a confirmation that they are required to provide under subsection 3(1), (2) or (3).

Foreign Nationals

Marginal note:Prohibition

 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.

Marginal note:Exception

 Section 5 does not apply to a foreign national who is permitted to enter Canada under an Order referred to in subsection 2(2) or (3).

Health Check

Marginal note:Non-application

 Sections 8 to 10 do not apply to either of the following persons:

  • (a) a crew member;

  • (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Marginal note:Health check

  •  (1) A private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight that the private operator or air carrier operates by asking questions to verify whether they exhibit any of the following symptoms:

    • (a) a fever;

    • (b) a cough;

    • (c) breathing difficulties.

  • Marginal note:Additional questions

    (2) In addition to the health check, the private operator or air carrier must ask every person boarding an aircraft for a flight that the private operator or air carrier operates

    • (a) whether they have, or suspect they have, COVID-19;

    • (b) whether they have been not permitted to board an aircraft in the previous 14 days for a medical reason related to COVID-19; and

    • (c) in the case of a flight departing in Canada, whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

  • Marginal note:Notification

    (3) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may not be permitted to board the aircraft if

    • (a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;

    • (b) they have, or suspect they have, COVID-19;

    • (c) they have been not permitted to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or

    • (d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

  • Marginal note:False declaration — obligation of private operator or air carrier

    (4) The private operator or air carrier must advise every person not to provide answers that they know to be false or misleading with respect to the health check and the additional questions.

  • Marginal note:False declaration — obligations of person

    (5) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

    • (a) answer all questions; and

    • (b) not provide answers that they know to be false or misleading.

  • Marginal note:Exception

    (6) A competent adult may answer all questions on behalf of a person who is not a competent adult and who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions.

  • Marginal note:Observations — private operator or air carrier

    (7) During the boarding process for a flight that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the aircraft is exhibiting any symptoms referred to in subsection (1).

Marginal note:Prohibition

 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

  • (a) the person’s answers to the health check questions indicate that they exhibit

    • (i) a fever and cough, or

    • (ii) a fever and breathing difficulties;

  • (b) the private operator or air carrier observes that, as they are boarding, the person exhibits

    • (i) a fever and cough, or

    • (ii) a fever and breathing difficulties;

  • (c) the person’s answer to any of the additional questions asked of them under subsection 8(2) is in the affirmative; or

  • (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or (2).

Marginal note:Period of 14 days

 A person who is not permitted to board an aircraft under section 9 is not permitted to board another aircraft for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Temperature Screening — Flights to Canada

Marginal note:Application

  •  (1) Sections 12 to 18 apply to an air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

  • Marginal note:Non-application

    (2) Sections 12 to 18 do not apply to either of the following persons:

    • (a) an infant;

    • (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Marginal note:Requirement

  •  (1) An air carrier must conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

  • Marginal note:Second screening

    (2) The air carrier must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Marginal note:Notification

  •  (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

  • Marginal note:Confirmation

    (2) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Marginal note:Prohibition — elevated temperature

  •  (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must

    • (a) not permit the person to board the aircraft; and

    • (b) notify the person that they are not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

  • Marginal note:Prohibition — refusal

    (2) If a person refuses to be subjected to a temperature screening, the air carrier must not permit the person to board the aircraft.

Marginal note:Period of 14 days

 A person who is not permitted to board an aircraft under section 14 is not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Marginal note:Requirement — equipment

 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under subsection 12(2) to ensure that the equipment is in proper operating condition.

Marginal note:Requirement — training

 An air carrier must ensure that the person using the equipment to conduct temperature screenings under subsection 12(2) has been trained to operate that equipment and interpret the data that it produces.

Marginal note:Record keeping — equipment

  •  (1) An air carrier must keep a record of the following information in respect of each flight it operates:

    • (a) the number of persons who were not permitted to board the aircraft under paragraph 14(1)(a);

    • (b) the date and flight number;

    • (c) the make and model of the equipment that the air carrier used to conduct the temperature screenings under subsection 12(2);

    • (d) the date and time that that equipment was last calibrated and last maintained, as well as the name of the person who performed the calibration or maintenance; and

    • (e) the results of the last calibration and the activities performed during the last maintenance of that equipment, including any corrective measures taken.

  • Marginal note:Record keeping — training

    (2) An air carrier must keep a record of the name of every person who has received training under section 17, as well as the contents of the training.

  • Marginal note:Retention period

    (3) The air carrier must retain the records referred to in subsection (1) for a period of 90 days after the day of the flight.

  • Marginal note:Ministerial access

    (4) The air carrier must make the records referred to in subsections (1) and (2) available to the Minister on request.

Temperature Screening — Aerodromes in Canada

Definition of screening authority

  •  (1) For the purposes of this section and sections 20 to 30, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

  • Marginal note:Application

    (2) Sections 20 to 30 apply to all of the following persons:

    • (a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 1 from a non-restricted area;

    • (b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 1;

    • (c) the operator of an aerodrome listed in Schedule 1;

    • (d) a screening authority at an aerodrome listed in Schedule 1;

    • (e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 1.

  • Marginal note:Non-application

    (3) Sections 20 to 30 do not apply to any of the following persons:

    • (a) an infant;

    • (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19;

    • (c) a member of emergency response provider personnel who is responding to an emergency;

    • (d) a peace officer who is responding to an emergency.

Marginal note:Requirement

 A person entering a restricted area within an air terminal building from a non-restricted area within the air terminal building must do so at a passenger screening checkpoint or non-passenger screening checkpoint.

Marginal note:Requirement — temperature screening

  •  (1) A screening authority must conduct a temperature screening of every person who presents themselves at a passenger screening checkpoint or non-passenger screening checkpoint within an air terminal building for the purpose of entering a restricted area from a non-restricted area and of every person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

  • Marginal note:Second screening

    (2) Following a rest period of 10 minutes, the screening authority must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Marginal note:Notification — consequence of elevated temperature

  •  (1) An air carrier must notify every person, other than a crew member, who intends to board an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 21(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

  • Marginal note:Confirmation — consequence of elevated temperature

    (2) Before passing beyond a passenger screening checkpoint to board an aircraft for a flight, every person other than a crew member must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 21(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Marginal note:Prohibition — elevated temperature

  •  (1) If the temperature screening conducted under subsection 21(2) indicates that the person has an elevated temperature, the screening authority must

    • (a) deny the person entry to the restricted area; and

    • (b) notify the person that they are not permitted to board an aircraft for a flight originating in Canada or enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

  • Marginal note:Prohibition — refusal

    (2) If a person refuses to be subjected to a temperature screening, the screening authority must deny them entry to the restricted area.

Marginal note:Period of 14 days

 A person who is denied entry to the restricted area under section 23 is not permitted to enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Marginal note:Denial — person intending to board aircraft

  •  (1) If, under section 23, a screening authority denies entry to a restricted area to a person who intends to board an aircraft for a flight, other than a crew member, the screening authority must, for the purpose of paragraph 25(4)(a), notify the air carrier operating the flight that that person has been denied entry to the restricted area and provide the person’s name and flight number to the air carrier.

  • Marginal note:Denial — person not intending to board aircraft

    (2) If, under section 23, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight, the screening authority must, for the purpose of subsection 25(5), provide the following information to the operator of the aerodrome:

    • (a) the person’s name as it appears on their document of entitlement;

    • (b) the number or identifier of the person’s document of entitlement; and

    • (c) the reason why the person was denied entry to the restricted area.

  • Marginal note:Denial — crew member

    (3) If, under section 23, a screening authority denies entry to a restricted area to a crew member, the screening authority must provide the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

  • Marginal note:Denial — air carrier requirements

    (4) An air carrier that has been notified under subsection (1) must

    • (a) ensure that the person is directed to a location where they can retrieve their checked baggage, if applicable; and

    • (b) if the person is escorted to a location where they can retrieve their checked baggage, ensure that the escort wears a face mask and maintains a distance of at least two metres between themselves and the person.

  • Marginal note:Denial — aerodrome operator requirement

    (5) The operator of an aerodrome that has been notified under subsection (2) must suspend the person’s restricted area entry privileges for a period of 14 days after the person was denied entry to the restricted area, unless the person provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

  • Marginal note:Prohibition — restricted area

    (6) If, under section 23, a screening authority denies entry to a restricted area to a crew member or to a person who does not intend to board an aircraft for a flight, the crew member or that person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Marginal note:Requirement — equipment

 A screening authority must ensure that the equipment that it uses to conduct temperature screenings under section 21 is calibrated and maintained so that the equipment is in proper operating condition.

Marginal note:Requirement — training

 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 21 has been trained to operate that equipment and interpret the data that it produces.

Marginal note:Record keeping — equipment

  •  (1) A screening authority must keep a record of the following information with respect to any temperature screening it conducts:

    • (a) the number of persons who are denied entry under paragraph 23(1)(a) at a passenger screening checkpoint;

    • (b) the number of persons who are denied entry under paragraph 23(1)(a) at a non-passenger screening checkpoint;

    • (c) the flight number of any person who is denied entry under paragraph 23(1)(a) at a passenger screening checkpoint and the date on which the person was denied entry;

    • (d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 21;

    • (e) the date and time when that equipment was calibrated and maintained, as well as the name of the person who performed the calibration or maintenance; and

    • (f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.

  • Marginal note:Record keeping — training

    (2) The screening authority must keep a record of the name of every person who has received training under section 27, as well as the contents of the training.

  • Marginal note:Ministerial access

    (3) The screening authority must make the records referred to in subsections (1) and (2) available to the Minister on request.

Marginal note:Temperature screening facilities

 The operator of an aerodrome must make facilities available for temperature screening that are accessible without having to enter a restricted area.

Marginal note:Requirement — air carrier representative

 An air carrier must ensure that the screening authority at the aerodrome has been provided with the name and telephone number of the on-duty representative of the air carrier for the purpose of facilitating the return of checked baggage to persons who are denied entry to a restricted area under section 23.

Face Masks

Marginal note:Non-application

 Sections 32 to 37 do not apply to any of the following persons:

  • (a) an infant;

  • (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;

  • (c) a person who is unconscious;

  • (d) a person who is unable to remove their face mask without assistance;

  • (e) a crew member;

  • (f) a gate agent.

Marginal note:Notification

 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that

  • (a) the person must be in possession of a face mask prior to boarding;

  • (b) the person must wear the face mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building when they are two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose; and

  • (c) the person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Marginal note:Obligation to possess face mask

 Every person must be in possession of a face mask prior to boarding an aircraft for a flight.

Marginal note:Wearing of face mask — persons

  •  (1) Subject to subsections (2) to (4), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the person is two metres or less from another person.

  • Marginal note:Exceptions — person

    (2) Subsection (1) does not apply

    • (a) when the only other persons who are two metres or less from the person are occupants of the person’s dwelling-house or other place that serves that purpose;

    • (b) when the safety of the person could be endangered by wearing a face mask;

    • (c) when the person is drinking, eating or taking oral medications;

    • (d) when a gate agent or a crew member authorizes the removal of the face mask to address unforeseen circumstances or the person’s special needs; or

    • (e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the face mask to verify the person’s identity.

  • Marginal note:Exceptions — flight deck

    (3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:

    • (a) a Department of Transport air carrier inspector;

    • (b) an inspector of the civil aviation authority of the state where the aircraft is registered;

    • (c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;

    • (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;

    • (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.

  • Marginal note:Exception — physical barrier

    (4) During the boarding process, subsection (1) does not apply to a person if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Marginal note:Compliance

 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel or a crew member with respect to wearing a face mask.

Marginal note:Prohibition — private operator or air carrier

 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

  • (a) the person is not in possession of a face mask; or

  • (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.

Marginal note:Refusal to comply

 If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the private operator or air carrier must

  • (a) keep a record of

    • (i) the date and flight number,

    • (ii) the person’s name and contact information,

    • (iii) the person’s seat number, and

    • (iv) the circumstances related to the refusal to comply; and

  • (b) inform the Minister as soon as feasible of any record created under paragraph (a).

Marginal note:Wearing of face mask — crew member

  •  (1) Subject to subsections (2) to (4), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the crew member is two metres or less from another person.

  • Marginal note:Exceptions — crew member

    (2) Subsection (1) does not apply

    • (a) when the safety of the crew member could be endangered by wearing a face mask;

    • (b) when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or

    • (c) when the crew member is drinking, eating or taking oral medications.

  • Marginal note:Exception — flight deck

    (3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.

  • Marginal note:Exception — physical barrier

    (4) During the boarding process, subsection (1) does not apply to a crew member if the crew member is two metres or less from another person and the crew member and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Marginal note:Wearing of face mask — gate agent

  •  (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight that the private operator or air carrier operates when the gate agent is two metres or less from another person.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply

    • (a) when the safety of the gate agent could be endangered by wearing a face mask; or

    • (b) when the gate agent is drinking, eating or taking oral medications.

  • Marginal note:Exception — physical barrier

    (3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is two metres or less from another person and the gate agent and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Deplaning

Marginal note:Non-application

 Section 41 does not apply to any of the following persons:

  • (a) an infant;

  • (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;

  • (c) a person who is unconscious;

  • (d) a person who is unable to remove their face mask without assistance;

  • (e) a person who is on a flight that originates in Canada and is destined to another country.

Marginal note:Wearing of face mask — person

 A person who is on board an aircraft must wear a face mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building by a passenger loading bridge or otherwise when the person is two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose.

Screening Authority

Definition of screening authority

  •  (1) For the purposes of sections 43 and 46, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

  • Marginal note:Non-application

    (2) Sections 43 to 46 do not apply to any of the following persons:

    • (a) an infant;

    • (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;

    • (c) a person who is unconscious;

    • (d) a person who is unable to remove their face mask without assistance;

    • (e) a member of emergency response provider personnel who is responding to an emergency;

    • (f) a peace officer who is responding to an emergency.

Marginal note:Requirement — passenger screening checkpoint

  •  (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a face mask at all times during screening.

  • Marginal note:Wearing of face mask — person

    (2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a face mask at all times during screening.

  • Marginal note:Requirement to remove face mask

    (3) A person who is required by a screening officer to remove their face mask during screening must do so.

  • Marginal note:Wearing of face mask — screening officer

    (4) A screening officer must wear a face mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.

Marginal note:Requirement — non-passenger screening checkpoint

  •  (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a face mask at all times.

  • Marginal note:Wearing of face mask — screening officer

    (2) Subject to subsection (3), a screening officer must wear a face mask at all times at a non-passenger screening checkpoint.

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply

    • (a) when the safety of the screening officer could be endangered by wearing a face mask; or

    • (b) when the screening officer is drinking, eating or taking oral medications.

Marginal note:Exception — physical barrier

 Sections 43 and 44 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Marginal note:Prohibition — passenger screening checkpoint

  •  (1) A screening authority must not permit a person who has been notified to wear a face mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.

  • Marginal note:Prohibition — non-passenger screening checkpoint

    (2) A screening authority must not permit a person who refuses to wear a face mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Marginal note:Designation

  •  (1) The provisions of this Interim Order set out in column 1 of Schedule 2 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

  • Marginal note:Maximum amounts

    (2) The amounts set out in column 2 of Schedule 2 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

  • Marginal note:Notice

    (3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify

    • (a) the particulars of the alleged contravention;

    • (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;

    • (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;

    • (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and

    • (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 9, made on September 28, 2020, is repealed.

SCHEDULE 1(Subsection 19(2))

Aerodromes

Name ICAO Location Indicator
Calgary International Airport CYYC
Edmonton International Airport CYEG
Halifax / Robert L. Stanfield International Airport CYHZ
Kelowna International Airport CYLW
Montréal / Pierre Elliott Trudeau International Airport CYUL
Ottawa / Macdonald-Cartier International Airport CYOW
Québec / Jean Lesage International Airport CYQB
Regina International Airport CYQR
Saskatoon / John G. Diefenbaker International Airport CYXE
St. John’s International Airport CYYT
Toronto / Billy Bishop Toronto City Airport CYTZ
Toronto / Lester B. Pearson International Airport CYYZ
Vancouver International Airport CYVR
Victoria International Airport CYYJ
Winnipeg / James Armstrong Richardson International Airport CYWG

SCHEDULE 2(Subsections 47(1) and (2))Designated Provisions

Column 1 Column 2
Designated Provision Maximum Amount of Penalty ($)
  Individual Corporation
     
Subsection 2(1) 5,000 25,000
Subsection 2(2) 5,000 25,000
Subsection 2(3) 5,000 25,000
Subsection 2(4) 5,000 25,000
Subsection 3(1) 5,000  
Subsection 3(2) 5,000  
Subsection 3(3) 5,000  
Subsection 3(4) 5,000  
Section 4 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000 25,000
Subsection 8(3) 5,000 25,000
Subsection 8(4) 5,000 25,000
Subsection 8(5) 5,000  
Subsection 8(7) 5,000 25,000
Section 9 5,000 25,000
Section 10 5,000  
Subsection 12(1)   25,000
Subsection 12(2)   25,000
Subsection 13(1)   25,000
Subsection 13(2) 5,000  
Subsection 14(1)   25,000
Subsection 14(2)   25,000
Section 15 5,000  
Section 16   25,000
Section 17   25,000
Subsection 18(1)   25,000
Subsection 18(2)   25,000
Subsection 18(3)   25,000
Subsection 18(4)   25,000
Section 20 5,000  
Subsection 21(1)   25,000
Subsection 21(2)   25,000
Subsection 22(1)   25,000
Subsection 22(2) 5,000  
Subsection 23(1)   25,000
Subsection 23(2)   25,000
Section 24 5,000  
Subsection 25(1)   25,000
Subsection 25(2)   25,000
Subsection 25(3)   25,000
Subsection 25(4)   25,000
Subsection 25(5)   25,000
Subsection 25(6) 5,000  
Section 26   25,000
Section 27   25,000
Subsection 28(1)   25,000
Subsection 28(2)   25,000
Subsection 28(3)   25,000
Section 29   25,000
Section 30   25,000
Section 32 5,000 25,000
Section 33 5,000  
Subsection 34(1) 5,000 25,000
Section 35 5,000  
Section 36 5,000 25,000
Section 37 5,000 25,000
Subsection 38(1) 5,000 25,000
Subsection 39(1) 5,000 25,000
Section 41 5,000  
Subsection 43(1)   25,000
Subsection 43(2) 5,000  
Subsection 43(3) 5,000  
Subsection 43(4) 5,000  
Subsection 44(1) 5,000  
Subsection 44(2) 5,000  
Subsection 46(1)   25,000
Subsection 46(2)   25,000