Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 12 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;
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Return to footnote aS.C. 2004, c. 15, s. 5
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Return to footnote bS.C. 2014, c. 39, s. 144
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Return to footnote cS.C. 2015, c. 20, s. 12
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Return to footnote dS.C. 2004, c. 15, s. 18
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Return to footnote eS.C. 2001, c. 29, s. 39
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Return to footnote fR.S., c. A-2
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;
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Return to footnote gS.C. 2004, c. 15, s. 11(1)
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. 12.
Ottawa, November 4, 2020
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Le ministre des Transports,
Marc Garneau
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.
- aerodrome security personnel
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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
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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
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checked baggage has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)
- COVID-19
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COVID-19 means the coronavirus disease 2019. (COVID-19)
- document of entitlement
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document of entitlement has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
- elevated temperature
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elevated temperature means a temperature within the range set out in the standards. (température élevée)
- face mask
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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
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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
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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
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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
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peace officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
- Regulations
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Regulations means the Canadian Aviation Regulations. (Règlement)
- restricted area
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restricted area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
- screening officer
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screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
- standards
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standards means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister, as amended from time to time. (normes)
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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.
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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
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2 (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.
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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).
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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).
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Marginal note:Quarantine plan
(4) A private operator or air carrier operating a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that, starting at 11:59:59 p.m. Eastern Standard Time on November 20, 2020, the person may be required, under an order made under section 58 of the Quarantine Act, to provide to the Minister of Health, before boarding the aircraft and by the electronic means specified by that Minister, a quarantine plan or contact information.
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Marginal note:False declarations
(5) 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
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3 (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.
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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).
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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).
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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.
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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
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 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
5 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
6 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
7 Sections 8 to 10 do not apply to either of the following persons:
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(a) a crew member;
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(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
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8 (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:
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Marginal note:Notification
(2) 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
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(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;
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(b) they have, or suspect that they have, COVID-19;
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(c) they have been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or
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(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.
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Marginal note:Confirmation
(3) Every person boarding an aircraft for a flight that a private operator or air carrier operates must confirm to the private operator or air carrier that none of the following situations apply to them:
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(a) the person has, or suspects that they have, COVID-19;
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(b) the person has been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19;
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(c) in the case of a flight departing in Canada, the person is 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.
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Marginal note:False declaration — obligation of private operator or air carrier
(4) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers, with respect to the health check or a confirmation, that they know to be false or misleading.
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Marginal note:False declaration — obligations of person
(5) A person who, under subsections (1) and (3), is subjected to a health check and is required to provide a confirmation must
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Marginal note:Exception
(6) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who, under subsections (1) and (3), is subjected to a health check and is required to give a confirmation.
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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
9 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
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(a) the person’s answers to the health check questions indicate that they exhibit
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(b) the private operator or air carrier observes that, as the person is boarding, they exhibit
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(c) the person’s confirmation under subsection 8(3) indicates that one of the situations described in paragraphs 8(3)(a), (b) or (c) applies to that person; or
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(d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or to give the confirmation under subsection 8(3).
Marginal note:Period of 14 days
10 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
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11 (1) Sections 12 to 19 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.
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Marginal note:Non-application
(2) Sections 12 to 19 do not apply to either of the following persons:
Marginal note:Requirement
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12 (1) Subject to subsection 19(2), 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.
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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
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13 (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.
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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
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14 (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must
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(a) not permit the person to board the aircraft; and
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(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.
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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
15 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
16 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
17 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
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18 (1) An air carrier must keep a record of the following information in respect of each flight it operates:
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(a) the number of persons who were not permitted to board the aircraft under paragraph 14(1)(a);
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(b) the date and flight number;
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(c) the make and model of the equipment that the air carrier used to conduct the temperature screenings under subsection 12(2);
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(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
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(e) the results of the last calibration and the activities performed during the last maintenance of that equipment, including any corrective measures taken.
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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.
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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.
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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.
Definition of authorized person
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19 (1) For the purposes of this section, authorized person means a person authorized by a competent authority to conduct temperature screenings at an aerodrome located outside of Canada.
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Marginal note:Exception
(2) An air carrier may rely on an authorized person to conduct the temperature screening under subsection 12(1), in which case subsection 12(2) and sections 13, 14, and 16 to 18 do not apply to that air carrier.
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Marginal note:Notification
(3) The air carrier must notify every person boarding the aircraft for the flight that they are not permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.
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Marginal note:Period of 14 days
(4) If the temperature screening indicates that a person has an elevated temperature, that person is not permitted to board an aircraft for a flight to Canada for a period of 14 days after the temperature screening, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.
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Marginal note:Equipment
(5) The air carrier must ensure that the equipment used to conduct those temperature screenings is calibrated and maintained so that the equipment is in proper operating condition.
Temperature Screening — Aerodromes in Canada
Definition of screening authority
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20 (1) For the purposes of this section and sections 21 to 31, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.
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Marginal note:Application
(2) Sections 21 to 31 apply to all of the following persons:
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(a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 1 from a non-restricted area;
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(b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 1;
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(c) the operator of an aerodrome listed in Schedule 1;
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(d) a screening authority at an aerodrome listed in Schedule 1;
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(e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 1.
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Marginal note:Non-application
(3) Sections 21 to 31 do not apply to any of the following persons:
Marginal note:Requirement
21 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
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22 (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.
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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
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23 (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 22(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.
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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 22(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
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24 (1) If the temperature screening conducted under subsection 22(2) indicates that the person has an elevated temperature, the screening authority must
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(a) deny the person entry to the restricted area; and
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(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.
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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
25 A person who is denied entry to the restricted area under section 24 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
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26 (1) If, under section 24, 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 26(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.
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Marginal note:Denial — person not intending to board aircraft
(2) If, under section 24, 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 26(5), provide the following information to the operator of the aerodrome:
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Marginal note:Denial — crew member
(3) If, under section 24, 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.
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Marginal note:Denial — air carrier requirements
(4) An air carrier that has been notified under subsection (1) must
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(a) ensure that the person is directed to a location where they can retrieve their checked baggage, if applicable; and
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(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.
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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.
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Marginal note:Prohibition — restricted area
(6) If, under section 24, 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
27 A screening authority must ensure that the equipment that it uses to conduct temperature screenings under section 22 is calibrated and maintained so that the equipment is in proper operating condition.
Marginal note:Requirement — training
28 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 22 has been trained to operate that equipment and interpret the data that it produces.
Marginal note:Record keeping — equipment
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29 (1) A screening authority must keep a record of the following information with respect to any temperature screening it conducts:
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(a) the number of persons who are denied entry under paragraph 24(1)(a) at a passenger screening checkpoint;
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(b) the number of persons who are denied entry under paragraph 24(1)(a) at a non-passenger screening checkpoint;
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(c) the flight number of any person who is denied entry under paragraph 24(1)(a) at a passenger screening checkpoint and the date on which the person was denied entry;
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(d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 22;
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(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
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(f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.
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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 28, as well as the contents of the training.
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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
30 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
31 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 24.
Face Masks
Marginal note:Non-application
32 Sections 33 to 38 do not apply to any of the following persons:
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(a) an infant;
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(b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
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(c) a person who is unconscious;
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(d) a person who is unable to remove their face mask without assistance;
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(e) a crew member;
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(f) a gate agent.
Marginal note:Notification
33 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 the person must
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(a) be in possession of a face mask prior to boarding;
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(b) 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; and
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(c) 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
34 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
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35 (1) Subject to subsections (2) to (3), 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.
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Marginal note:Exceptions — person
(2) Subsection (1) does not apply
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(a) when the safety of the person could be endangered by wearing a face mask;
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(b) when the person is drinking, eating or taking oral medications;
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(c) 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
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(d) 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.
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Marginal note:Exceptions — flight deck
(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:
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(a) a Department of Transport air carrier inspector;
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(b) an inspector of the civil aviation authority of the state where the aircraft is registered;
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(c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
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(d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
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(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.
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Marginal note:Compliance
36 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
37 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
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(a) the person is not in possession of a face mask; or
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(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
38 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
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(a) keep a record of
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(b) inform the Minister as soon as feasible of any record created under paragraph (a).
Marginal note:Wearing of face mask — crew member
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39 (1) Subject to subsections (2) to (3), 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.
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Marginal note:Exceptions — crew member
(2) Subsection (1) does not apply
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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:Wearing of face mask — gate agent
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40 (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.
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Marginal note:Exceptions
(2) Subsection (1) does not apply
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Marginal note:Exception — physical barrier
(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is separated from any other person by a physical barrier that allows the gate agent and the other person to interact and reduces the risk of exposure to COVID-19.
Deplaning
Marginal note:Non-application
41 Section 42 does not apply to any of the following persons:
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(a) an infant;
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(b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
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(c) a person who is unconscious;
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(d) a person who is unable to remove their face mask without assistance;
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(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
42 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, including by a passenger loading bridge.
Screening Authority
Definition of screening authority
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43 (1) For the purposes of sections 44 and 47, 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.
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Marginal note:Non-application
(2) Sections 44 to 47 do not apply to any of the following persons:
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(a) an infant;
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(b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
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(c) a person who is unconscious;
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(d) a person who is unable to remove their face mask without assistance;
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(e) a member of emergency response provider personnel who is responding to an emergency;
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(f) a peace officer who is responding to an emergency.
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Marginal note:Requirement — passenger screening checkpoint
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44 (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.
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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.
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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.
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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
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45 (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.
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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.
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Marginal note:Exceptions
(3) Subsection (2) does not apply
Marginal note:Exception — physical barrier
46 Sections 44 and 45 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
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47 (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.
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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
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48 (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.
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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.
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Marginal note:Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
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(a) the particulars of the alleged contravention;
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(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;
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(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;
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(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
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(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.
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Repeal
49 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 11, made on October 22, 2020, is repealed.
SCHEDULE 1(Subsection 20(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 48(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 2(5) | 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 | |
| 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 | |
| Subsection 19(3) | 25,000 | |
| Subsection 19(4) | 5,000 | |
| Subsection 19(5) | 25,000 | |
| Section 21 | 5,000 | |
| Subsection 22(1) | 25,000 | |
| Subsection 22(2) | 25,000 | |
| Subsection 23(1) | 25,000 | |
| Subsection 23(2) | 5,000 | |
| Subsection 24(1) | 25,000 | |
| Subsection 24(2) | 25,000 | |
| Section 25 | 5,000 | |
| Subsection 26(1) | 25,000 | |
| Subsection 26(2) | 25,000 | |
| Subsection 26(3) | 25,000 | |
| Subsection 26(4) | 25,000 | |
| Subsection 26(5) | 25,000 | |
| Subsection 26(6) | 5,000 | |
| Section 27 | 25,000 | |
| Section 28 | 25,000 | |
| Subsection 29(1) | 25,000 | |
| Subsection 29(2) | 25,000 | |
| Subsection 29(3) | 25,000 | |
| Section 30 | 25,000 | |
| Section 31 | 25,000 | |
| Section 33 | 5,000 | 25,000 |
| Section 34 | 5,000 | |
| Subsection 35(1) | 5,000 | 25,000 |
| Section 36 | 5,000 | |
| Section 37 | 5,000 | 25,000 |
| Section 38 | 5,000 | 25,000 |
| Subsection 39(1) | 5,000 | 25,000 |
| Subsection 40(1) | 5,000 | 25,000 |
| Section 42 | 5,000 | |
| Subsection 44(1) | 25,000 | |
| Subsection 44(2) | 5,000 | |
| Subsection 44(3) | 5,000 | |
| Subsection 44(4) | 5,000 | |
| Subsection 45(1) | 5,000 | |
| Subsection 45(2) | 5,000 | |
| Subsection 47(1) | 25,000 | |
| Subsection 47(2) | 25,000 | |