Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 73

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 73 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 4.71Note de bas de page a and 4.9Note de bas de page b, paragraphs 7.6(1)(a)Note de bas de page c and (b)Note de bas de page d and section 7.7Note de bas de page e of the Aeronautics ActNote de bas de page f;

Whereas, pursuant to subsection 6.41(1.1)Note de bas de page g of the Aeronautics ActNote de bas de page f, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

Therefore, the Deputy Minister of Transport makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 73 under subsection 6.41(1.1)Note de bas de page g of the Aeronautics ActNote de bas de page f.

Ottawa, September 22, 2022

Le sous-ministre des Transports,
 
Michael Keenan
Deputy Minister of Transport

Interpretation

Note marginale :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)

    COVID-19

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

    COVID-19 antigen test

    COVID-19 antigen test means a COVID-19 screening or diagnostic immunoassay that

    • (a) detects the presence of a viral antigen indicating the presence of COVID-19;

    • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;

    • (c) if the test is self-administered, is observed and produces a result that is verified

      • (i) in person by an accredited laboratory or testing provider, or

      • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and

    • (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)

    COVID-19 molecular test

    COVID-19 molecular test means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that

    • (a) if the test is self-administered, is observed and produces a result that is verified

      • (i) in person by an accredited laboratory or testing provider, or

      • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or

    • (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)

    customs officer

    customs officer has the same meaning as officer in subsection 2‍(1) of the Customs Act. (agent des douanes)

    foreign national

    foreign national has the same meaning as in subsection 2‍(1) of the Immigration and Refugee Protection Act. (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)

    quarantine officer

    quarantine officer means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)

    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 authority

    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. (administration de contrôle)

    screening officer

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

    testing provider

    testing provider means

    • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or

    • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)

    variant of concern

    variant of concern means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)

  • Note marginale :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.

  • Note marginale :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.

  • Definition of mask

    (4) For the purposes of this Interim Order, a mask means any mask, including a non-medical mask, that meets all of the following requirements:

    • (a) it is made of multiple layers of tightly woven materials such as cotton or linen;

    • (b) it completely covers a person’s nose, mouth and chin without gaping;

    • (c) it can be secured to a person’s head with ties or ear loops.

  • Note marginale :Masks — lip reading

    (5) Despite paragraph (4)(a), the portion of a mask in front of a wearer’s lips may be made of transparent material that permits lip reading if

    • (a) the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and

    • (b) there is a tight seal between the transparent material and the rest of the mask.

Notification

Note marginale :Quarantine plan and vaccination

 A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that, where applicable, they are required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, their quarantine plan and information related to their COVID-19 vaccination, or, if the person is not required under that order to provide their plan and information, their contact information, using the ArriveCAN application or website. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.

Note marginale :ArriveCAN — verification

  •  (1) At the request of the Minister, a private operator or air carrier operating a flight referred to in section 2 must verify, before a person boards the aircraft, whether the person has provided evidence that they have submitted the information required by the ArriveCAN application or website.

  • Note marginale :ArriveCAN — information

    (2) Before boarding the aircraft, the person must provide to the private operator or air carrier operating the flight evidence that they have submitted the information required by the ArriveCAN application or website.

  • Note marginale :Exception

    (3) Subsection (2) does not apply to a person who is not required under an order made under section 58 of the Quarantine Act to submit the information by electronic means.

  • Note marginale :ArriveCAN — evidence

    (4) For the purposes of subsections (1) and (2), an ArriveCAN receipt that contains a six-character code or QR code is evidence that the information has been submitted.

  • Note marginale :Records

    (5) If a person does not comply with subsection (2), the private operator or air carrier must

    • (a) keep a record of

      • (i) the date and flight number,

      • (ii) the person’s name and date of birth, and

      • (iii) the type of travel document used by the person and the travel document number; and

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

  • Note marginale :Retention period

    (6) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.

  • Note marginale :Ministerial request

    (7) The private operator or air carrier must make the record available to the Minister on request.

Note marginale :Copy of record

 A private operator or air carrier must provide a copy of the record referred to in subsection 3(5) to the Public Health Agency of Canada within one hour after the flight’s departure.

Foreign Nationals

Note marginale :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.

Note marginale :Exception

 Section 5 does not apply to a foreign national who is permitted to enter Canada under an order made under section 58 of the Quarantine Act.

Confirmation of Health Status

Note marginale :Non-application

 Sections 8 and 9 do not apply to the following persons:

  • (a) a crew member;

  • (b) a person boarding an aircraft only to become a crew member on board another aircraft operated by an air carrier;

  • (c) a person boarding an aircraft after having been a crew member on board an aircraft operated by an air carrier; or

  • (d) a person boarding an aircraft to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member.

Note marginale :Notification

  •  (1) 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 be denied permission to board the aircraft if

    • (a) the person exhibits a fever and a cough or a fever and breathing difficulties;

    • (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or

    • (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.

  • Note marginale :Confirmation

    (2) 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:

    • (a) the person exhibits a fever and a cough or a fever and breathing difficulties;

    • (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or

    • (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.

  • Note marginale :False confirmation — notice to person

    (3) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers or a confirmation that they know to be false or misleading.

  • Note marginale :False confirmation — obligations of person

    (4) A person who is required to provide a confirmation under subsection (2) must

    • (a) answer all questions; and

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

  • Note marginale :Exception

    (5) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who is required to give a confirmation under subsection (2).

  • Note marginale :Observations — private operator or air carrier

    (6) 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 of the symptoms referred to in paragraph (1)(a).

Note marginale :Prohibition

  •  (1) 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 private operator or air carrier observes that, as the person is boarding, they exhibit

      • (i) a fever and cough, or

      • (ii) a fever and breathing difficulties;

    • (b) the person’s confirmation under subsection 8(2) indicates that one of the situations described in paragraph 8(2)(a) or (b) applies to that person;

    • (c) the person is a competent adult and refuses to give the confirmation under subsection 8(2); or

    • (d) the person’s confirmation under subsection 8(2) indicates that the situation described in paragraph 8(2)(c) applies to that person.

  • Note marginale :Exception

    (2) Paragraphs (1)(a) and (b) do not apply to a person who can provide a medical certificate certifying that any symptoms referred to in paragraph 8(2)(a) that they are exhibiting are not related to COVID-19 or who has a result for one of the COVID-19 tests described in subsection 13(1).

[10 reserved]

COVID-19 Tests — Flights to Canada

Note marginale :Application

  •  (1) Sections 13 to 17 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

  • Note marginale :Non-application

    (2) Sections 13 to 17 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test.

[12 reserved]

Note marginale :Evidence — result of test

  •  (1) Before boarding an aircraft for a flight, every person must provide to the private operator or air carrier operating the flight evidence that they received either

    • (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time;

    • (b) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time; or

    • (c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time.

  • Note marginale :Location of test — outside Canada

    (1.1) The COVID-19 tests referred to in paragraphs (1)(a) and (b) must be performed outside Canada.

  • Note marginale :Evidence — location of test

    (2) For the purposes of paragraphs (1)(a) and (b) and subsection (1.1), the COVID-19 molecular test or COVID-19 antigen test must not have been performed in a country where, as determined by the Minister of Health, there is an outbreak of a variant of concern or there are reasonable grounds to believe that there is an outbreak of such a variant.

Note marginale :Evidence — alternative testing protocol

 Despite subsections 13(1) and (1.1), a person referred to in section 2.22 of the Order entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) must, before boarding an aircraft for a flight, provide to the private operator or air carrier operating the flight evidence of a COVID-19 molecular test or a COVID-19 antigen test that was carried out in accordance with an alternative testing protocol referred to in that section.

Note marginale :Evidence — molecular test

  •  (1) Evidence of a result for a COVID-19 molecular test must include

    • (a) the name and date of birth of the person from whom the specimen was collected for the test;

    • (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;

    • (c) the date the specimen was collected and the test method used; and

    • (d) the test result.

  • Note marginale :Evidence — antigen test

    (2) Evidence of a result for a COVID-19 antigen test must include

    • (a) the name and date of birth of the person from whom the specimen was collected for the test;

    • (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;

    • (c) the date the specimen was collected and the test method used; and

    • (d) the test result.

Note marginale :False or misleading evidence

 A person must not provide evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test that they know to be false or misleading.

Note marginale :Notice to Minister

 A private operator or air carrier that has reason to believe that a person has provided evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test that is likely to be false or misleading must notify the Minister as soon as feasible of the person’s name and contact information and the date and number of the person’s flight.

Note marginale :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 the person does not provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test in accordance with the requirements set out in section 13 or 13.1.

Masks

Note marginale :Non-application

  •  (1) Sections 19 to 24 do not apply to any of the following persons:

    • (a) a child who is less than two years of age;

    • (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;

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

    • (d) a person who is unconscious;

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

    • (f) a crew member;

    • (g) a gate agent.

  • Note marginale :Mask readily available

    (2) An adult responsible for a child who is at least two years of age but less than six years of age must ensure that a mask is readily available to the child before boarding an aircraft for a flight.

  • Note marginale :Wearing of mask

    (3) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 21 and complies with any instructions given by a gate agent under section 22 if the child

    • (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or

    • (b) is at least six years of age.

Note marginale :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 the person must

  • (a) be in possession of a mask before boarding;

  • (b) wear the 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

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

Note marginale :Obligation to possess mask

 Every person who is at least six years of age must be in possession of a mask before boarding an aircraft for a flight.

Note marginale :Wearing of mask — persons

  •  (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.

  • Note marginale :Exceptions — person

    (2) Subsection (1) does not apply

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

    • (b) when the person is drinking or eating, unless a crew member instructs the person to wear a mask;

    • (c) when the person is taking oral medications;

    • (d) when a gate agent or a crew member authorizes the removal of the 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 mask to verify the person’s identity.

  • Note marginale :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.

Note marginale :Compliance

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

Note marginale :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 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 mask.

Note marginale :Refusal to comply

  •  (1) 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 mask, the private operator or air carrier must

    • (a) keep a record of

      • (i) the date and flight number,

      • (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,

      • (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).

  • Note marginale :Retention period

    (2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.

  • Note marginale :Ministerial request

    (3) The private operator or air carrier must make the record available to the Minister on request.

Note marginale :Wearing of mask — crew member

  •  (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.

  • Note marginale :Exceptions — crew member

    (2) Subsection (1) does not apply

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

    • (b) when the wearing of a 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.

  • Note marginale :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.

Note marginale :Wearing of mask — gate agent

  •  (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a mask during the boarding process for a flight that the private operator or air carrier operates.

  • Note marginale :Exceptions

    (2) Subsection (1) does not apply

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

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

  • Note marginale :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

Note marginale :Non-application

  •  (1) Sections 28 and 28.1 do not apply to any of the following persons:

    • (a) a child who is less than two years of age;

    • (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;

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

    • (d) a person who is unconscious;

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

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

  • Note marginale :Wearing of mask

    (2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 28 or 28.1 if the child

    • (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or

    • (b) is at least six years of age.

Note marginale :Wearing of mask — persons on board

 A person who is on board an aircraft must wear a 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.

Note marginale :Wearing of mask — customs and border processing area

 A person must wear a mask at all times when they are in the customs and border processing area.

Screening Authority

Note marginale :Non-application

  •  (1) Sections 30 to 33 do not apply to any of the following persons:

    • (a) a child who is less than two years of age;

    • (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;

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

    • (d) a person who is unconscious;

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

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

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

  • Note marginale :Wearing of mask

    (2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under subsection 30(2) and removes it when required by a screening officer to do so under subsection 30(3) if the child

    • (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or

    • (b) is at least six years of age.

Note marginale :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 mask at all times during screening.

  • Note marginale :Wearing of mask — person

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

  • Note marginale :Requirement to remove mask

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

  • Note marginale :Wearing of mask — screening officer

    (4) A screening officer must wear a 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.

Note marginale :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 mask at all times.

  • Note marginale :Wearing of mask — screening officer

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

  • Note marginale :Exceptions

    (3) Subsection (2) does not apply

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

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

Note marginale :Exception — physical barrier

 Sections 30 and 31 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.

Note marginale :Prohibition — passenger screening checkpoint

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

  • Note marginale :Prohibition — non-passenger screening checkpoint

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

Designated Provisions

Note marginale :Designation

  •  (1) The provisions of this Interim Order set out in column 1 of the schedule 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.

  • Note marginale :Maximum amounts

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

  • Note marginale :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. 72, made on September 9, 2022, is repealed.

SCHEDULE(Subsections 34(1) and (2))Designated Provisions

Column 1 Column 2
Designated Provision Maximum Amount of Penalty ($)
Individual Corporation
     
Section 2 5,000 25,000
Subsection 3(1) 5,000 25,000
Subsection 3(2) 5,000  
Subsection 3(5) 5,000 25,000
Section 4 5,000 25,000
Section 5 5,000 25,000
Subsection 8(1) 5,000 25,000
Subsection 8(2) 5,000  
Subsection 8(3) 5,000 25,000
Subsection 8(4) 5,000  
Subsection 8(6) 5,000 25,000
Subsection 9(1) 5,000 25,000
Subsection 13(1) 5,000  
Section 13.1 5,000  
Section 15 5,000  
Section 16 5,000 25,000
Section 17 5,000 25,000
Subsection 18(2) 5,000  
Subsection 18(3) 5,000  
Section 19 5,000 25,000
Section 20 5,000  
Subsection 21(1) 5,000 25,000
Section 22 5,000  
Section 23 5,000 25,000
Subsection 24(1) 5,000 25,000
Subsection 24(2) 5,000 25,000
Subsection 24(3) 5,000 25,000
Subsection 25(1) 5,000 25,000
Subsection 26(1) 5,000 25,000
Subsection 27(2) 5,000  
Section 28 5,000  
Section 28.1 5,000  
Subsection 29(2) 5,000  
Subsection 30(1)   25,000
Subsection 30(2) 5,000  
Subsection 30(3) 5,000  
Subsection 30(4) 5,000  
Subsection 31(1) 5,000  
Subsection 31(2) 5,000  
Subsection 33(1)   25,000
Subsection 33(2)   25,000