Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19 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.
Ottawa, June 17, 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.
- COVID-19
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COVID-19 means the coronavirus disease 2019. (COVID-19)
- 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)
- Regulations
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Regulations means the Canadian Aviation Regulations. (Règlement)
- screening authority
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screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (administration de contrôle)
- 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)
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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.
Application
Marginal note:Private operators and air carriers
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2 (1) Subject to subsection (2), this Interim Order applies to private operators that operate an aircraft under Subpart 4 of Part VI of the Regulations and air carriers that operate an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations and their passengers, as follows:
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Marginal note:Exception
(2) Section 3 does not apply to air carriers that operate an aircraft under Subpart 1 of Part VII of the Regulations.
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Marginal note:Screening authority
(3) Sections 26 to 29 apply to the screening authority 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.
Flights in Canada
Marginal note:Notification
3 A private operator or air carrier operating a flight between two points in Canada must notify every person that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.
Flights to Canada Except Flights from the United States
Marginal note:Prohibition
4 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.
Marginal note:Exception
5 Section 4 does not apply to a foreign national who is permitted to enter Canada under the order made by the Governor General in Council, pursuant to 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).
Flights to Canada from the United States
Marginal note:Notification
6 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the order made by the Governor General in Council, pursuant to 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:Confirmation
7 Before boarding an aircraft for a flight departing from the United States, a foreign national must confirm that they have read the order referred to in section 6 and that, to the best of their knowledge, they are not prohibited from entering Canada under that order.
Marginal note:Prohibition
8 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 7.
Marginal note:False declaration
9 A foreign national must not provide a confirmation under section 7 that they know to be false or misleading.
Health Check
Marginal note:Non-application
10 Sections 11 to 14 do not apply to each 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 12(1) that they are exhibiting are not related to COVID-19.
Marginal note:Health check — private operator or air carrier
11 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.
Marginal note:Health check
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12 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit any of the following symptoms:
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Marginal note:Additional questions
(2) In addition to the health check, the private operator or air carrier must ask
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(a) every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
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(b) every person boarding an aircraft for 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 an order issued by a provincial or local public health authority.
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Marginal note:False declaration — obligation of private operator or air carrier
(3) 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.
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Marginal note:False declaration — obligation of person
(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must
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Marginal note:Observations — private operator or air carrier
(5) 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
13 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 they are boarding, the person exhibits
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(c) the person’s answer to any of the additional questions asked of them under subsection 12(2) is in the affirmative; 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 12(1) or (2).
Marginal note:Waiting period of 14 days
14 A person who is not permitted to board an aircraft under section 13 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 12(1) that they are exhibiting are not related to COVID-19.
Face Masks
Marginal note:Non-application
15 Sections 16 to 21 do not apply to each of the following persons:
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(a) an infant;
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(b) a person who has breathing difficulties unrelated to COVID-19;
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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.
Marginal note:Notification
16 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
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(a) the person must be in possession of a face mask prior to boarding;
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(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 2 m or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose; and
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(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
17 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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18 (1) Subject to subsections (2) and (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 when the person is 2 m or less from another person.
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Marginal note:Exceptions — person
(2) Subsection (1) does not apply
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(a) when the only other persons who are 2 m or less from the person are occupants of the person’s dwelling-house or other place that serves that purpose;
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(b) when the safety of the person could be endangered by wearing a face mask;
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(c) when the person is drinking, eating or taking oral medications;
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(d) when a gate agent or a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances; or
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(e) when a gate agent 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 each 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 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 private operator or 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
19 A person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.
Marginal note:Prohibition — private operator or air carrier
20 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
21 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 members
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22 (1) Subject to subsections (2) and (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 when the crew member is 2 m or less from another person.
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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 agents
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23 (1) Subject to subsection (2), 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 2 m or less from another person.
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Marginal note:Exceptions
(2) Subsection (1) does not apply
Deplaning
Marginal note:Non-application
24 Section 25 does not apply to each of the following persons:
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(a) an infant;
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(b) a person who has breathing difficulties unrelated to COVID-19;
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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
25 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 2 m or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose.
Screening Authority
Marginal note:Non-application
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26 (1) Sections 27 to 29 do not apply to each of the following persons:
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(a) an infant;
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(b) a person who has breathing difficulties unrelated to COVID-19;
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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) emergency response provider personnel who are responding to an emergency;
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(f) a peace officer who is responding to a call.
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Marginal note:Definitions — Canadian Aviation Security Regulations, 2012
(2) In this section and sections 27 to 29, non-passenger screening checkpoint, passenger screening checkpoint, peace officer, restricted area and sterile area have the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.
Marginal note:Requirement — passenger screening checkpoint
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27 (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 2 m or less from the person being screened.
Marginal note:Requirement — non-passenger screening checkpoint
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28 (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:Prohibition — passenger screening checkpoint
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29 (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, including a sterile 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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30 (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.
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Marginal note: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.
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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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Repeals
31 The following Interim Orders are repealed:
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(a) the Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7, made on June 4, 2020; and
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(b) the Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10, made on June 4, 2020.
Schedule(Subsections 30(1) and (2))Designated Provisions
| Column 1 | Column 2 | |
|---|---|---|
| Designated Provision | Maximum Amount of Penalty ($) | |
| Individual | Corporation | |
| Section 3 | 5,000 | 25,000 |
| Section 4 | 5,000 | 25,000 |
| Section 6 | 5,000 | 25,000 |
| Section 7 | 5,000 | |
| Section 8 | 5,000 | 25,000 |
| Section 9 | 5,000 | |
| Section 11 | 5,000 | 25,000 |
| Subsection 12(1) | 5,000 | 25,000 |
| Subsection 12(2) | 5,000 | 25,000 |
| Subsection 12(3) | 5,000 | 25,000 |
| Subsection 12(4) | 5,000 | |
| Subsection 12(5) | 5,000 | 25,000 |
| Section 13 | 5,000 | 25,000 |
| Section 14 | 5,000 | |
| Section 16 | 5,000 | 25,000 |
| Section 17 | 5,000 | |
| Subsection 18(1) | 5,000 | 25,000 |
| Section 19 | 5,000 | |
| Section 20 | 5,000 | 25,000 |
| Section 21 | 5,000 | 25,000 |
| Subsection 22(1) | 5,000 | 25,000 |
| Subsection 23(1) | 5,000 | 25,000 |
| Section 25 | 5,000 | |
| Subsection 27(1) | 25,000 | |
| Subsection 27(2) | 5,000 | |
| Subsection 27(3) | 5,000 | |
| Subsection 27(4) | 5,000 | |
| Subsection 28(1) | 5,000 | |
| Subsection 28(2) | 5,000 | |
| Subsection 29(1) | 25,000 | |
| Subsection 29(2) | 25,000 | |