Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 38 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 Deputy 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 Deputy Minister of Transport, pursuant to subsection 6.41(1.1)Footnote g of the Aeronautics ActFootnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 38.
Ottawa, August 28, 2021
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Le sous-ministre des Transports,
Michael Keenan
Deputy 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)
- COVID-19
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COVID-19 means the coronavirus disease 2019. (COVID-19)
- COVID-19 molecular test
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COVID-19 molecular test means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
- 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, except in section 2, 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.
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Definition of face mask
(4) For the purposes of this Interim Order, a face mask means any mask, including a non-medical mask that meets all of the following requirements:
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Marginal note:Face masks — lip reading
(5) Despite paragraph (4)(a), the portion of a face mask in front of a wearer’s lips may be made of transparent material that permits lip reading if
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 measures 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:Suitable quarantine plan
(2) 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 they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, to the Minister of Health, a screening officer or a quarantine officer, by the electronic means specified by that Minister, a suitable quarantine plan or, if the person is not required under that order to provide the plan and the evidence, their contact information. 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.
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Marginal note:Vaccination
(3) 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 they may be required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft or before entering Canada, to the Minister of Health, a screening officer or a quarantine officer, by the electronic means specified by that Minister, information related to their COVID-19 vaccination and evidence of COVID-19 vaccination. The private operator or air carrier must also notify every person that they may be denied boarding and may be liable to a fine if this requirement applies to them and they fail to comply with it.
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Marginal note:False declarations
(4) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1) that they know to be false or misleading.
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Marginal note:Definitions
(5) The following definitions apply in this section.
- quarantine officer
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quarantine officer means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
- screening officer
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screening officer has the same meaning as in section 2 of the Quarantine Act. (agent de contrôle)
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:False declaration
(2) A person must not provide a confirmation referred to in subsection (1) that they know to be false or misleading.
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Marginal note:Exception
(3) A competent adult may provide a confirmation referred to in subsection (1) 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).
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 made under section 58 of the Quarantine Act.
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.
COVID-19 Molecular Test — Flights to Canada
Marginal note:Application
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11 (1) Sections 12 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.
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Marginal note:Non-application
(2) Sections 12 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.
Marginal note:Notification
12 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 may not be permitted to board the aircraft if they are unable to provide evidence that they received a result for a COVID-19 molecular test.
Marginal note:Evidence — result of test
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13 (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
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(a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the aircraft’s initial scheduled departure time; or
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(b) a positive result for such a test that was performed on a specimen collected at least 14 days and no more than 180 days before the aircraft’s initial scheduled departure time.
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Marginal note:Evidence — location of test
(2) For the purposes of subsection (1), the COVID-19 molecular test must have been performed in a country or territory that is not listed in Schedule 1.
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Marginal note:Application — Morocco
(3) Beginning on August 29, 2021 at 00:01 a.m. Eastern daylight time, subsection (2) applies to persons who board an aircraft for a flight departing from the country listed at item 2 of Schedule 1.
Marginal note:Evidence — elements
14 Evidence of a result for a COVID-19 molecular test must include
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(a) the person’s name and date of birth;
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(b) the name and civic address of the laboratory that administered the test;
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(c) the date the specimen was collected and the test method used; and
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(d) the test result.
Marginal note:False or misleading evidence
15 A person must not provide evidence of a result for a COVID-19 molecular test that they know to be false or misleading.
Marginal note:Notice to Minister
16 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 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.
Marginal note:Prohibition
17 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 in accordance with the requirements set out in section 13.
Face Masks
Marginal note:Non-application
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18 (1) Sections 19 to 24 do not apply to any of the following persons:
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(a) a child who is less than two years of age;
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(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 face mask;
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(c) 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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(d) a person who is unconscious;
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(e) a person who is unable to remove their face mask without assistance;
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(f) a crew member;
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(g) a gate agent.
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Marginal note:Face 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 face mask is readily available to the child before boarding an aircraft for a flight.
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Marginal note:Wearing of face mask
(3) An adult responsible for a child must ensure that the child wears a face 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
Marginal note:Notification
19 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 before 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
20 Every person who is at least six years of age must be in possession of a face mask before boarding an aircraft for a flight.
Marginal note:Wearing of face mask — persons
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21 (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.
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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 or eating, unless a crew member instructs the person to wear a face mask;
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(c) when the person is 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 unforeseen circumstances or the person’s special needs; or
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(e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the face mask to verify the person’s identity.
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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
22 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
23 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
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24 (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 face mask, the private operator or air carrier must
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Marginal note:Retention period
(2) The private operator or air carrier must retain the record referred to in paragraph (1)(a) for a period of at least 12 months after the day of the flight.
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Marginal note:Ministerial request
(3) The private operator or air carrier must make the records referred to in paragraph (1)(a) available to the Minister on request.
Marginal note:Wearing of face mask — crew member
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25 (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.
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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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26 (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
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27 (1) Section 28 does not apply to any of the following persons:
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(a) a child who is less than two years of age;
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(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 face mask;
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(c) 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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(d) a person who is unconscious;
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(e) a person who is unable to remove their face mask without assistance;
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(f) a person who is on a flight that originates in Canada and is destined to another country.
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Marginal note:Wearing of face mask
(2) An adult responsible for a child must ensure that the child wears a face mask when wearing one is required under section 28 if the child
Marginal note:Wearing of face mask — person
28 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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29 (1) For the purposes of sections 30 and 33, 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 30 to 33 do not apply to any of the following persons:
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(a) a child who is less than two years of age;
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(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 face mask;
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(c) 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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(d) a person who is unconscious;
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(e) a person who is unable to remove their face mask without assistance;
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(f) a member of emergency response provider personnel who is responding to an emergency;
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(g) a peace officer who is responding to an emergency.
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Marginal note:Wearing of face mask
(3) An adult responsible for a child must ensure that the child wears a face 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
Marginal note:Requirement — passenger screening checkpoint
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30 (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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31 (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
32 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.
Marginal note:Prohibition — passenger screening checkpoint
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33 (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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34 (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
35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 37, made on August 20, 2021, is repealed.
SCHEDULE 1(Subsection 13(2))
Countries and Territories
| Item | Name |
|---|---|
| 1 | India |
| 2 | Morocco |
SCHEDULE 2(Subsections 34(1) and (2))Designated Provisions
| Column 1 | Column 2 | |
|---|---|---|
| Designated Provision | Maximum Amount of Penalty ($) | |
| Individual | Corporation | |
| Subsection 2(1) | 5,000 | 25,000 |
| Subsection 2(2) | 5,000 | 25,000 |
| Subsection 2(3) | 5,000 | 25,000 |
| Subsection 2(4) | 5,000 | 25,000 |
| Subsection 3(1) | 5,000 | |
| Subsection 3(2) | 5,000 | |
| 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 | |
| Section 12 | 5,000 | 25,000 |
| Subsection 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 | |
| Subsection 29(3) | 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 | |