Repealed - Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46

From: Transport Canada

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

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

Therefore, the Minister of Transport, pursuant to subsection 6.41(1)Footnote g of the Aeronautics ActFootnote f, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 46.

Ottawa, November 26, 2021

Le ministre des Transports,
Omar Alghabra
Minister of Transport

Interpretation

Marginal note:Definitions

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

    aerodrome property

    aerodrome property means, in respect of an aerodrome listed in Schedule 2, any air terminal buildings, restricted areas or facilities used for activities related to aircraft operations that are located at the aerodrome. (terrains de l’aérodrome)

    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 molecular test

    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)

    document of entitlement

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

    foreign national

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

    non-passenger screening checkpoint

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

    passenger screening checkpoint

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

    peace officer

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

    Regulations

    Regulations means the Canadian Aviation Regulations. (Règlement)

    restricted area

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

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

  • Marginal note:Interpretation

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

  • Marginal note:Conflict

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

  • 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:

    • (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.

  • 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

    • (a) the rest of the face 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 face mask.

  • Definition of fully vaccinated person

    (6) For the purposes of this Interim Order, a fully vaccinated person means a person who completed, at least 14 days before the day on which they access aerodrome property or a location where NAV CANADA provides civil air navigation services, a COVID-19 vaccine dosage regimen if

    • (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,

      • (i) the vaccine has been administered to the person in accordance with its labelling, or

      • (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6‍(1) of the Public Health Agency of Canada Act, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or

    • (b) in all other cases,

      • (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and

      • (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer appointed under subsection 6‍(1) of the Public Health Agency of Canada Act, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19.

  • Marginal note:Interpretation — fully vaccinated person

    (7) For greater certainty, for the purposes of the definition fully vaccinated person in subsection (6), a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.

Notification

Marginal note:Federal, provincial and territorial measures

  • 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.

  • 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.

  • 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 permission to board the aircraft and may be liable to a fine if this requirement applies to them and they fail to comply with it.

  • Marginal note:False confirmation

    (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.

  • Marginal note:Definitions

    (5) The following definitions apply in this section.

    quarantine officer

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

    screening officer

    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

  • 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.

  • Marginal note:False confirmation

    (2) A person must not provide a confirmation referred to in subsection (1) that they know to be false or misleading.

  • 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:

  • (a) a crew member;

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

Marginal note:Health check

  • 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:

    • (a) a fever;

    • (b) a cough;

    • (c) breathing difficulties.

  • 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 be denied permission to board the aircraft if

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

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

    • (c) they have been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or

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

  • Marginal note: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:

    • (a) the person has, or suspects that they have, COVID-19;

    • (b) the person has been denied permission to board an aircraft in the previous 14 days for a medical reason related to COVID-19;

    • (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.

  • Marginal note:False confirmation — 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.

  • Marginal note:False confirmation — 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

    • (a) answer all questions; and

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

  • 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.

  • 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

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

    • (i) a fever and cough, or

    • (ii) a fever and breathing difficulties;

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

    • (i) a fever and cough, or

    • (ii) a fever and breathing difficulties;

  • (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

  • (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 denial, 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

  • 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.

  • 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 be denied permission 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

  • 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

    • (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

    • (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.

  • 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.

Marginal note:Evidence — elements

14 Evidence of a result for a COVID-19 molecular test must include

  • (a) the person’s name and date of birth;

  • (b) the name and civic address of the laboratory that administered the test;

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

  • (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.

Vaccination or COVID-19 Molecular Test — Flights Departing from an Aerodrome in Canada

Marginal note:Application

  • 17.1 (1) Sections 17.2 to 17.17 apply to all of the following persons:

    • (a) a person boarding an aircraft for a flight that an air carrier operates departing from an aerodrome listed in Schedule 2;

    • (b) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight that an air carrier operates;

    • (c) an air carrier operating a flight departing from an aerodrome listed in Schedule 2;

    • (d) a screening authority at an aerodrome listed in Schedule 2.

  • Marginal note:Non-application

    (2) Sections 17.2 to 17.17 do not apply to any of the following persons:

    • (a) a child who is less than 12 years and four months of age;

    • (b) a crew member;

    • (c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier

      • (i) only to become a crew member on board another aircraft operated by an air carrier,

      • (ii) after having been a crew member on board an aircraft operated by an air carrier, or

      • (iii) 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;

    • (d) a person who arrives at an aerodrome from any other country on board an aircraft in order to transit to another country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the aerodrome until they leave Canada;

    • (e) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who boards an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight.

Marginal note:Notification

17.2 An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that they

  • (a) are prohibited from boarding the aircraft unless they are a fully vaccinated person, have received a result for a COVID-19 molecular test or are a person referred to in subsection 17.4(2);

  • (b) will be required to confirm to the air carrier that they are a fully vaccinated person, have received a result for a COVID-19 molecular test or are a person referred to in subsection 17.4(2);

  • (c) may be required to provide to the air carrier evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person, evidence that they have received a result for a COVID-19 molecular test or evidence that they are a person referred to in subsection 17.4(2);

  • (d) may be denied permission to board the aircraft if a requirement referred to in paragraph (b) or (c) applies to them and they fail to comply with it, and, in the case of the requirement referred to in paragraph (c), may be denied permission to board any other aircraft for a flight departing from Canada for a period of 72 hours after the first denial; and

  • (e) may be liable to a monetary penalty if they provide a confirmation referred to in subsection 17.3(1) that they know to be false or misleading.

Marginal note:Confirmation

  • 17.3 (1) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they

    • (a) are a fully vaccinated person;

    • (b) have received a result for a COVID-19 molecular test; or

    • (c) are a person referred to in subsection 17.4(2).

  • Marginal note:Exception

    (2) 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:Exception — person less than 16 years of age

    (3) Subsection (1) does not apply to a person who is less than 16 years of age and who is travelling alone.

Marginal note:Prohibition — person

  • 17.4 (1) A person is prohibited from boarding an aircraft for a flight or entering a restricted area unless

    • (a) they are a fully vaccinated person; or

    • (b) they have received a result for a COVID-19 molecular test.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a person who is boarding the aircraft for a flight to an aerodrome in Canada if the initial scheduled departure time of that flight is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country.

Marginal note:Request for evidence — air carrier

  • 17.5 (1) Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to board an aircraft for a flight that the air carrier operates, the air carrier must request that each of those persons provide

    • (a) evidence of COVID-19 vaccination demonstrating that they are a fully vaccinated person;

    • (b) evidence that they have received a result for a COVID-19 molecular test; or

    • (c) evidence that they are a person referred to in subsection 17.4(2).

  • Marginal note:Person less than 16 years of age

    (2) An air carrier must request that every person described in subsection 17.3(3) provide, before they board an aircraft for a flight that the air carrier operates, the evidence referred to in paragraph (1)(a), (b) or (c).

Marginal note:Request for evidence — screening authority

17.6 Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to enter a restricted area, the screening authority must request that each of those persons, when they present themselves for screening at a passenger screening checkpoint, provide the evidence referred to in paragraph 17.5(1)(a), (b) or (c).

Marginal note:Provision of evidence

17.7 A person must, at the request of an air carrier or a screening authority, provide to the air carrier or screening authority the evidence referred to in paragraph 17.5(1)(a), (b) or (c).

Marginal note:Evidence of vaccination — elements

  • 17.8 (1) Evidence of COVID-19 vaccination must be evidence issued by the government or the non-governmental entity that is authorized to issue it in the jurisdiction in which the vaccine was administered and must contain the following information:

    • (a) the name of the person who received the vaccine;

    • (b) the name of the government or of the non-governmental entity;

    • (c) the brand name or any other information that identifies the vaccine that was administered; and

    • (d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document specifies only the date on which the most recent dose was administered, that date.

  • Marginal note:Evidence of vaccination — translation

    (2) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Marginal note:Evidence of COVID-19 molecular test — result

  • 17.9 (1) A result for a COVID-19 molecular test is a result described in paragraph 13(1)(a) or (b).

  • Marginal note:Evidence of COVID-19 molecular test — elements

    (2) Evidence of a result for a COVID-19 molecular test must include the elements set out in paragraphs 14(a) to (d).

Marginal note:Evidence — person referred to in subsection 17.4(2)

17.10 Evidence that the person is a person referred to in subsection 17.4(2) means a travel itinerary or boarding pass that shows that the initial scheduled departure time of the person’s flight to an aerodrome in Canada is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country.

Marginal note:False or misleading confirmation or evidence

17.11 A person must not provide a confirmation or evidence that they know to be false or misleading.

Marginal note:Notice to Minister

17.12 An air carrier or screening authority that has reason to believe that a person has provided a confirmation or evidence that is likely to be false or misleading must notify the Minister of the person’s name and contact information and the date and number of the person’s flight not more than 72 hours after the provision of the confirmation or evidence.

Marginal note:Prohibition — air carrier

  • 17.13 (1) An air carrier must not permit a person to board an aircraft for a flight that the air carrier operates if

    • (a) the person is a competent adult and does not provide a confirmation that they are required to provide under section 17.3; or

    • (b) the person does not provide the evidence they are required to provide under section 17.7.

  • Marginal note:Notification to person

    (2) An air carrier that denies a person permission to board an aircraft under paragraph (1)(b) must notify the person that

    • (a) they are not permitted to board an aircraft for a flight departing from Canada for a period of 72 hours after the denial; and

    • (b) the Minister will be informed of the denial.

Marginal note:Prohibition — screening authority

  • 17.14 (1) A screening authority must not permit a person to enter a restricted area if the person does not provide the evidence they are required to provide under section 17.7.

  • Marginal note:Notification to person

    (2) A screening authority that denies a person entry to a restricted area under subsection (1) must notify the person that

    • (a) they are not permitted to enter a restricted area at any aerodrome in Canada for a period of 72 hours after the denial; and

    • (b) the Minister will be informed of the denial.

  • Marginal note:Notification to air carrier

    (3) If a screening authority denies a person entry to a restricted area, the screening authority must notify the air carrier operating the flight that the person has been denied entry and provide the person’s name and flight number to the air carrier.

  • Marginal note:Air carrier requirements

    (4) An air carrier that has been notified under subsection (3) must ensure that the person is escorted to a location where they can retrieve their checked baggage, as defined in section 3 of the Canadian Aviation Security Regulations, 2012, if applicable.

Marginal note:Prohibition — boarding an aircraft

  • 17.15 (1) A person who is denied permission to board an aircraft under paragraph 17.13(1)(b) is not permitted to board an aircraft for a flight departing from Canada for a period of 72 hours after the denial.

  • Marginal note:Prohibition — entry to restricted area

    (2) A person who is denied entry to a restricted area under subsection 17.14(1) is not permitted to enter a restricted area at any aerodrome in Canada for a period of 72 hours after the denial.

Marginal note:Record keeping — air carrier

  • 17.16 (1) An air carrier must keep a record of the following information in respect of a person each time the person is denied permission to board an aircraft under paragraph 17.13(1)(b):

    • (a) the person’s name and contact information, including the person’s home address, telephone number and email address;

    • (b) the date and flight number; and

    • (c) the reason why the person was denied permission to board the aircraft.

  • Marginal note:Retention

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

  • Marginal note:Ministerial request

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

Marginal note:Record keeping — screening authority

  • 17.17 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.14(1):

    • (a) the person’s name;

    • (b) the date and flight number; and

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

  • Marginal note:Retention

    (2) The screening authority must retain the record for a period of at least 12 months after the day on which it was created.

  • Marginal note:Ministerial request

    (3) The screening authority must make the record available to the Minister on request.

[17.18 and 17.19 reserved]

Policy Respecting Mandatory Vaccination

Marginal note:Application

17.20 Sections 17.21 to 17.25 apply to

  • (a) the operator of an aerodrome listed in Schedule 2;

  • (b) an air carrier operating a flight departing from an aerodrome listed in Schedule 2, other than an air carrier who operates a commercial air service under Subpart 1 of Part VII of the Regulations; and

  • (c) NAV CANADA.

Definition of relevant person

  • 17.21 (1) For the purposes of sections 17.22 to 17.25, relevant person, in respect of an entity referred to in section 17.20, means a person whose duties involve an activity described in subsection (2) and who is

    • (a) an employee of the entity;

    • (b) an employee of the entity’s contractor or agent or mandatary;

    • (c) a person hired by the entity to provide a service;

    • (d) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property; or

    • (e) a person permitted by the entity to access aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services.

  • Marginal note:Activities

    (2) For the purposes of subsection (1), the activities are

    • (a) conducting or directly supporting activities that are related to commercial flight operations — such as aircraft refuelling services, aircraft maintenance and repair services, baggage handling services, supply services for the operator of an aerodrome, an air carrier or NAV CANADA, runway and taxiway maintenance services or de-icing services — and that take place on aerodrome property or at a location where NAV CANADA provides civil air navigation services;

    • (b) interacting in-person on aerodrome property with a person who intends to board an aircraft for a flight;

    • (c) engaging in tasks, on aerodrome property or at a location where NAV CANADA provides civil air navigation services, that are intended to reduce the risk of transmission of the virus that causes COVID-19; and

    • (d) accessing a restricted area at an aerodrome listed in Schedule 2.

Marginal note:Comprehensive policy — operators of aerodromes

  • 17.22 (1) The operator of an aerodrome must establish and implement a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

  • Marginal note:Policy — content

    (2) The policy must

    • (a) subject to paragraph (b), require that as of November 15, 2021, a person who is 12 years and four months of age or older be a fully vaccinated person before accessing aerodrome property, other than a person

      • (i) who intends to board an aircraft for a flight that an air carrier operates,

      • (ii) who does not intend to board an aircraft for a flight and who is accessing aerodrome property for leisure purposes or to accompany a person who intends to board an aircraft for a flight, or

      • (iii) who is the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3;

    • (b) provide for a procedure for granting an exemption to a person referred to in paragraph (a) from the requirement to be a fully vaccinated person if the person

      • (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious beliefs, or

      • (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;

    • (c) provide for a procedure for issuing a document to a person who has been granted an exemption referred to in paragraph (b) that confirms the granting of the exemption;

    • (d) provide for a procedure that ensures that a person referred to in paragraph (a) provides, on request, the following evidence before accessing aerodrome property:

      • (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.8, and

      • (ii) in the case of a person who has been granted an exemption referred to in paragraph (b), the document issued to the person under the procedure referred to in paragraph (c);

    • (e) provide for a procedure that allows a person to whom sections 17.31 to 17.40 apply — other than a person referred to in subsection 17.34(2) — who is a fully vaccinated person or a person who has been granted an exemption referred to in paragraph (b) and who is unable to provide the evidence referred to in paragraph (d), to temporarily access aerodrome property if they provide a declaration confirming that they are a fully vaccinated person or that they have been granted the exemption;

    • (f) provide for a procedure that ensures that a person who has been granted an exemption referred to in paragraph (b) is tested for COVID-19 at least twice every week;

    • (g) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (f) receives a result for a COVID-19 molecular test;

    • (h) provide for a procedure that ensures that a person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (f) or (g) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later; and

    • (i) provide for a procedure that ensures that a person referred to in paragraph (h) is exempt from the requirement referred to in paragraph (f) for a period of 180 days after the person received a positive result for a COVID-19 molecular test.

  • Marginal note:Medical contraindication

    (3) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a person on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner certifying that they cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

  • Marginal note:Religious belief

    (4) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a person on the basis of their sincerely held religious belief only if they submit an attestation, sworn by them, that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious beliefs.

  • Marginal note:Canadian Human Rights Act

    (5) For the purposes of subparagraph (2)(b)(i), in the case of an employee of the operator of an aerodrome or a person hired by the operator of an aerodrome to provide a service, the policy must provide that an exemption is to be granted to a person on the basis of their sincerely held religious beliefs only if the operator of the aerodrome is obligated to accommodate them on the basis of this ground under the Canadian Human Rights Act by providing such an exemption.

  • Marginal note:Applicable legislation

    (6) For the purposes of subparagraph (2)(b)(i), in the following cases, the policy must provide that an exemption is to be granted to a person on the basis of their sincerely held religious beliefs only if they would be entitled to such an exemption as an accommodation on the basis of this ground under applicable legislation:

    • (a) in the case of an employee of the operator of an aerodrome’s contractor or agent or mandatary; and

    • (b) in the case of an employee of the operator of an aerodrome’s lessee, if the property that is subject to the lease is part of aerodrome property.

Marginal note:Comprehensive policy — air carriers and NAV CANADA

17.23 Section 17.24 does not apply to an air carrier or NAV CANADA if that entity

  • (a) establishes and implements a comprehensive policy respecting mandatory COVID-19 vaccination in accordance with paragraphs 17.24(2)(a) to (h) and subsections 17.24(3) to (6); and

  • (b) has procedures in place to ensure that while a relevant person is carrying out their duties related to commercial flight operations, no in-person interactions occur between the relevant person and an unvaccinated person who has not been granted an exemption referred to in paragraph 17.24(2)(b) and who is

    • (i) an employee of the entity,

    • (ii) an employee of the entity’s contractor or agent or mandatary,

    • (iii) a person hired by the entity to provide a service, or

    • (iv) the entity’s lessee or an employee of the entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Marginal note:Targeted policy — air carriers and NAV CANADA

  • 17.24 (1) An air carrier or NAV CANADA must establish and implement a targeted policy respecting mandatory COVID-19 vaccination in accordance with subsection (2).

  • Marginal note:Policy — content

    (2) The policy must

    • (a) subject to paragraph (b), require that as of November 15, 2021, a relevant person, other than the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3, be a fully vaccinated person before accessing aerodrome property or, in the case of NAV CANADA, a location where NAV CANADA provides civil air navigation services;

    • (b) provide for a procedure for granting an exemption to a relevant person from the requirement to be a fully vaccinated person if the relevant person

      • (i) has not completed a COVID-19 vaccine dosage regimen due to a medical contraindication or their sincerely held religious beliefs, or

      • (ii) received the first dose of a COVID-19 vaccine dosage regimen before November 15, 2021;

    • (c) provide for a procedure for issuing a document to a relevant person who has been granted an exemption referred to in paragraph (b) that confirms the granting of the exemption;

    • (d) provide for a procedure that ensures that a relevant person provides, on request, the following evidence before accessing aerodrome property:

      • (i) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.8, and

      • (ii) in the case of a relevant person who has been granted an exemption referred to in paragraph (b), the document issued to the relevant person under the procedure referred to in paragraph (c);

    • (e) provide for a procedure that ensures that a relevant person who has been granted an exemption referred to in paragraph (b) is tested for COVID-19 at least twice every week;

    • (f) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 test, other than a COVID-19 molecular test, under the procedure referred to in paragraph (e) receives a result for a COVID-19 molecular test;

    • (g) provide for a procedure that ensures that a relevant person who receives a positive result for a COVID-19 molecular test under the procedure referred to in paragraph (e) or (f) is prohibited from accessing aerodrome property for a period of 14 days after the result was received or until the relevant person is not exhibiting any of the symptoms referred to in subsection 8(1), whichever is later;

    • (h) provide for a procedure that ensures that a relevant person referred to in paragraph (g) is exempt from the requirement referred to in paragraph (e) for a period of 180 days after the relevant person received a positive result for a COVID-19 molecular test;

    • (i) set out procedures for reducing the risk that a relevant person will be exposed to the virus that causes COVID-19 due to an in-person interaction occurring on aerodrome property or at a location where NAV CANADA provides civil air navigation services with an unvaccinated person who has not been granted an exemption under paragraph (b) and who is a person referred to in subparagraph 17.23(b)(i), (ii), (iii) or (iv), which may include protocols related to

      • (i) the vaccination of persons, other than relevant persons, who access aerodrome property or a location where NAV CANADA provides civil air navigation services,

      • (ii) physical distancing and the wearing of face masks, and

      • (iii) reducing the frequency and duration of in-person interactions;

    • (j) establish a procedure for collecting the following information with respect to an in-person interaction related to commercial flight operations between a relevant person and a person referred to in subparagraph 17.23(b)(i), (ii), (iii) or (iv) who is unvaccinated and has not been granted an exemption under paragraph (b) or whose vaccination status is unknown:

      • (i) the time, date and location of the interaction, and

      • (ii) contact information for the relevant person and the other person;

    • (k) establish a procedure for recording the following information and submitting it to the Minister on request:

      • (i) the number of relevant persons who are subject to the entity’s policy,

      • (ii) the number of relevant persons who require access to a restricted area,

      • (iii) the number of relevant persons who

        • (A) are fully vaccinated persons,

        • (B) have received the first dose of a COVID-19 vaccine dosage regimen, and

        • (C) are unvaccinated persons,

      • (iv) the number of hours during which relevant persons were unable to fulfill their duties related to commercial flight operations due to COVID-19,

      • (v) the number of relevant persons who have been granted an exemption referred to in paragraph (b), the reason for granting the exemption and a confirmation that the relevant persons have submitted evidence of COVID-19 tests in accordance with the requirements referred to in paragraphs (e) and (f),

      • (vi) the number of relevant persons who refuse to comply with a requirement referred to in paragraph (a), (e), (f) or (g),

      • (vii) the number of relevant persons who were denied entry to a restricted area because of a refusal to comply with a requirement referred to in paragraph (a), (e), (f) or (g),

      • (viii) the number of persons referred to in subparagraphs 17.23(b)(i) to (iv) who are unvaccinated and who have not been granted an exemption under paragraph (b), or whose vaccination status is unknown, who have an in-person interaction related to commercial flight operations with a relevant person and a description of any procedures implemented to reduce the risk that a relevant person will be exposed to the virus that causes COVID-19 due to such an interaction, and

      • (ix) the number of instances in which the air carrier or NAV CANADA, as applicable, is made aware that a person with respect to whom information was collected under paragraph (j) received a positive result for a COVID-19 test, the number of relevant persons tested for COVID-19 as a result of this information, the results of those tests and a description of any impacts on commercial flight operations; and

    • (l) require the air carrier or NAV CANADA, as applicable, to keep the information referred to in paragraph (k) for a period of at least 12 months after the date that the information was recorded.

  • Marginal note:Medical contraindication

    (3) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a relevant person on the basis of a medical contraindication only if they provide a medical certificate from a medical doctor or nurse practitioner certifying that they cannot complete a COVID-19 vaccination regimen due to a medical condition and specifying whether the condition is permanent or temporary.

  • Marginal note:Religious belief

    (4) For the purposes of subparagraph (2)(b)(i), the policy must provide that an exemption is to be granted to a relevant person on the basis of their sincerely held religious belief only if they submit an attestation, sworn by them, that they have not completed a COVID-19 vaccination regimen due to their sincerely held religious beliefs.

  • Marginal note:Canadian Human Rights Act

    (5) For the purposes of subparagraph (2)(b)(i), in the case of an employee of an entity or a person hired by an entity to provide a service, the policy must provide that an exemption is to be granted to a relevant person on the basis of their sincerely held religious beliefs only if the entity is obligated to accommodate the relevant person on the basis of this ground under the Canadian Human Rights Act by providing such an exemption.

  • Marginal note:Applicable legislation

    (6) For the purposes of subparagraph (2)(b)(i), in the following cases, the policy must provide that an exemption is to be granted to a relevant person on the basis of their sincerely held religious beliefs only if they would be entitled to such an exemption as an accommodation on the basis of this ground under applicable legislation:

    • (a) in the case of an employee of an entity’s contractor or agent or mandatary; and

    • (b) in the case of an employee of an entity’s lessee, if the property that is subject to the lease is part of aerodrome property.

Marginal note:Ministerial request — policy

  • 17.25 (1) The operator of an aerodrome, an air carrier or NAV CANADA must make a copy of the policy referred to in section 17.22, 17.23 or 17.24, as applicable, available to the Minister on request.

  • Marginal note:Ministerial request — implementation

    (2) The operator of an aerodrome, an air carrier or NAV CANADA must make information related to the implementation of the policy referred to in section 17.22, 17.23 or 17.24, as applicable, available to the Minister on request.

[17.26 to 17.29 reserved]

Vaccination — Aerodromes in Canada

Marginal note:Application

  • 17.30 (1) Sections 17.31 to 17.40 apply to all of the following persons:

    • (a) subject to paragraph (c), a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area for a reason other than to board aircraft for a flight;

    • (b) a crew member entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations;

    • (c) a person entering a restricted area at an aerodrome listed in Schedule 2 from a non-restricted area to board an aircraft for a flight

      • (i) only to become a crew member on board another aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations,

      • (ii) after having been a crew member on board an aircraft operated by an air carrier under Subpart 3, 4 or 5 of Part VII of the Regulations, or

      • (iii) to participate in mandatory training required by an air carrier in relation to the operation of an aircraft operated under Subpart 3, 4 or 5 of Part VII of the Regulations, if the person will be required to return to work as a crew member;

    • (d) a screening authority at an aerodrome where persons other than passengers are screened or can be screened;

    • (e) the operator of an aerodrome listed in Schedule 2.

  • Marginal note:Non-application

    (2) Sections 17.31 to 17.40 do not apply to any of the following persons:

    • (a) a child who is less than 12 years and four months of age;

    • (b) a person who arrives at an aerodrome on board an aircraft following the diversion of their flight for a safety-related reason, such as adverse weather or an equipment malfunction, and who enters a restricted area to board an aircraft for a flight not more than 24 hours after the arrival time of the diverted flight;

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

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

    • (e) the holder of an employee identification document issued by a department or departmental corporation listed in Schedule 3.

Marginal note:Prohibition

  • 17.31 (1) A person must not enter a restricted area of an aerodrome unless they are a fully vaccinated person.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a person who has been granted an exemption referred to in paragraph 17.22(2)(b) or 17.24(2)(b).

Marginal note:Provision of evidence

17.32 A person must provide to a screening authority or the operator of an aerodrome, on their request,

  • (a) in the case of a fully vaccinated person, the evidence of COVID-19 vaccination referred to in section 17.8, and

  • (b) in the case of a person who has been granted an exemption referred to in paragraph 17.22(2)(b) or 17.24(2)(b), the document issued to the person under paragraph 17.22(2)(c) or 17.24(2)(c), as applicable.

Marginal note:Request for evidence

17.33 Before permitting a certain number of persons, as specified by the Minister and selected on a random basis, to enter a restricted area, the screening authority must request that each of those persons, when they present themselves for screening at a non-passenger screening checkpoint or a passenger screening checkpoint, provide the evidence referred to in paragraph 17.32(a) or (b).

Marginal note:Declaration

  • 17.34 (1) A person who is a fully vaccinated person or has been granted an exemption referred to in paragraph 17.22(2)(b) and who is unable, following a request to provide evidence under section 17.33, to provide the evidence, may

    • (a) sign a declaration confirming that they are a fully vaccinated person or that they have been granted an exemption referred to in paragraph 17.22(2)(b); or

    • (b) if the person has signed a declaration under paragraph (a) no more than seven days before the day on which the request to provide evidence is made, provide that declaration.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to the holder of a document of entitlement that expires within seven days after the day on which the request to provide evidence under section 17.33 is made.

  • Marginal note:Notification to aerodrome operator

    (3) If a person signs a declaration referred to in paragraph (1)(a), the screening authority must notify the operator of the aerodrome as soon as feasible of the person’s name and the number or identifier of the person’s document of entitlement.

  • Marginal note:Provision of evidence

    (4) A person who signed a declaration under paragraph (1)(a) must provide the evidence referred to in paragraph 17.32(a) or (b) to the operator of the aerodrome within seven days after the day on which the declaration is signed.

  • Marginal note:Suspension of restricted area access

    (5) An operator of an aerodrome must ensure that the restricted area access of a person who does not provide the evidence within seven days as required under subsection (4) is suspended until the person provides the evidence.

Marginal note:Record keeping — suspension

  • 17.35 (1) The operator of the aerodrome must keep a record of the following information in respect of a person each time the restricted area access of the person is suspended under subsection 17.34(5):

    • (a) the person’s name;

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

    • (c) the date of the suspension; and

    • (d) the reason for the suspension.

  • Marginal note:Retention

    (2) The operator must retain the record for a period of at least 12 months after the day on which the record was created.

  • Marginal note:Ministerial request

    (3) The operator of the aerodrome must make the record available to the Minister on request.

Marginal note:Prohibition

  • 17.36 (1) A screening authority must deny entry to a restricted area if a person, following a request to provide evidence under section 17.33, does not provide the evidence or, if applicable, does not sign or provide a declaration under subsection 17.34(1).

  • Marginal note:Notification to aerodrome operator

    (2) If a screening authority denies entry to a restricted area it must notify the operator of the aerodrome as soon as feasible of the person’s name and, if applicable, the number or identifier of the person’s document of entitlement.

Marginal note:False or misleading evidence

17.37 A person must not provide evidence that they know to be false or misleading.

Marginal note:Notice to Minister

17.38 A screening authority or the operator of an aerodrome that has reason to believe that a person has provided evidence that is likely to be false or misleading must notify the Minister of the person’s name and, if applicable, the number or identifier of the person’s document of entitlement no later than 72 hours after the provision of the evidence.

Marginal note:Record keeping — denial of entry

  • 17.39 (1) A screening authority must keep a record of the following information in respect of a person each time the person is denied entry to a restricted area under subsection 17.36(1):

    • (a) the person’s name;

    • (b) the number or identifier of the person’s document of entitlement, if applicable;

    • (c) the date on which the person was denied entry and the location; and

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

  • Marginal note:Retention

    (2) The screening authority must retain the record for a period of at least 12 months after the day on which the record was created.

  • Marginal note:Ministerial request

    (3) The screening authority must make the record available to the Minister on request.

Marginal note:Requirement to establish and implement

17.40 The operator of an aerodrome must ensure that a document of entitlement is only issued to a fully vaccinated person or a person who has been granted an exemption referred to in paragraph 17.22(2)(b).

Face Masks

Marginal note:Non-application

  • 18 (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 face mask;

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

    • (d) a person who is unconscious;

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

    • (f) a crew member;

    • (g) a gate agent.

  • 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.

  • 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

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

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

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

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

  • (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

  • (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

  • 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.

  • Marginal note:Exceptions — person

    (2) Subsection (1) does not apply

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

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

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

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

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

  • Marginal note:Exceptions — flight deck

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

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

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

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

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

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

Marginal note: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

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

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

Marginal note:Refusal to comply

  • 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

    • (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).

  • Marginal note: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.

  • Marginal note:Ministerial request

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

Marginal note:Wearing of face mask — crew member

  • 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.

  • Marginal note:Exceptions — crew member

    (2) Subsection (1) does not apply

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

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

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

  • Marginal note:Exception — flight deck

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

Marginal note:Wearing of face mask — gate agent

  • 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.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply

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

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

  • Marginal note:Exception — physical barrier

    (3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is 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

  • 27 (1) Section 28 does 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 face mask;

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

    • (d) a person who is unconscious;

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

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

  • 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

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

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

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

Marginal note:Non-application

  • 29 (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 face mask;

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

    • (d) a person who is unconscious;

    • (e) a person who is unable to remove their face 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.

  • 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 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 face mask; or

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

Marginal note:Requirement — passenger screening checkpoint

  • 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.

  • Marginal note:Wearing of face mask — person

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

  • Marginal note:Requirement to remove face mask

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

  • Marginal note:Wearing of face mask — screening officer

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

Marginal note:Requirement — non-passenger screening checkpoint

  • 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.

  • Marginal note:Wearing of face mask — screening officer

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

  • Marginal note:Exceptions

    (3) Subsection (2) does not apply

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

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

Marginal note:Exception — physical barrier

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

  • 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.

  • 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

  • 34 (1) The provisions of this Interim Order set out in column 1 of Schedule 4 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

  • Marginal note:Maximum amounts

    (2) The amounts set out in column 2 of Schedule 4 are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.

  • Marginal note:Notice

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

    • (a) the particulars of the alleged contravention;

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

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

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

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

Repeal

35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 45, made on November 23, 2021, is repealed.

SCHEDULE 1(Subsection 13(2))

Countries and Territories

Item Name
1 Botswana
2 Eswatini
3 India
4 Lesotho
5 Morocco
6 Mozambique
7 Namibia
8 South Africa
9 Zimbabwe

SCHEDULE 2(Subsections 1(1) and 17.1(1) and paragraphs 17.1(2)(c), 17.20(a) and (b), 17.21(2)(d) and 17.30(1)(a) to (c) and (e))

Aerodromes

Name ICAO Location Indicator
Abbotsford International CYXX
Alma CYTF
Bagotville CYBG
Baie-Comeau CYBC
Bathurst CZBF
Brandon Municipal CYBR
Calgary International CYYC
Campbell River CYBL
Castlegar (West Kootenay Regional) CYCG
Charlo CYCL
Charlottetown CYYG
Chibougamau/Chapais CYMT
Churchill Falls CZUM
Comox CYQQ
Cranbrook (Canadian Rockies International) CYXC
Dawson Creek CYDQ
Deer Lake CYDF
Edmonton International CYEG
Fort McMurray CYMM
Fort St. John CYXJ
Fredericton International CYFC
Gander International CYQX
Gaspé CYGP
Goose Bay CYYR
Grande Prairie CYQU
Greater Moncton International CYQM
Halifax (Robert L. Stanfield International) CYHZ
Hamilton (John C. Munro International) CYHM
Îles-de-la-Madeleine CYGR
Iqaluit CYFB
Kamloops CYKA
Kelowna CYLW
Kingston CYGK
Kitchener/Waterloo Regional CYKF
La Grande Rivière CYGL
Lethbridge CYQL
Lloydminster CYLL
London CYXU
Lourdes-de-Blanc-Sablon CYBX
Medicine Hat CYXH
Mont-Joli CYYY
Montréal (Montréal — Pierre Elliott Trudeau International) CYUL
Nanaimo CYCD
North Bay CYYB
Ottawa (Macdonald-Cartier International) CYOW
Penticton CYYF
Prince Albert (Glass Field) CYPA
Prince George CYXS
Prince Rupert CYPR
Québec (Jean Lesage International) CYQB
Quesnel CYQZ
Red Deer Regional CYQF
Regina International CYQR
Rivière-Rouge/Mont-Tremblant International CYFJ
Rouyn-Noranda CYUY
Saint John CYSJ
Sarnia (Chris Hadfield) CYZR
Saskatoon (John G. Diefenbaker International) CYXE
Sault Ste. Marie CYAM
Sept-Îles CYZV
Smithers CYYD
St. Anthony CYAY
St. John’s International CYYT
Stephenville CYJT
Sudbury CYSB
Sydney (J.A. Douglas McCurdy) CYQY
Terrace CYXT
Thompson CYTH
Thunder Bay CYQT
Timmins (Victor M. Power) CYTS
Toronto (Billy Bishop Toronto City) CYTZ
Toronto (Lester B. Pearson International) CYYZ
Toronto/Buttonville Municipal CYKZ
Val-d’Or CYVO
Vancouver International CYVR
Victoria International CYYJ
Wabush CYWK
Whitehorse (Erik Nielsen International) CYXY
Williams Lake CYWL
Windsor CYQG
Winnipeg (James Armstrong Richardson International) CYWG
Yellowknife CYZF

SCHEDULE 3(Subparagraph 17.22(2)(a)(iii) and paragraphs 17.24(2)(a) and 17.30(2)(e))

Departments and Departmental Corporations

Name
Canada Border Services Agency
Correctional Service of Canada
Department of Agriculture and Agri-Food
Department of Fisheries and Oceans
Department of Health
Department of the Environment
Department of Transport
Public Health Agency of Canada
Royal Canadian Mounted Police

SCHEDULE 4(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
Section 17.2   25,000
Subsection 17.3(1) 5,000  
Subsection 17.4(1) 5,000  
Subsection 17.5(1)   25,000
Subsection 17.5(2)   25,000
Section 17.6   25,000
Section 17.7 5,000  
Section 17.11 5,000  
Section 17.12   25,000
Subsection 17.13(1)   25,000
Subsection 17.13(2)   25,000
Subsection 17.14(1)   25,000
Subsection 17.14(2)   25,000
Subsection 17.14(3)   25,000
Subsection 17.14(4)   25,000
Subsection 17.15(1) 5,000  
Subsection 17.15(2) 5,000  
Subsection 17.16(1)   25,000
Subsection 17.16(2)   25,000
Subsection 17.16(3)   25,000
Subsection 17.17(1)   25,000
Subsection 17.17(2)   25,000
Subsection 17.17(3)   25,000
Subsection 17.22(1)   25,000
Subsection 17.24(1)   25,000
Subsection 17.25(1)   25,000
Subsection 17.25(2)   25,000
Subsection 17.31(1) 5,000  
Section 17.32 5,000  
Section 17.33   25,000
Subsection 17.34(3)   25,000
Subsection 17.34(4) 5,000  
Subsection 17.34(5)   25,000
Subsection 17.35(1)   25,000
Subsection 17.35(2)   25,000
Subsection 17.35(3)   25,000
Subsection 17.36(1)   25,000
Subsection 17.36(2)   25,000
Section 17.37 5,000  
Section 17.38   25,000
Subsection 17.39(1)   25,000
Subsection 17.39(2)   25,000
Subsection 17.39(3)   25,000
Section 17.40   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(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

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