Suspended: COVID-19 Guidance material for Ministerial Order 21-09.2

From: Transport Canada

Important Note: Ministerial Order 21-09.2 has been suspended effective June 20, 2022

Important Caveat: Nothing in this guidance document supersedes any requirement or obligation outlined in Transport Canada's Ministerial Order. It is meant to complement this legal document and provide recommendations and guidance on how to understand and carry out the requirements.

Table of Contents

Section 1 – General

Purpose

The purpose of this guidance document is to provide a summary of railway companies' requirements, as well as advice and guidance for railway companies when implementing the requirements under Ministerial Order 21-09.2.

This document complements the other guidance material that has been prepared to accompany the COVID-19 response measures. A link to these documents can be found here: COVID-19 measures, updates, and guidance for rail issued by Transport Canada.

Federal Vaccination Mandate

The pandemic has had a devastating impact on Canada's transportation sector. While public health measures including social distancing and masking have been critical to combatting the spread of the virus, COVID-19 and its variants continue to pose a significant public health risk to Canadians. Therefore, additional measures are needed to ensure the safety and security of Canada's transportation system and facilitate the resumption of safe rail travel. A requirement for travellers and crew to be vaccinated in federally regulated air, rail, and marine sectors enhances the safety of the Canadian transportation system, and builds Canadians' confidence to resume travel, while still adhering to public health measures.

Section 2 - Operational Application

Verification of Proof of Vaccination Credentials

Beginning on November 30, 2021 at 03:01 Eastern Time the railway company must not operate railway equipment on a railway unless it verifies proof of vaccination credential (PVC) of every person, who is not railway company employee and does not fall under an exception, that may board the train.

The timing of verifications can vary between companies based on operational feasibility*.

For example:

  • At the time of Ticket Purchase;
  • At the time of advanced check-in (on-line) or onsite check-in (Kiosk or counter); or
  • At the time of boarding.

*It is best practice that the company advise travellers of these requirements prior to their ticket purchase.

Proof of Vaccination Credential Verified by the Railway Company

Proof of vaccination credential (PVC) is a proof of vaccination confirming that the person is fully vaccinated by completing, at least 14 days prior, a COVID-19 vaccine dosage regimen. A PVC may be presented in three formats: paper, digital or by an ArriveCAN receipt. Although all are accepted, railway companies should promote and encourage the use of digital formats, as they become available.

  1. Digital format:

    The Canadian SMART Health Card is a paper or digital copy of a person's clinical information, including their vaccination history. The Government of Canada has worked with provincial health authorities to develop a pan-Canadian approach to verify proof of vaccination.

    The use of these digital formats at the time of ticket purchase is strongly encouraged, as they:

    • are a secure and verifiable health record that is digitally signed by a trusted authority (for example, the issuing province or territory);
    • use technology that allows officials to verify and authenticate the information without giving access to other health or identity information;
    • prevent forgeries and tampering by detecting any changes to the document after it has been issued; and
    • allow users to hold a digital copy on a portable device, such as a mobile phone or tablet, or to print a copy directly or via a request to their provincial or territorial government, where available.

    For additional information on the SMART Health Card, please consult the following link: About the Canadian COVID-19 proof of vaccination - Canada.ca

  2. Paper format:

    A paper copy must be one that is issued by the government or the non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, and must contain the following information:

    1. the name of the person who received the vaccine;
    2. the name of the government or the name of the non-governmental entity;
    3. the brand name or any other information that identifies the vaccine that was administered; and
    4. the dates on which the vaccine was administered or, if the evidence is one document issued for more than one dose and the document only specifies the date on which the most recent dose was administered, that date.
  3. ArriveCAN receipt with immunization status denoted (for passengers originating outside Canada):

    Persons travelling to Canada are required to use ArriveCAN to provide mandatory travel information before and after their entry into Canada. Once they have submitted their information through ArriveCAN, a receipt is displayed and emailed to them.

    For additional information on ArriveCAN, please consult the following link: Use ArriveCAN to enter Canada - Canada.ca

Fully vaccinated person means a person who, at least 14 days prior to boarding a railway equipment, has completed a COVID-19 vaccine dosage regimen, if;

  1. in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,

    1. the vaccine has been administered to the person in accordance with its labelling, or
    2. 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

  2. in all other cases,

    1. the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
    2. 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.

For additional information on vaccines for COVID-19, please consult the following link: Vaccines for COVID-19 - Canada.ca

Considerations

  • Verifying vaccination credentials after boarding: Vaccination credentials may only be verified after boarding in very limited circumstances, such as in rural or remote locations where verification of passengers' tickets are only processed once boarded and the train is underway. Should the passenger not be able to provide an acceptable PVC, they would be required to get off the train at the next stop.
  • PVC attestation: The railway companies can also choose to use a ‘'PVC attestation” for preliminary screening of passengers. For example, a passenger could be required to attest that they have an acceptable PVC at the time of ticket purchase or during online check-in. However, companies would still be required to implement verification of PVCs prior to boarding.

False declaration

The company must advise every person that it is an offence under section 131 of the Criminal Code to make a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false. It is further an offence under section 366 of the Criminal Code to make a false document, knowing it to be false.

To assist companies, Transport Canada has developed posters that can be used to advise passengers.

Prohibitions

The railway company must deny boarding to any person, who is not an employee and who does not fall under an exception, who fails to provide an acceptable PVC.

The railway company must require removal at the next stop to any person, who is not an employee and who does not fall under an exception, who fails to provide an acceptable PVC when verification is done while the train is already in movement.

The railway company must deny boarding to any person fails to provide the required documents in the required timelines in order to be considered for an exception.

Force majeure : In the event of a situation of force majeure, a railway company may operate railway equipment on a railway without verifying proof of vaccination credentials of a person boarding the railway equipment, but only if the railway company provides a notice to the Minister within 2 hours of boarding.

These specific situations could include urgent or emergency travel related to evacuations caused by natural disaster (e.g. forest fire, floods, etc.), or other urgent or emergency situations. In these cases, a COVID-19 test result will not be required.

Section 3 – Medical and Religious Exceptions

The Ministerial Order requires railway companies to provide exceptions from the requirement to be fully vaccinated in very limited circumstances, namely if the person has either not completed a COVID-19 vaccination regime due to a medical inability or the person's sincerely held religious beliefs or is required to travel to receive essential medical services or treatment.

The railway company should use forms specified by Transport Canada when an exception is applied for a medical inability or on the ground of religion, or for travelling to receive essential medical services and treatment.

A railway company must provide for accommodation measures for persons who are issued an exception from providing a proof of vaccination credential. Further guidance on accommodations can be found in "Section 5: Accommodations” of this document.

Issuing Exceptions:

Railway companies are responsible to ensure that the forms submitted by a person requesting an exception have been duly completed and are accompanied by the appropriate supporting documentations (if applicable). Companies will determine if the person's request was properly submitted for exceptions due to medical inability to be vaccinated, essential medical services or treatment, or sincere religious belief, based on detailed guidance from TC (using this document as a starting point).

A transition period covering the period between November 30, 2021, and December 14, 2021 at 23:59 ET will allow railway companies to provide exceptions from the requirement to be fully vaccinated for a person that has not completed a COVID-19 vaccination regime due to a medical inability or for travelling to receive essential medical services and treatment without ensuring that the required form has been duly completed. In these cases, the railway company will have to ensure that:

  1. In the case of a person requesting an exception to travel to receive essential medical services, and a person that accompanies them provided that they meet the criteria (as applicable):

    1. the person provides a signed document from a medical doctor or nurse practitioner who is licensed to practice in Canada that includes the date of the appointment(s) for the essential medical service or treatment and the location of the appointment(s); and
    2. the date of the essential medical service or treatment is before December 13, 2021.

  2. In the case of a person requesting an exception due to a medical inability:

    1. The person provides a medical note, from a medical doctor or nurse practitioner who is licensed to practice in Canada, that demonstrates the contraindication.

Operational Guidance:

Railway companies are required to develop operational guidance and procedures on how they will receive, evaluate, and accept requests for temporary exceptions, as well as how they will confirm and communicate acceptance of the temporary exception to the person submitting the request, and handle rejected requests. Railway companies' operational guidelines and procedures should be based on public guidance. Details on screening criteria can be found below.

Railway companies should ensure that the required forms are submitted:

  • 21 days before the day initially scheduled for the departure for requests based on medical contraindication or religious beliefs, and
  • 14 days before the day initially scheduled for the departure for requests based on travelling to receive essential medical services or treatment.

In order to provide flexibility to the railway company to address specific cases, the railway company may accept a duly completed temporary exception request at a later date in cases where exceptional circumstances are claimed by the requestor, and as long as it is operationally feasible.

It is also railway companies' responsibility to communicate to passengers details on the temporary exception request and acceptance process, including that they must submit their requests for temporary exceptions before boarding and within the timelines outlined by the company.

Persons whose requests have been accepted are required to carry the completed exception forms and proof of the company’s acceptance with them during their travel journey. Railway companies may verify proof of temporary exception and COVID-19 molecular test results or COVID-19 antigen test results at any time during travel (check-in, boarding, during travel, etc.).

Temporary exceptions due to a medical inability, sincere religious belief, or to travel for essential medical services and treatment is company specific. In other words, a temporary exception by one railway company does not automatically allow the passenger to connect with a different company, or to transfer modes (e.g., from train to plane). These exceptions are deemed to be ‘temporary' as both the exception form and the company-administered exception acceptance are time limited.

A high-level summary of information on exceptions for passengers will be located on this webpage: COVID-19 Boarding flights, trains and cruise ships in Canada – Travel restrictions in Canada – Travel.gc.ca (administered by Health Canada and Treasury Board Secretariat).

Passengers with temporary exceptions due to medical inability, essential medical services or treatment or sincere religious belief will require a valid COVID-19 molecular test result or COVID-19 antigen test result before boarding. Please refer to “Section 5 – Accommodations” of this document for further guidance.

Reviewing and Accepting a Temporary Exception Request

Railway companies must notify the person that the exception request is accepted and issue them a confirmation of acceptance that can be shown at check-in, boarding or while the train is underway. The company must issue confirmation of acceptance to the passenger in advance of boarding.

Temporary exceptions are only valid with the railway company that confirmed the exception and for the period of the booked return trip.

The passenger will be required to present proof of exception to any authority requesting it throughout the trip, including at the time of check-in or boarding, along with their valid COVID-19 molecular test result or COVID-19 antigen test result. Please refer to “Section 5 – Accommodations” of this document for further guidance on COVID-19 molecular tests and COVID-19 antigen tests.

Rejecting a Temporary Exception Request

The railway company will notify the applicant accordingly if an exception request is rejected. The company must issue rejections to the passenger in advance of check-in/boarding.

Passengers without a confirmed exception requests should not be permitted to board. Passengers may re-apply for exception requests within the time period required by the railway company in advance of the planned date of boarding only if they are providing additional information.

Temporary Exceptions due to Medical Inability

Based on the October 22, 2021 recommendation of the National Advisory Committee on Immunization, medical reasons that may qualify a passenger for a temporary exception are as follows (also found in the form):

  1. Certified medical contraindications to full vaccination against COVID-19 with an mRNA vaccine:

    1. A history of anaphylaxis after previous administration of an mRNA COVID-19 vaccine (and noting that most people who experienced a severe immediate allergic reaction after a first dose of an mRNA COVID-19 vaccine can safely receive future doses of the same or another mRNA COVID-19 vaccine after consulting with an allergist or another appropriate physician); and/or
    2. A confirmed allergy to polyethylene glycol (PEG) which is found in the Pfizer-BioNTech and Moderna COVID-19 vaccines (note that if a person is allergic to tromethamine which is found in Moderna, they can receive the Pfizer-BioNTech product).

  2. Medical reasons for delay of full vaccination against COVID-19:

    1. A history of myocarditis/pericarditis following the first dose of an mRNA vaccine; and/or
    2. An immunocompromising condition or medication that requires waiting to vaccinate when immune response can be maximized (i.e., waiting to vaccinate when immunocompromised state or medication is lower).

  3. A medical condition precluding full vaccination against COVID-19 (not covered above), as briefly described by the medical physician or nurse practitioner.

Proof of a Medical Inability

To receive a temporary exception from the mandatory vaccination requirement, passengers must submit to the company a duly completed temporary exception form due to medical inability. This form is available from the company and must be completed prior to departure and in accordance with the company's exception application process. Temporary exception requests due to medical inability must be submitted to the company 3 weeks* in advance, or in accordance with the timelines established by the company.

*A railway company may accept a duly completed temporary exception request where exceptional circumstances are claimed by the person making the exception request and where operationally feasible for the railway company.

A railway company is not required to verify proof of vaccination credential for a person with a medical contraindication boarding the railway equipment until 23:59 ET December 14, 2021, provided that the person provides a medical note, from a medical doctor or nurse practitioner who is licensed to practice in Canada, that demonstrates the contraindication.

Who is considered a medical doctor or nurse practitioner for the purposes of the Mandatory Vaccination Mandate

Considered a (provincial/territorial) licensed medical doctor or a nurse practitioner

Not considered a licensed medical doctor or a nurse practitioner
  • Family doctor
  • Nurse practitioner
  • Allergist
  • Immunologist
  • Cardiologist
  • Rheumatologist
  • Oncologist
  • Paramedical or alternative health providers (e.g., chiropractor, podiatrist, optometrist, naturopath) 
  • Registered nurse (RN), registered practical nurse (RPN), licensed practical nurse (LPN)
  • Physician's assistant (PA)
  • Dentist or dental hygienist
  • Psychologist

Provincial/Territorial medical exemptions

A medical exemption issued by a Canadian province or territory may also be accepted. For those provinces/territories where a medical letter or medical contraindication credential is issued, the traveller must still request to the company an exception by completing and submitting a Medical Inability exception form. The Provincial/Territorial issued letter or credential, however, can be provided in lieu of the Medical Doctor or Nurse Practitioner's signature on the exception form.

To verify authenticity of the Provincial/Territorial exemption, railway companies should refer to the list below. For the most up to date information on Provincial/Territorial exemptions, please visit their webpage.

As of January 10, 2022:

Jurisdiction

Provincial/Territorial Documentation

Direction to traveler

PEI, NWT

Medical Letter issued by Province/Territory following a review process.
  • Complete railway company's exemption form (with the exception of section F of the form) and attach the P/T issued medical letter in lieu of completion of section F by a medical doctor or nurse practitioner.
  • COVID Test required for travel

MB, QC, NL, ON, YK

Medical Contraindication Credential (with or without QR Code) issued following a review process.

Provincial Digital or Physical Immunization Card (exemption not indicated in physical immunization card or digital QR Code)
  • Complete railway company's exemption form (with the exception of section F of the form) and attach the P/T issued medical credential in lieu of completion of section F by a medical doctor or nurse practitioner.
  • COVID Test required for travel

NB, AB, ON, NS, NL

Letter completed by Medical Doctor or Nurse Practitioner licensed to practice in the Province/Territory.
  • Complete railway company's exemption form (with the exception of section F of the form) and attach the completed medical exemption letter in lieu of completion of section F by a medical doctor or nurse practitioner.
  • COVID Test required for travel

BC, NU, YK, SK

N/A - Jurisdictions do not issue medical exemption letters or credentials, and do not provide templates for doctors. Medical exemptions are not recognized in the Province.
  • Complete railway company's exemption form including section F by a medical doctor or nurse practitioner licensed to practice in the Province/Territory.
  • COVID Test required for travel
Types of documents issued or accepted by each province/territory to persons medically unable to be vaccinated against COVID-19:

P/T

Exemption Document

Provincial webpage

British Columbia 

There are no medical exemptions for the COVID-19 vaccines recognized by the Province.

Proof of vaccination and the BC Vaccine Card - Province of British Columbia (gov.bc.ca)

Vaccine Considerations (bccdc.ca)

Alberta 

A valid medical exemption is the original signed letter from a physician or nurse practitioner that includes:

  • Date which the letter was provided.
  • Person's name that matches their identification.
  • Physician's or nurse practitioner's complete information, including:
    • name, phone number, contact information, professional registration number and signature
    • statement that there is a medical reason for not being fully vaccinated against COVID-19
    • duration that the exemption is valid

COVID-19 public health actions | Alberta.ca

Saskatchewan 

As immunization is not mandatory, exemption is not required.

Government of Saskatchewan / Proof of COVID Vaccination / Affidavit Submissions

Manitoba 

Provincial Digital or Physical Immunization Card (exemption not indicated in digital or physical immunization card)

Province of Manitoba | Eligibility Criteria (gov.mb.ca)

Ontario

Enhanced vaccination certificate with official QR Code (exemption not indicated in digital certificate)

Medical Exemption Guidance (gov.on.ca)

Quebec

Provincial Digital Passport (exemption not indicated in digital Passport)

COVID-19 protection status | Gouvernement du Québec (quebec.ca)

New Brunswick

A New Brunswick Medical Exemption template form signed by a physician or nurse practitioner licensed in New Brunswick is accepted as meeting the proof of vaccination policy.  A note written on a prescription pad is not accepted as an exemption form.

Proof of Covid-19 Vaccination (gnb.ca)

Nova Scotia

Valid Medical Contraindication for COVID-19 Vaccination template letter from doctor or nurse practitioner.

Coronavirus (COVID-19): medical exceptions - Government of Nova Scotia, Canada

PEI

Individuals claiming a medical exemption from COVID-19 vaccination will be required to have a Medical Exemption Letter issued by the Chief Public Health Office.

Residents - Important PEI Vax Pass Information | Government of Prince Edward Island

Newfoundland and Labrador

Acceptable proof of an approved medical exemption includes:

  • An electronic QR code downloaded and shown on a mobile device (e.g., tablet or smartphone) (exemption not indicated); or
  • A physical copy of the QR code (exemption not indicated); or,
  • A Valid Medical Exemption for COVID-19 Vaccination letter.

Guidance for Residents - COVID-19 (gov.nl.ca)

Yukon 

Temporary vaccine medical deferral issued by Government of Yukon by way of QR Code credential. Credential will show Vaccines Administered: 0.

Learn about temporary medical deferrals for COVID-19 vaccines | Government of Yukon

Northwest Territories 

Territorial (NTHSSA) Medical Letter of Exemption

Public Notice - Medical Vaccine Exemptions, Travel and Workplace Testing | Health and Social Services Authority (nthssa.ca)

Nunavut 

No medical exemption process defined

Travel and Isolation | Government of Nunavut

NEW!! Note about QR Code Readers:

QR Code readers that indicate an ‘adequately protected’ status message in green (QC), or a green check mark screen (ON), do not provide sufficient detail to verify that a traveller is fully vaccinated. Digital vaccination credentials from certain provinces (ON, MB, NL, QC) will not show medical exemptions. Travellers with medical exemptions must produce the results of a valid COVID-19 test before travelling.

QR Code readers used for domestic and outbound travel must have the technical ability to show sufficient information to validate an individual is fully vaccinated, including:

  • Full name (family name and given name(s)) of the person who received the vaccine;
  • The name of the government / non-government entity who issued the proof document;
  • The manufacturer of the vaccine and number of doses (refer to: COVID-19 vaccinated travellers entering Canada - Travel restrictions in Canada – Travel.gc.ca for information on the accepted vaccines/regimens).
  • The date the traveller received their second dose. This date must be at least 14 full days prior to their date of travel. For example, if the last dose was administered on Thursday July 1, then Friday July 16 would be the first day that the traveller would meet the 14-day condition).

Foreign Nationals

If a foreign national travelling in Canada requires an exception for medical inability to be vaccinated, the process will be the same as for Canadian citizens and permanent residents. A medical note or letter issued by a medical doctor/nurse practitioner in a country other than Canada shall not be accepted by the railway company for domestic or outbound travel.

Reviewing a Temporary Exception Request due to Medical Inability

Before accepting an exception request due to medical inability, railway companies should confirm it meets the following criteria:

1

A completed exception request form was submitted to the railway company prior to boarding, and in accordance with the company's requirements.

2

First and Last name of the person requesting an exception and civic address provided.

3

Where the form indicates a previous exception request has been rejected, the passenger may be asked to provide further details to inform the railway company's review. A company may accept the exception request, regardless of a previous rejection, provided the exception request meets the criteria.

4

Sufficient travel details provided as per the railway company's requirements.

5

A duly completed form must be submitted along with one of the following:

  1. Confirmation of the person's medical inability and signature from a Canadian medical doctor/nurse practitioner, licensed to practice in a Canadian province or territory, on the form itself including one or more of the following boxes checked:

    • Medical contraindication
    • Medical reason for delay of full vaccination
    • Medical condition precluding full vaccination (if checked, a brief description must be included)

  2. A medical letter or credential issued by a Canadian Province/Territory indicating a medical inability to be vaccinated (medical exemption) accompanying the form.

6

The form must include contact details (civic address/phone number) for the medical doctor or nurse practitioner, as well as their provincial/territorial medical license number.

The form must be signed and dated by the medical doctor or nurse practitioner licensed to practice in a Canadian province or territory.

7

The form is valid for 1 year following the date of signature by the medical doctor or nurse practitioner licensed to practice in a Canadian province or territory, or

For conditions which may be temporary in nature, the completed form may be valid until the end of the period of the temporary condition as established and identified by the medical doctor or nurse practitioner.

8

Attestation by the requestor signed and dated.

Temporary Exceptions to Travel for Essential Medical Services or Treatment

In order to receive a temporary exception from the mandatory vaccination requirement to travel for essential medical services or treatment, a person must submit to the railway company, a duly completed temporary exception form which has been completed and signed by a medical doctor or nurse practitioner, licensed to practice in a Canadian province or territory. This form is available through the company and must be completed prior to departure and in accordance with the company's exception application process. Temporary exception requests to travel for essential medical services or treatment must be submitted to the company 2 weeks* in advance, or in accordance with the timelines established by the company.

Medical doctors or nurse practitioners may indicate that an escort or travel companion is required to accompany the passenger travelling for an essential medical service or treatment.

The Railway company is not required to verify proof of vaccination for a person that is at least 18 years old and who is boarding the railway equipment for the purpose of accompanying a person that received a temporary exception to travel for essential medical services or treatment if the person needs to be accompanied because they: are under the age of 18 years; have a disability; or need assistance to communicate.

The acceptance provided by the railway company will be valid for the length of the return trip. A new request is required for new trips.

*A railway company may accept a duly completed temporary exception request at a later date in cases where exceptional circumstances are claimed by the requestor, and as long as it is operationally feasible.

A railway company is not required to verify proof of vaccination credential for a person traveling for essential medical services and treatment until 23:59 ET December 14, 2021 provided that:

  • the person provides a signed document from a medical doctor or nurse practitioner who is licensed to practice in Canada that includes the date of the appointment(s) for the essential medical service or treatment and the location of the appointment(s); and
  • the date of the essential medical service or treatment is before December 13, 2021.

Reviewing a Temporary Exception Request to Travel for Essential Medical Services or Treatment

Before accepting an exception request to travel for essential medical services or treatment, railway companies should confirm it meets the following criteria:

1

A completed exception request form was submitted to the railway company prior to boarding, and in accordance with the company's requirements.

2

First and last name of person requesting an exception and civic address is provided.

3

Where the form indicates a previous exception request has been rejected, the person may be asked to provide further detail to inform the railway company's review. However, the company may accept the exception request, regardless of a previous rejection, provided the exception request meets the criteria.

4

Sufficient travel details provided as per the railway company's requirements.

5

The person has submitted a duly completed form with confirmation from a Canadian medical doctor or nurse practitioner, licensed to practice in a Canadian province or territory, that contains the date and name and civic address of the facility where the essential medical services or treatment appointment will be.

A brief description must also be included by the Medical Doctor/Nurse Practitioner.

In all cases, a completed exception form must be submitted along with the supporting documentation.

6

The form must include contact details for the medical doctor or nurse practitioner, as well as their provincial/territorial medical license number and civic address.

The form must be signed and dated by the medical doctor or nurse practitioner.

7

Completed temporary exception forms for persons due to essential medical care are valid for the return trip only. New trips will require new forms to be submitted for approval.

8

Attestation by the requestor signed and dated.

Temporary Exceptions due to Sincere Religious Belief

Leaders and members of a number of religions and religious denominations (e.g., Islam, RomanCatholicism, Judaism, Greek Orthodox, Mennonites, Jehovah's Witnesses, Christian Science) have released public statements indicating their support for the COVID-19 vaccine specifically in the interest of public health. In addition, a number of provincial human right commissions, including the Ontario Human Right Commission, have taken the position that objection to vaccination for personal reasons is not a protected ground under their respective Code and does not need to be accommodated. Nevertheless, an individual may hold a strongly held religious belief that prevents full vaccination.

For the purpose of domestic or outbound travel, railway companies must consider religious exceptions to mandatory vaccination based on sincerely held religious belief, in recognition of the obligations under the Canadian Human Rights Act.

Temporary exceptions due to sincere religious belief shall be considered only for domestic and outbound travel. This includes domestic trains connecting to inbound international trains.

To receive a temporarily exception from the mandatory vaccination requirement, a person must submit to the railway a form that includes a sworn, solemn oath of conviction co-signed by a Commissioner of Oaths. This must be submitted to the company 3 weeks* in advance to boarding, or in accordance with the timelines established by the company and in accordance with the railway company's exception application process. The completed temporary exception form is valid for the person's complete journey (i.e., booked return trip). The person required to reconfirm their religious conviction by submitting a new form for any new trips.

Note: Provinces/Territories do not issue exemptions based on religious beliefs.

*A railway company may accept a duly completed temporary exception request at a later date in cases where exceptional circumstances are claimed by the requestor, and as long as it is operationally feasible.

Reviewing a Temporary Exception Request Due to a Sincere Religious Belief

Requests to travel with a temporary exception due to a sincere religious belief must be evaluated on a case-by-case basis.

Before accepting a request for a temporary exception due to a sincere religious belief, railway companies should confirm it meets the following:

1

A completed exception request form was submitted to the railway company prior to boarding, and in accordance with the company's requirements.

2

First and Last name of person requesting a temporary exception and civic address is provided.

3

If a previous request for a temporary exception has been rejected, the person may be asked to provide further detail to inform the railway company's review. However, the company may approve the temporary exception request, regardless of a previous rejection, provided the request meets the criteria.

4

Sufficient travel details required by the form and the railway company.

5

The belief is religious in nature

Religion typically involves a particular and comprehensive system of faith and worship as well as the belief in a divine, superhuman or controlling power (e.g., “I don't believe in vaccination” would not in itself be a reason).

It does not apply to beliefs, convictions or practices that are secular, socially based or only conscientiously held; nor does it protect false empirical beliefs about the development, the contents, effects, or purpose of the vaccines.

6

The belief prevents full vaccination

It is not sufficient for the person to state they have a certain religious belief, and they cannot be vaccinated.

They must explain how vaccination would conflict with their religious belief in a way that is not trivial or insubstantial (meaning, being vaccinated conflicts with the person's genuine connection with the divine).

7

The belief is sincerely held

The requirement is to focus on the sincerity of the individual belief rooted in religion, not whether it is recognized by other members of the same religion.

The validity of the belief itself must not be challenged by the railway company.

8

The form is signed and dated by a Commissioner of Oaths. The form may be certified by the Commissioner of Oath's affixing a stamp/seal and date.

9

Completed temporary exception forms for persons due to religious conviction forms are valid for the period of the return trip only.

10

Attestation by the requestor signed and dated.

* With respect to #5-#7, there are a number of false empirical beliefs about the development, the contents, effects, or purpose of the vaccines to protect against COVID-19.  However, these are not grounds on which a temporary exception can be granted. If the sincere belief is not based on a religious belief, but rather a personal preference or choice based on misinformation or misunderstandings of scientific information, there is no need to accommodate.

For example, a conviction that the COVID-19 vaccine contains aborted human/animal fetal cells or that DNA is altered by mRNA vaccines is empirically incorrect and should not be used as a rationale for the granting of a religious exception, even where this belief is sincerely held and/or rooted in religion. The following website includes additional information about COVID-19 myths: COVID-19 mRNA vaccines.

Section 4 – Other Exceptions

A railway company is not required to verify proof of vaccination (PVC) for a person that qualifies for an exception listed in Section D of the Ministerial Order. The company must provide for accommodation measures for persons who are issued an exception from providing a proof of vaccination credential. Further guidance on accommodations can be found in “Section 5: Accommodations” of this document.

  • Remote communities: a railway company is not required to verify PVC for any person who is a resident in a community which is accessed using the VIA The Pas-Churchill route or any other remote community for whom VIA Rail Canada Inc. may be the only means of transportation to or from the community. This also captures communities that are not directly on The Pas-Churchill route, but that use other railway carriers, that are accessed using the same line.
  • Children: a railway company is not required to verify PVC for any person under the age of 12 years and four (4) months.
  • Foreign Nationals*: a railway company is not required to verify proof of vaccination credential for a person that is a foreign national, other than a person registered as an Indian under the Indian Act, who is boarding the railway equipment if the initial scheduled departure time is not more than 24 hours after the departure time of a flight taken by the person to Canada from any other country, as confirmed by evidence of the person's travel itinerary or boarding pass and passport or other travel document issued by their country of citizenship or nationality.

*The Ministerial Order defines foreign national as a person who is not a Canadian citizen or a permanent resident and includes a stateless person.

  • Other: a railway company is not required to verify PVC for any for a person that is boarding the railway equipment for a purpose other than optional or discretionary purposes such as tourism, recreation or leisure, and who is:

    • a person who entered Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
    • a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who entered Canada for the purpose of providing those services;
    • a person who entered Canada after August 31, 2021, who has been recognized as a Convention refugee within the meaning of subsection 146(1) of those Regulations and who has been issued a permanent resident visa under 139(1) of those Regulations;
    • a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who entered Canada after August 31, 2021 as a protected temporary resident under subsection 151.1(2) of those Regulations;
    • an accredited person*;
    • a person holding a D1, O1 or C1 visa who entered Canada to take up a post and become an accredited person; or
    • a diplomatic or consular courier.

*The ministerial Order defines an accredited person as a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development.

  • Domestic National Interest Exemption Program (ie. persons listed in Appendix B, C, D or E of the Ministerial Order): Effective November 30th, Transport Canada will launch a digital platform for its domestic National Interest Exemption Program (NIEP). Transport Canada will maintain an application and review process for granting authorizations to individuals in the national interest for domestic and outbound travel.

Under this Program, individuals would only be approved to travel unvaccinated if it is in Canada's national interest and/or to support critical infrastructure needs and/or when there is a compelling situation that merits an exception from the vaccine mandate (https://vaccine-exemption.tc.canada.ca / https://exemption-vaccination.tc.canada.ca).

Transport Canada will process national interest exception requests and issue authorization on a case-by-case determination for the domestic portion of the travel journey.

National Interest Exemption applications are reviewed by Transport Canada on an individual, case-by-case basis through a streamlined and standardize process that reviews cases to ensure the travel is:

  • In Canada's national interest and/or to support critical infrastructure needs, and/or
  • Exceptional urgent/time sensitive

These would only be authorized for the most compelling situations where there is no vaccinated alternative.

The NIEP review and approval process for domestic and international outbound travel will be complementary and will not duplicate the systems in place for entry into Canada.

A high-level summary of information on exceptions for persons can be referenced at:  COVID-19 Boarding flights, trains and cruise ships in Canada – Travel restrictions in Canada – Travel.gc.ca (administered by Health Canada and Treasury Board Secretariat).

Obligations of the Traveller: An unvaccinated person (or group of accredited representatives) may apply online to Transport Canada's NIEP at https://vaccine-exemption.tc.canada.ca, or by sending an application  to Transport Canada. The person will submit the domestic NIE form to Transport Canada, together with other required supporting documentation. All communications with the person will be done through Canada Post Connect in order to protect the exchange of sensitive information.

Individuals are encouraged to apply to Transport Canada a minimum of three weeks in advance of their travel. Transport Canada recognizes that some exceptional cases may be time sensitive and will address these applications on a case-by-case basis. Individuals are encouraged to submit their applications earlier during peak holiday travel seasons.

The application will be reviewed by Transport Canada. The person will either be accepted, denied, or more information will be requested to process the application. If the application is not accepted, a letter will be issued to the applicant or accredited representatives explaining the reasons for rejection. If accepted, the person will be issued a signed National Interest Exemption letter that will provide exception to the individual, the operator(s), and/or CATSA from certain legislated COVID-19 vaccine requirements in air, rail, and/or marine modes.

Persons approved under the NIEP will be responsible for submitting their TC issued National Interest Exemption Letter to the railway company in advance of boarding. Persons are required to carry a hard copy or digital copy of the National Interest Exemption Letter with them during their travel journey, as they may be required to show a copy of their National Interest Exemption Letter to the railway company, or any authority requesting it, throughout their journey, including at the time of check-in or boarding, together with their valid COVID-19 molecular test result or COVID-19 antigen test result.

Further details on the national interest exemption program are provided at COVID-19: Travel, testing and borders - Travel.gc.ca.

Obligations of the Railway Company: It is the responsibility of the railway company to inform persons that they must submit a copy of their National Interest Exemption letter to the company before boarding, as well as show proof of the letter in digital or hard copy form at check-in and/or boarding.

Railway companies will be responsible for validating the person’s National Interest Exemption letter, along with their valid COVID-19 molecular test result or COVID-19 antigen test result (if applicable), before the person is issued a boarding pass, a ticket, and/or permitted to board.

The Transport Canada-issued National Interest Exemption letter to be verified by the railway company, will have the following distinguishing features:

  • Transport Canada letterhead / logo in the upper left corner of the letter
  • Canada wordmark located at the bottom righthand side
  • An exemption number that begins with NIE-YYYY-XXXX
  • Name and date of birth of the passenger
  • Travel information (railway company name, train number, departure/arrival station codes)
  • Period of validity for the letter
  • Signed and dated by the Directors General at Transport Canada responsible Rail Safety or COVID Recovery Team.

Transport Canada Support: Transport Canada's National Interest Exemption Program will operate from 7am to 7pm (Eastern Time), 7 days a week. After-hours support will also be provided to railway companies.

Railway companies can validate if the person was granted a National Interest Exemption letter by calling the Transport Canada Situation Centre, as required.

Transport Canada will support railway companies who encounter issues with a NIE Letters (e.g. determining the validity of the authorization presented by a person) with 24/7 support through TC's existing TC Emergency Situation Centre.

Contact information:
NIE Program officials can be contacted by email at: NationalInterestExemption-ExemptionInteretNational@tc.gc.ca

Section 5 – Accommodations

A railway company must ensure that a person who has been issued an exception from providing a proof of vaccination credential (PVC), unless a person under the age of 12 years and four (4) months or is a person captured under the exception for Foreign Nationals, provides to the company a valid proof of a COVID-19 molecular test result or COVID-19 antigen test result.

A railway company must have in place any other accommodation measures as set out in local public health guidance for persons who are issued an exception, including for any person under the age of 12 years and four (4) months and any person captured under the exception for Foreign Nationals.

A proof of a Covid-19 molecular test result confirms that the person has received successful results of a COVID-19 molecular test. An acceptable proof of a molecular test includes both a paper and digital copy and must:

  1. include:
    1. the name and date of birth of the person whose specimen was collected for the test;
    2. the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the test result;
    3. the date the specimen was collected and the test method used; and
    4. the test result.
  2. in the case where the test result is negative, it must be for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before scheduled departure time.
  3. in the case where the test result is positive, it must be for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the scheduled departure time.

The Ministerial Order defines a COVID-19 molecular test as a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP) that is:

  1. if the test is self-administered, observed and the result is verified
    1. in person by any accredited laboratory or testing provider, or
    2. in real time by remote audio-visual means by the accredited laboratory or testing provider who provided the test; or
  2. if the test is not self-administered, performed by an accredited laboratory or testing provider.

For a list of tests that are considered molecular tests, please consult the “Accepted Types of Tests” section that can be found on the following webpage: https://travel.gc.ca/travel-covid/travel-restrictions/flying/covid-19-testing-travellers-coming-into-canada

A proof of a Covid-19 antigen test result confirms that the person has received successful results of a COVID-19 antigen test. An acceptable proof of a antigen test includes both a paper and digital copy and must:

  1. include:
    1. the name and date of birth of the person whose specimen was collected for the test;
    2. the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the test result;
    3. the date the specimen was collected and the test method used; and
    4. the test result.
  2. be a negative test result for a test that was performed on a specimen collected no more than one day before the initial scheduled departure time.

The Ministerial Order defines a COVID-19 antigen test as a COVID-19 screening or diagnostic immunoassay that:

  1. detects the presence of a viral antigen indicating the presence of COVID-19; and
  2. is authorized for sale or distribution in Canada or in jurisdiction in which it was obtained.

A testing provider is either:

  1. a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  2. an organization, such as a telehealth service provider or pharmacy, which may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a).

For a list of tests that are considered antigen tests, please consult the “Accepted Types of Tests” section that can be found on the following webpage: https://travel.gc.ca/travel-covid/travel-restrictions/flying/covid-19-testing-travellers-coming-into-canada

Section 6 - Privacy Requirements

Railway companies must ensure that personal information is only created, collected, retained, used, disclosed, and disposed of in a manner that respects the provisions set out in applicable Canadian privacy legislation and other applicable legislation. As such, railway companies must ensure that privacy is considered at the earliest opportunity and that they implement best privacy practices in order to properly protect the personal information that will be processed.

Please note that the privacy tips below are provided solely as general privacy considerations and do not constitute legal advice. For specific advice on compliance with applicable privacy laws, please contact your legal counsel, privacy professional and/or consult with the applicable Privacy Commissioners' Office.

Privacy considerations:

  • Document a defined purpose and authority for the collection and use of this personal information.
  • Be transparent with passengers and inform them about the reasons for collection, use, disclosure (including but not limited to the disclosure to Transport Canada), retention and disposal of their personal information and the consequences for not providing the requested personal information, through a concise, transparent, intelligible and easily accessible Privacy Notice Statement (“PNS”), as required under applicable Canadian privacy legislation.
    • Passengers should also be informed and provided with a contact to request access to, and correction of, any personal information available or to make an inquiry or complaint about the handling of their personal information, including the contact for the Privacy Commissioner of the relevant jurisdiction and accountable individual who can respond to questions and concerns regarding the vaccine requirements.
    • Provide a link to your vaccination policies for passengers, as applicable.
  • The necessity, effectiveness, proportionality and data minimization principles should be applied so that the least amount of personal information is collected, used or disclosed, for example: unnecessary data fields within a form.
  • Passenger data related to vaccination status is only used for the purposes it was collected for, retained for a specific period of time and can only be accessed on a need-to-know basis.
  • All railway companies personnel handling personal information, including managers, are aware of their responsibilities and adhere to applicable Canadian privacy legislation and other applicable legislation.
  • Consider conducting a Privacy Impact Assessment or other meaningful privacy analyses.
  • Privacy breach plans and procedures are up to date.
  • Personal information is appropriately protected against unauthorized access and that technical, physical and administrative safeguards are put in place and are appropriate given the sensitivity of the personal information to be collected, used or disclosed through the requirement.

Relevant Links:

Section 7 - Data Collection and Reporting Requirements

Data Collection

The company is required to collect data on a weekly basis and retain it for a minimum of 12 months, related to:

  • passenger volumes;
  • the number of exception request received for each category of exception for which a form is required;
  • the number of exception accepted for each category of exception for which a form is required;
  • the number of persons denied boarding due to a person failing to provide acceptable proof of vaccination credential;
  • the number of persons denied boarding due to requests not being accepted; and
  • In relation to COVID-19 molecular test results or COVID-19 antigen test results obtained for persons falling under the exception described in section D(5) of the Ministerial Order:
    • number of acceptable proof of a COVID-19 molecular test result and of a COVID-19 antigen test result; and
    • number of test results that were not acceptable

The railway company is further required to retain, for a minimum of 12 months, forms submitted for the purpose of requesting an exception as outlined in section 3 of this document.

The information listed above must be collected in a manner that is consistent with privacy requirements. This includes only collecting the information that is necessary to comply with the requirements of the Ministerial Order. Further guidance on privacy can be found in “Section 6 – Privacy Requirements” of this document.

Reporting

The company must report to the Minister, on a weekly basis or at the request of the Minister, data captured under the Data Collection section above as well as any suspicious patterns detected or documents that may have been false or included false information.

The company must report their data to the Minister in a .CSV file format to the Rail Safety Directorate at railsafety@tc.gc.ca

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