Canada Gazette, Part I, Volume 154, Number 24: GOVERNMENT NOTICES

June 13, 2020

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Ministerial Condition No. 20267

Ministerial condition

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

Whereas Phoslock Environmental Technologies Ltd. has, on January 3, 2020, provided to the Minister of the Environment the prescribed information concerning the substance bentonite, lanthanian, Chemical Abstracts Service Registry Number 302346-65-2, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999 and has requested that some of the information provided be treated as confidential, in accordance with subsection 313(1) of that Act;

Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance;

And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of that Act,

The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999, hereby permits the import of the substance in accordance with the conditions of the following annex.

Kevin Cash
Acting Assistant Deputy Minister
Science and Technology Branch

On behalf of the Minister of the Environment

ANNEX

Conditions

(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)

1. The following definitions apply in these ministerial conditions.

2. The notifier may import the substance subject to the following ministerial conditions.

Restrictions

3. The notifier shall ensure that the substance is used only as a phosphorous binder in a lake and only when the following conditions are met:

4. (1) The notifier shall ensure that the pH, alkalinity, dissolved oxygen concentration and total phosphorus concentration of a lake where the substance is discharged are measured once during the period of 90 days that precedes a discharge.

(2) When measuring the pH and dissolved oxygen concentration in accordance with subsection (1), the notifier shall ensure that, where the height of the water column is the greatest in the lake

(3) When measuring the alkalinity and total phosphorus concentration in accordance with subsection (1), the notifier shall ensure that, where the height of the water column is the greatest in the lake

5. (1) The notifier shall ensure that, after the 365th day that follows the discharge, the pH and alkalinity of a lake where the substance is discharged are measured each calendar year at least once during the month of April and once during the month of October until the day referred to in paragraph 9(1)(e).

(2) When measuring the pH in accordance with subsection (1), the notifier shall ensure that, where the height of the water column is the greatest in the lake

(3) When measuring the alkalinity in accordance with subsection (1), the notifier shall ensure that where the height of the water column is the greatest in the lake

6. When measuring the pH and alkalinity in accordance with sections 4 and 5 and the dissolved oxygen concentration and total phosphorus concentration in accordance with section 4, the notifier must ensure that

7. When measuring the alkalinity and total phosphorus concentration in accordance with sections 4 and 5, the notifier must ensure that the measurement is made by a laboratory located in Canada and accredited to the International Organization for Standardization standard entitled ISO/IEC 17025:2017 General requirements for the competence of testing and calibration laboratories standard, as soon as possible after a water sample is taken.

8. (1) The notifier shall ensure that, at least 30 days before the substance is discharged in a lake

(2) The signs referred to in paragraph (1)(c) may be removed and the owners or residents of a property adjacent to the lake may be notified that activities in or on the lake may resume only if the concentration of dissolved lanthanum in the lake is measured in accordance with section 9 at a concentration of 13 micrograms per litre or less in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(a) and in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(b).

(3) When signs are removed in accordance with subsection (2) and the concentration of dissolved lanthanum in the lake is later measured in accordance with section 9 at a concentration greater than 13 micrograms per litre, the notifier shall ensure that

(4) The signs referred to in paragraph (3)(b) may be removed and the owners or residents of a lakefront property on the lake referred to in paragraph 3(a) may be notified that activities in or on the lake may resume only if the concentration of dissolved lanthanum in the lake is measured in accordance with section 9 at a concentration of 13 micrograms per litre or less in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(a) and in at least five consecutive water samples taken over a minimum period of five weeks at the location referred to in paragraph 9(2)(b).

9. (1) The notifier shall ensure that, following a discharge, the concentration of dissolved lanthanum in the lake where the substance is discharged is measured according to the following frequency:

(f) despite paragraphs (a) to (c), during the months of December to March inclusively, the notifier is not required to ensure that the concentration of dissolved lanthanum is measured in the lake when the ice through which a water sample would be collected does not have the required thickness to support the weight of one person as listed on page 5-17 of the manual entitled Northern waters: a guide to designing and conducting water quality monitoring in northern Canada, published in March 2005 by the Northern Ecological Monitoring and Assessment Network.

(2) The notifier shall ensure that, when measuring the concentration of dissolved lanthanum in accordance with subsection (1), water samples are taken as follows:

(3) When measuring the concentration of dissolved lanthanum in accordance with subsection (1), the notifier must ensure that

10. When measuring the concentration of dissolved lanthanum in accordance with section 9, the notifier must ensure that the measurement is made by a laboratory located in Canada and accredited to the International Organization for Standardization standard entitled ISO/IEC 17025:2017 General requirements for the competence of testing and calibration laboratories standard using inductively coupled plasma-mass spectrometry, as soon as possible after the water sample is taken.

Submission requirements

11. The notifier shall communicate to the Minister of the Environment the following information within 30 days after the day on which the substance is discharged in accordance with section 3:

12. The notifier shall communicate to the Minister of the Environment the following information within 60 days after the day on which the pH is measured or a water sample is taken to measure the alkalinity of a lake in accordance with section 5:

13. The notifier shall communicate to the Minister of the Environment the following information within 60 days after the day on which a water sample is taken to measure the concentration of dissolved lanthanum in accordance with section 9:

Other requirements

14. (1) The notifier shall, prior to transferring the physical possession or control of the substance to any person

(2) The notifier shall communicate the information referred to in subparagraph (1)b)(iii) to the Minister of the Environment within 30 days after the day on which it is received from the person.

Record-keeping requirements

15. (1) The notifier shall ensure that the following electronic or paper records are maintained, with any documentation supporting the validity of the information contained in these records, indicating

(2) The notifier shall maintain the electronic or paper records referred to in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.

Coming into force

16. The present ministerial conditions come into force on May 28, 2020.

DEPARTMENT OF FINANCE

PENSION BENEFITS STANDARDS ACT, 1985

Effective date for the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans

Notice is hereby given, pursuant to paragraph 6.1(4)(a) of the Pension Benefits Standards Act, 1985, that the effective date for the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans is July 1, 2020.

William Francis Morneau
Minister of Finance

DEPARTMENT OF FINANCE

PENSION BENEFITS STANDARDS ACT, 1985

2020 Agreement Respecting Multi-Jurisdictional Pension Plans

The signatories of this Agreement are as follows:

RECITALS

I. Each signatory to this Agreement represents a legislative jurisdiction in Canada and is authorized by the laws of the signatory’s jurisdiction to sign this Agreement.

II. A pension plan may be subject to the pension legislation of more than one jurisdiction and may be subject to the supervision of more than one jurisdiction’s pension supervisory authority, by reason of the nature or place of the plan members’ residence or employment or the nature of the business, work or undertaking of the members’ employer.

III. Pension plans that are subject to the pension legislation of more than one jurisdiction play a significant role in providing retirement income to many Canadians. To establish an efficient and transparent regulatory environment for such plans, the parties to this Agreement deem it desirable to specify the rules that apply to such plans and allow, to the extent provided for in this Agreement, a single pension supervisory authority to exercise with respect to any such pension plan all of the supervisory and regulatory powers to which such plan is subject.

IV. The laws of the jurisdictions whose governments are party to this Agreement allow for the incorporation of rules for pension plans enacted by Canadian legislative jurisdictions or as otherwise set out in this Agreement, as well as the reciprocal application of legislative provisions and administrative powers by the pension supervisory authorities concerned.

V. Therefore, the parties to this Agreement agree as follows:

PART I
GENERAL PROVISIONS
SECTION 1.
DEFINITIONS & SCHEDULES

Definitions

1. (1) For the purposes of this Agreement, unless the context indicates a different meaning:

Schedules

(2) The following attached Schedules form part of this Agreement:

SECTION 2.
APPLICATION

General application

2. (1) Subject to subsection (2) and section 26, this Agreement applies to any pension plan that would, if this Agreement and any other agreement respecting the supervision of pension plans did not exist, be subject to registration with a pension supervisory authority under the pension legislation of more than one jurisdiction that is subject to this Agreement.

Restriction

(2) This Agreement does not apply to a pension plan if the pension supervisory authority that would be designated as the major authority for the plan under this Agreement is not subject to this Agreement.

Plan provision not effective

(3) This Agreement applies in respect of a pension plan despite any conflicting provision in any document that creates or supports the pension plan.

PART II
MAJOR AUTHORITY
SECTION 3.
DETERMINATION OF THE MAJOR AUTHORITY

One major authority

3. (1) One pension supervisory authority having jurisdiction over a pension plan shall be the major authority for the plan.

Plurality of active members

(2) Except as provided in sections 5 and 26, the major authority for a pension plan shall be the pension supervisory authority of the jurisdiction with the plurality of active members of the plan, as determined in accordance with subsection (3) and considering only those jurisdictions whose pension legislation would, if this Agreement and any other agreement respecting the supervision of pension plans did not exist, require the plan to be registered with the pension supervisory authority of that jurisdiction.

Determination of plurality

(3) The jurisdiction that, among those referred to in subsection (2), has the plurality of active members of a pension plan shall be determined using the most recent periodic information return that has been filed with a pension supervisory authority in relation to the plan’s fiscal year end, or if an application to register a new pension plan is received by a pension supervisory authority, determined using the information set out in the application, and on the following basis:

Equal number of active members

(4) Where the major authority for a pension plan cannot be determined by applying subsections (2) and (3) because two or more jurisdictions have authority over an equal number of active members of the plan, the major authority for the plan shall be, of those jurisdictions, the authority whose main office is in closest proximity to the main office of the administrator of the plan. For the purposes of this subsection:

Status as major authority

(5) A pension supervisory authority that becomes the major authority for a pension plan in accordance with this Agreement shall remain the major authority for the plan until the authority loses its status as major authority in accordance with this Agreement.

Minor authorities

(6) Once a pension supervisory authority becomes the major authority for a pension plan, any other pension supervisory authority to which this Agreement extends and that has supervisory or regulatory powers with respect to the plan becomes a minor authority for the plan.

New pension plan registration

(7) Where a pension supervisory authority receives an application to register a pension plan, that authority shall determine whether it is the major authority for the plan within the meaning of this Agreement, and if necessary and as soon as possible thereafter, that authority shall notify the plan administrator as to the relevant authority with which the plan should or may be registered and shall notify the relevant authority about the plan to be registered.

SECTION 4.
ROLE OF THE MAJOR AUTHORITY

Interpretation

4. (1) For the purposes of this section:

Role of major authority

(2) The major authority for a pension plan shall:

Exceptions

(3) Despite clause (b) of subsection (2):

Decisions and recourse

(4) Any decision that may be made by the major authority for a pension plan that applies the provisions of the pension legislation of a minor authority’s jurisdiction as described in clause (b) of subsection (1) of section 6 is subject to the following rules:

Continued role of major authority

(5) Exercise of a recourse from a decision referred to in this section does not have the effect of preventing or releasing the major authority from continuing to fulfill its responsibilities with respect to the pension plan as set out in subsection (2).

Enforcement of decisions

(6) The major authority shall enforce any decision referred to in this section once that decision is no longer open to any further recourse, as well as any decision resulting from such recourse that is no longer open to any further recourse.

Communication with major authority

(7) A person shall be entitled to communicate with the major authority for a pension plan in the same manner that the person would be entitled to communicate with a pension supervisory authority under the legislation that would apply to the person if this Agreement did not exist.

Representative

(8) Where a person having any rights or benefits under a pension plan has designated another person or an association that represents people with rights or benefits under the plan to act on his or her behalf with respect to the major authority for the plan, such authority shall, to the extent permitted by law, communicate with that other person or association and, upon request, provide that other person or association with the information and documents to which the person is entitled.

SECTION 5.
LOSS OF MAJOR AUTHORITY STATUS

Loss of major authority status

5. (1) The major authority for a pension plan shall lose its status in that regard on the date described in subsection (2) where, according to the most recent periodic information return that has been filed with the major authority in relation to the plan’s fiscal year end, the number of active members of the plan employed in relation to the major authority’s jurisdiction, as determined under subsection (3) of section 3 as of the plan’s fiscal year end, is:

Date of loss of major authority status

(2) The major authority for a pension plan loses its status in that regard:

New major authority

(3) When the major authority for a pension plan loses its status in that regard in accordance with subsection (2), the pension supervisory authority for the jurisdiction having, as determined in accordance with subsection (1), the plurality of active members of the plan becomes the plan’s new major authority if that new major authority is subject to this Agreement.

Cancellation of change of major authority

(3.1) Despite subsections (1), (2) and (3), the major authority for a pension plan shall not lose its status in that regard under this section if, before the applicable date described in subsection (2), a periodic information return is filed with the major authority in relation to the fiscal year end of the plan immediately preceding the applicable date described in subsection (2), and that periodic information return indicates that the major authority’s jurisdiction is the jurisdiction with the plurality of active members of the plan, as determined in accordance with subsection (3) of section 3.

Equal number of active members

(4) Where the new major authority for a pension plan cannot be determined in accordance with subsection (3) because two or more jurisdictions have authority over an equal number of active members of the plan, the major authority for the plan shall be, of those jurisdictions, the authority whose main office is in closest proximity to the main office of the administrator of the plan. For the purposes of this subsection:

Transitional rules

(5) Where the major authority for a pension plan loses its status in that regard in accordance with this section:

Notice by major authority

(6) Where the major authority for a pension plan receives from the administrator of the plan the information described in clauses (a), (b) or (c) of subsection (1), it shall:

Subsequent notice by major authority

(6.1) Where the major authority for a pension plan receives from the administrator of the plan a periodic information return described in subsection (3.1), the major authority shall, as soon as possible after receipt of the periodic information return, notify the pension plan administrator and each minor authority for the plan that such periodic information return has been filed with the major authority, and that as a result, the major authority shall not lose its status in that regard on the date described in the notice provided under clause (a) of subsection (6).

Notice by new major authority

(7) The pension supervisory authority that replaces another authority as major authority for a pension plan shall, as soon as possible after assuming its functions, inform the pension plan administrator and each of the plan’s minor authorities of the date on which it assumed the functions of major authority.

Notice by plan administrator

(8) The administrator of a pension plan that receives from the plan’s major authority notice of the information provided for in clause (a) of subsection (6), in subsection (6.1) or in subsection (7) shall:

PART III
APPLICABLE LAW
SECTION 6.
APPLICABLE LEGISLATION

Applicable pension legislation

6. (1) While a pension supervisory authority is the major authority for a pension plan in accordance with this Agreement:

Funding rule transition on change of major authority

(2) Despite clause (a) of subsection (1) and subject to subsection (4), when a pension supervisory authority becomes the major authority for a pension plan in accordance with this Agreement, if the funding of any benefit provided under the plan has been based on actuarial valuation reports filed in respect of the plan with a pension supervisory authority, the funding of those benefits shall continue to be subject to the pension legislation that applied immediately before the major authority assumed its functions in respect of the plan until such time as a new actuarial valuation report is due to be filed in respect of the plan with the major authority in accordance with the pension legislation of the major authority’s jurisdiction.

Definitions

(3) For the purposes of subsection (4):

Alternative funding arrangement exceptions

(4) Despite clause (a) of subsection (1), when a pension supervisory authority becomes the new major authority for a pension plan, if the pension legislation of the prior authority’s jurisdiction permitted the use of an alternate funding arrangement, but the pension legislation of the new major authority’s jurisdiction does not permit the use of that alternate funding arrangement, then:

Annuity discharge requirements

(5) The requirements of the pension legislation that governs a person’s benefits under a pension plan must be satisfied in order for the purchase of an annuity from an insurance company to constitute a final payment of those benefits and to discharge the liability to pay those benefits to the person under that pension legislation. For the purposes of subsection (6), any such requirements set out in a jurisdiction’s pension legislation shall be referred to as “annuity discharge requirements”.

Funding rule exceptions for annuity discharges

(6) Despite subsection (5), where in relation to a pension plan both the pension legislation of the major authority’s jurisdiction and the pension legislation of a minor authority’s jurisdiction set out annuity discharge requirements, the annuity discharge requirements of the pension legislation of the major authority’s jurisdiction shall apply to the plan instead of any corresponding annuity discharge requirements of the pension legislation of the minor authority’s jurisdiction in respect of the following matters:

SECTION 7.
DETERMINATION OF BENEFITS BY FINAL LOCATION

Deemed applicability of pension legislation

7. For the purposes of determining the benefits accrued by a person under a pension plan, the person’s entire benefit accrual shall be deemed to have been subject to the pension legislation that applied to the person:

SECTION 8.
PENSION PLAN INVESTMENTS

Deadline for compliance

8. Despite any other provision of this Agreement, any investment by a pension plan that is held on the date a pension supervisory authority becomes the major authority for the plan and that, although it complies with the pension legislation that applied to the plan on the day preceding that date, does not comply with the pension legislation that applies to the plan’s investments from that date, shall be brought into compliance with the latter legislation within five years from that date.

SECTION 9.
PENSION BENEFITS GUARANTEE FUND

Pension benefits guarantee fund

9. Subject to sections 10 to 17, this Agreement shall not affect the application or administration of the Pension Benefits Guarantee Fund set out under the pension legislation of Ontario or any similar fund established under any other pension legislation.

PART IV
PENSION PLAN ASSET ALLOCATION INTO JURISDICTIONAL PORTIONS
SECTION 10.
APPLICABLE SITUATIONS

Applicable situations

10. (1) Subject to subsections (2) to (4), the assets of a pension plan shall be allocated into portions in accordance with this Part when:

No allocation required – defined contribution pension plan

(2) Where a pension plan only provides benefits that are determined with reference to amounts credited to the individual accounts of persons under the plan, the assets of the plan need not be allocated into portions in accordance with this Part if the liability for benefits accrued under the plan equals the assets of the plan on the effective date of the relevant event described in subsection (1).

No allocation required – pension plan with insufficient assets on full wind up

(3) In a situation described in clause (e) of subsection (1), where a report filed with the major authority for a pension plan indicates that on the effective date of the wind up of the plan, the assets of the plan would be insufficient to pay all the benefits and other amounts payable on the wind up of the plan, the assets of the plan need not be allocated into portions in accordance with this Part:

Distribution of remaining assets

(4) Where the requirements of subsection (3) have been satisfied and all the benefits and other amounts payable on the wind up of the pension plan have been paid, any assets remaining in the plan shall be used in the following manner:

SECTION 11.
ALLOCATION OF ASSETS

Allocation into portions

11. (1) For the purposes of this Part, the assets of a pension plan shall be allocated into portions as of the date of allocation, each portion being related to the liability for benefits and other amounts accrued under the plan that is subject to a jurisdiction’s pension legislation, as determined in accordance with this section.

Standard allocation methodology

(2) Subject to section 12, the portion of a pension plan’s assets that is subject to a jurisdiction’s pension legislation as of the date of allocation shall be equal to the sum of the amounts referred to in section 13 as of the date of allocation, determined with respect to the benefits and other amounts described in section 13 that are subject to that jurisdiction’s pension legislation and applying the requirements of sections 14 to 16.

Other allocation methodology

(3) The major authority for a pension plan may permit the assets of the plan to be allocated into the portions described in subsection (1) in a manner other than that required by subsection (2) or section 12 if:

SECTION 12.
PLAN WITH MORE THAN ONE PARTICIPATING EMPLOYER

Plan with more than one participating employer

12. (1) This section applies to a pension plan that has more than one participating employer and, in accordance with the pension legislation of the major authority’s jurisdiction:

Allocation of assets into employer shares

(2) For the purposes of an asset allocation under this Part involving a pension plan described in subsection (1), the assets of the plan that have been determined and accounted for separately in relation to an employer as of the date of allocation shall be allocated to that employer as an employer share if the plan characteristics described in clause (a) of subsection (1) respecting the employer:

Allocation of employer shares into portions

(3) Any employer share allocated in accordance with subsection (2) shall be further allocated into portions in the manner provided for in section 11, and used in the manner provided for in section 17, as if the employer share consisted of the assets of a separate pension plan for that employer.

Allocation of remaining assets into portions

(4) For the purposes of an asset allocation under this Part involving a pension plan described in subsection (1), any assets of the plan not allocated to an employer share in accordance with subsection (2) shall be allocated into portions in the manner provided for in section 11, and used in the manner provided for in section 17, without considering the liabilities described in clause (b) of subsection (1) related to an employer for which an employer share has been allocated under this section.

SECTION 13.
DETERMINATION OF PORTIONS FOR ASSET ALLOCATION

Determination of portions

13. (1) The assets of a pension plan that are to be allocated into portions in accordance with subsection (2) of section 11 shall be allocated into portions as of the date of allocation in accordance with the levels of priority of allocation set out in this section.

Contributions and similar amounts

(2) First, allocate assets of the pension plan equal to the sum of the following contributions and amounts, to the extent that such contributions and amounts are still credited to the account of a person having benefits under the plan on the date of allocation:

Core liabilities

(3) Second, allocate assets of the pension plan equal to the sum of the following liability amounts, subject to the requirements of subsections (5) and (5.1):

Other liabilities

(4) Third, allocate assets of the pension plan equal to the value of benefits accrued under the plan, other than those referred to in subsection (3), by any person who, on the date of allocation, is entitled to receive payment of the benefit on that date or a later date, but who is not in receipt of payment of the benefit as of the date of allocation, subject to the requirements of subsections (5) and (5.1).

Excluded benefits from certain levels of priority of allocation

(5) Unless the benefits are guaranteed by an insurance company, the benefit liabilities under subsections (3) and (4) shall not include the value of the following benefits:

Deemed excluded benefits

(5.1) For the purposes of clause (b) of subsection (5), a benefit is deemed to be permitted to be excluded from the pension plan’s reported going concern liabilities if that benefit is payable only upon the full or partial wind up of the plan or upon the withdrawal of the employer as described in clause (c) of subsection (1) of section 10, unless the benefit relates to a partial wind up of the plan or the withdrawal of an employer with an effective date that precedes the date of the allocation.

Balance of assets

(6) Fourth, for the purposes of an asset allocation in any situation other than that described in clause (c), (d) or (e) of subsection (1) of section 10:

Balance of assets for certain asset allocations

(7) Fourth, for the purposes of an asset allocation in a situation described in clause (c), (d) or (e) of subsection (1) of section 10:

SECTION 14.
RULES OF APPLICATION

Alternative funding arrangements

14. (1) For the purposes of this Part, the assets of a pension plan include any alternative funding arrangement described in section 6 that exists in relation to the plan at the time the assets of the plan are allocated into portions in accordance with this Part.

Determining value of benefits and assets

(2) For the purposes of sections 11 to 13, except subsection (6) of section 13, the value of the benefits and other amounts payable under a pension plan and the assets of the plan shall be determined as if the pension plan were wound up on the date of allocation.

SECTION 15.
REDUCTION METHOD

15. (Revoked)

SECTION 16.
INSUFFICIENCY OF ASSETS

Insufficiency of assets

16. If, at one of the levels of priority of allocation established by section 13, the assets of a pension plan that have yet to be allocated to a portion described in subsection (2) of section 11 are less than the total value of the benefits and other amounts that rank equally in that level of priority of allocation, the available plan assets shall be allocated to the portions pro rata to the total value of the benefits and other amounts that rank equally in that level of priority of allocation.

SECTION 17.
USE OF ASSETS FOLLOWING ALLOCATION

Use of allocated assets

17. (1) Where an asset allocation for a pension plan is made under this Part in any situation other than that described in clause (c), (d) or (e) of subsection (1) of section 10, each portion of the assets of the plan allocated in accordance with sections 11 to 16 shall be utilized in conformity with the pension legislation applicable to the benefits and other amounts related to that portion.

Use of allocated assets for certain asset allocations

(2) Where an asset allocation for a pension plan is made under this Part in a situation described in clause (c), (d) or (e) of subsection (1) of section 10, each portion of the assets of the plan allocated in accordance with sections 11 to 16 shall be utilized, in conformity with the pension legislation applicable to the benefits and other amounts related to that portion, to satisfy payment of those benefits and other amounts arising from the wind up of the plan or the withdrawal of the employer, as the case may be. In addition, any remaining assets related to that portion shall be distributed in accordance with that pension legislation, if so required under that legislation. No assets of the plan allocated to one portion shall be utilized to satisfy payment of the benefits and other amounts related to another portion on the wind up of the plan or the withdrawal of the employer, as the case may be.

Use of remaining allocated assets

(3) Where a situation described in clause (c) or (d) of subsection (1) of section 10 occurs and the assets of a pension plan that have been allocated to a portion in accordance with sections 11 to 16 have been utilized to fully satisfy payment of the benefits and other amounts related to that portion that arise from the partial wind up of the plan or the withdrawal of the employer, as the case may be, and any other assets related to that portion have been distributed as required by the pension legislation applicable to the benefits and other amounts related to that portion, any remaining assets related to that portion shall remain in the pension fund of the plan and be commingled with the other assets therein.

PART V
RELATIONS BETWEEN AUTHORITIES
SECTION 18.
COOPERATION

Reciprocal obligations

18. The pension supervisory authorities that are subject to this Agreement shall:

PART VI
EXECUTION AND COMING INTO FORCE OF AGREEMENT
SECTION 19.
EXECUTION AND COMING INTO FORCE

Effective date

19. This Agreement shall come into force:

SECTION 20.
ADDITIONAL PARTIES

Unanimous consent

20. (1)  A government may become party to this Agreement with the unanimous consent of the parties to this Agreement.

Effects

(2) This Agreement shall enure to the benefit of and be binding upon a government that becomes party to this Agreement, the government’s jurisdiction and the jurisdiction’s pension supervisory authority as of the date referred to in section 19.

SECTION 21.
WITHDRAWAL

Written notice

21. (1) A party to this Agreement may withdraw from this Agreement by giving written notice to all other parties to this Agreement. Such notice shall be signed by a person authorized by the laws of the withdrawing party’s jurisdiction to sign this Agreement.

Waiting period

(2) The withdrawal shall take effect on the first day of the month following expiry of a period of eighteen months following the date on which the notice was transmitted. The withdrawal shall affect only the withdrawing party, and this Agreement shall remain in force for all other parties to this Agreement.

Minor authority

(3) Where, upon expiry of the eighteen month period referred to in subsection (2), the pension supervisory authority for the withdrawing party’s jurisdiction acts as a minor authority with respect to a pension plan, the major authority for the plan shall provide, upon request, that minor authority with copies of all relevant records, documents and other information concerning the plan in the major authority’s possession.

Major authority

(4) Where, upon expiry of the eighteen month period referred to in subsection (2), the pension supervisory authority for the withdrawing party’s jurisdiction acts as the major authority for a pension plan, such authority shall:

Notice by major authority

(5) The pension supervisory authority that becomes a pension plan’s new major authority in accordance with subsection (4) shall, as soon as possible after assuming its functions, inform the plan administrator and each of the plan’s minor authorities of the date on which it assumed the functions of major authority.

Notice by plan administrator

(6) The administrator of a pension plan that receives from the plan’s new major authority notice of the information provided for in subsection (5) shall transmit such information:

Decisions and recourse

(7) Despite sections 4 and 6, where a pension supervisory authority becomes a pension plan’s new major authority in accordance with subsection (4):

SECTION 22.
AMENDMENT

Unanimous consent

22. This Agreement may be amended with the unanimous written consent of each of the parties to this Agreement.

SECTION 23.
COUNTERPARTS

Execution in counterparts

23. This Agreement or any amendment to this Agreement may be executed in counterparts.

SECTION 24.
EXECUTION IN ENGLISH AND IN FRENCH

Authentic texts

24. This Agreement and any amendment to this Agreement shall be executed in the English and French languages, each text being equally authoritative.

PART VII
IMPLEMENTATION AND TRANSITIONAL PROVISIONS
SECTION 25.
REPLACEMENT

Prior agreements

25. Subject to sections 27 and 28, as of the date referred to in section 19, this Agreement replaces the agreement entitled “Memorandum of Reciprocal Agreement” and any similar agreement respecting the application of pension legislation to pension plans that has been made between the governments that are party to this Agreement or between the ministries, departments, offices, units or agencies of such governments.

SECTION 26.
TRANSITION

Preliminary measure

26. (1) Where this Agreement comes into force on a date referred to in section 19, and on that date a pension plan first becomes subject to this Agreement:

Equal number of active members

(2) Where the major authority for a pension plan cannot be determined by applying clause (b) of subsection (1) because two or more jurisdictions have authority over an equal number of active members of the plan, the major authority for the plan shall be, of those jurisdictions, the authority whose main office is in closest proximity to the main office of the administrator of the plan. For the purposes of this subsection:

Notice by major authority

(3) The pension supervisory authority that becomes a pension plan’s major authority in accordance with this section shall, as soon as possible after assuming its functions, inform the plan administrator and each of the plan’s pension supervisory authorities of the date on which it assumed the functions of major authority.

Decisions and recourse

(4) Despite sections 4 and 6, where a pension supervisory authority becomes a pension plan’s major authority in accordance with this section:

New party to this Agreement after July 1, 2020

(5) Despite sections 4 and 6, if this Agreement comes into force after July 1, 2020, in respect of a government that was not party to this Agreement before that date, and a pension plan is, on the date this Agreement comes into force in respect of that party, already subject to this Agreement:

PART VIII
FINAL AND SPECIAL PROVISIONS
SECTION 27.
REPLACEMENT OF 2016 AGREEMENT

2016 agreement

27. As of July 1, 2020, this Agreement replaces the agreement entitled “2016 Agreement Respecting Multi-jurisdictional Pension Plans” which came into force on July 1, 2016, in respect of the governments of British Columbia, Nova Scotia, Ontario, Quebec and Saskatchewan. The application of that agreement is limited to matters referred to in section 28.

SECTION 28.
ADDITIONAL TRANSITIONAL RULE

Pending matters under 2016 agreement

28. Despite section 27, any matter related to a pension plan that was subject to the agreement entitled “2016 Agreement Respecting Multi-jurisdictional Pension Plans” on June 30, 2020, and that was still pending on that date before a pension supervisory authority that was subject to that agreement, an administrative body or a court continues to be subject to the requirements of that agreement.

SECTION 29.
WITHDRAWAL FROM AGREEMENT

29. (Revoked)

SCHEDULE A
PENSION LEGISLATION

Alberta

1. Employment Pension Plans Act, S.A. 2012, c. E-8.1.

British Columbia

2. Pension Benefits Standards Act, S.B.C. 2012, c. 30.

Manitoba

3. The Pension Benefits Act, C.C.S.M., c. P32.

New Brunswick

4. Pension Benefits Act, S.N.B. 1987, c. P-5.1.

Newfoundland and Labrador

5. Pension Benefits Act, 1997, S.N.L. 1996, c. P-4.01.

Nova Scotia

6. Pension Benefits Act, S.N.S. 2011, c. 41.

Ontario

7. Pension Benefits Act, R.S.O. 1990, c. P.8.

Quebec

8. Supplemental Pension Plans Act, C.Q.L.R., c. R-15.1.

Saskatchewan

9. The Pension Benefits Act, 1992, S.S. 1992, c. P-6.001.

Federal jurisdiction

10. Pension Benefits Standards Act, 1985, R.S.C. 1985 (2nd supp.), c. 32.

SCHEDULE B
MATTERS COVERED BY INCORPORATED LEGISLATIVE PROVISIONS
SECTION 1.
MAJOR AUTHORITY’S PENSION LEGISLATION

Major authority’s pension legislation

1. The pension legislation applicable to a pension plan shall be the pension legislation of the jurisdiction of the major authority for the plan in the following areas of pension legislation:

Registration of pension plans

1. Legislative provisions respecting:

Registration of pension plan amendments

2. Legislative provisions respecting:

Pension plan administrators

3. Legislative provisions respecting:

Pension plan administrators’ duties

4. Legislative provisions respecting:

Pension plan records

5. Legislative provisions respecting:

Funding of ongoing pension plans

6. Legislative provisions respecting the following requirements related to the funding of ongoing pension plans (but not for the situations described in clauses (c), (d) and (e) of subsection (1) of section 10 of this Agreement):

Pension fund investments

7. Legislative provisions respecting:

Pension fund assets

8. Legislative provisions respecting:

Provision of information

9. Legislative provisions respecting:

Plan membership

10. Legislative provisions respecting:

Appointment of pension plan administrator

11. Legislative provisions respecting:

SECTION 2.
MAJOR AUTHORITY’S POWERS

Major authority’s powers

2. Where the pension legislation of the major authority’s jurisdiction applies to a pension plan in accordance with section 1 of this Schedule, the following areas of the pension legislation of the major authority’s jurisdiction shall, for the purposes of the plan and all jurisdictions that are subject to this Agreement in respect of the plan, also apply in respect of the application of the pension legislation described in section 1 of this Schedule:

Powers of examination, investigation or inquiry

1. All powers of examination, investigation or inquiry given to the major authority.

Orders, directions, approvals or decisions

2. The issuance of, or proposal to issue, orders, directions, approvals or decisions by the major authority, and any modification as may be made to such an order, direction, approval or decision by the authority, an administrative body or a court.

Reconsideration or review

3. The rights of the plan or a person affected by an order, direction, approval or decision of the major authority, an administrative body or a court to have the order, direction, approval or decision reconsidered or reviewed by the authority, an administrative body or a court.

Offences and penalties

4. The offences and penalties that may be applied where the plan or a person is found to have contravened the terms of the applicable pension legislation.

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for Alberta, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Edmonton,

the 14th day of May, 2020.

The Honourable Travis Toews
President of Treasury Board and Minister of Finance

Approved pursuant to the Government Organization Act:

Coleen Volk May 14, 2020
Intergovernmental Relations,
Executive Council

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for British Columbia, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Victoria,

the 29th day of April, 2020.

The Honourable Carole James
Minister of Finance

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant-Governor in Council for New Brunswick, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Fredericton,

the 12th day of May, 2020.

The Honourable Ernie L. Steeves
Minister of Finance and Treasury Board

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Governor in Council for Nova Scotia, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Halifax, N.S.,

the 5th day of May, 2020.

The Honourable Karen Lynn Casey
Minister of Finance and Treasury Board

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for Ontario, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at City of Toronto,

the 28th day of April, 2020.

The Honourable Rod Phillips
Minister of Finance

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Government of Quebec, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Québec,

the 27th day of May, 2020.

The Honourable Eric Girard
Minister of Finance

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF,

the undersigned, being duly authorized by the Government of Quebec, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Québec

the 12th day of May, 2020.

The Honourable Sonia LeBel
Minister responsible for Canadian Relations and the Canadian Francophonie

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Lieutenant Governor in Council for Saskatchewan, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Saskatoon,

the 11th day of May, 2020.

The Honourable Don Morgan
Minister of Justice and Attorney General

2020 AGREEMENT RESPECTING MULTI-JURISDICTIONAL PENSION PLANS

IN WITNESS WHEREOF, the undersigned, being duly authorized by the Governor in Council for Canada, has signed this 2020 Agreement Respecting Multi-jurisdictional Pension Plans.

Signed at Ottawa,

the 13th day of May, 2020.

The Honourable William Francis Morneau
Minister of Finance

EXPLANATORY NOTE

Proposal

To authorize the Minister of Finance, pursuant to section 6.1(1) of the Pension Benefits Standards Act, 1985 (PBSA) to enter into the 2020 Agreement Respecting Multi-Jurisdictional Pension Plans (the 2020 Agreement).

Objective

The objective of the 2020 Agreement is to clarify and simplify the regulation of multi-jurisdictional pension plans across Canada.

Background

The PBSA and its Regulations, the Pension Benefits Standards Regulations, 1985 (PBSR), set out the legislative and regulatory requirements for private registered pension plans sponsored by employers in industries that are federally regulated, such as navigation and shipping, banking, inter-provincial transportation and communications, as well as employment in the Yukon, the Northwest Territories and Nunavut. In addition, all Canadian provinces except Prince Edward Island have pension benefits standards legislation regulating pension plans and the members of such plans in their respective jurisdictions.

Some pension plans have members in more than one jurisdiction, which makes the plan subject to the pension benefits standards legislation of multiple jurisdictions. Such a situation can arise when a plan sponsor has employees who work in both federally and provincially regulated areas of employment (e.g., an airline that offers the same pension plan to all its employees would have pilots under federal pension jurisdiction and head office employees under provincial pension jurisdiction).

The requirements of the various pension benefits standards legislation in Canada are broadly similar, but differences exist. Without an agreement that sets out how different jurisdictions’ pension legislation will apply, such plans face practical and legal difficulties in complying with the applicable requirements of different jurisdictions. In addition, there are areas, such as the allocation of assets on plan termination and wind up, where cooperation between jurisdictions is required.

Starting in 1968, most jurisdictions relied on reciprocal agreements to clarify the application of each jurisdiction’s legislation. These allowed multi-jurisdictional plans to register with only one pension regulator, but required that regulator to apply the pension legislation of each applicable jurisdiction.

Recognizing the continued regulatory problems faced by multi-jurisdictional pension plans, the Canadian Association of Pension Supervisory Authorities (CAPSA) worked with the federal government and provinces to develop a multilateral agreement to clarify and simplify the regulation of multi-jurisdictional pension plans across Canada.

Those efforts resulted in the release of a draft agreement in 2008. Following public consultations, a revised version of that agreement was entered into by the governments of Ontario and Quebec and came into effect between those jurisdictions on July 1, 2011.

In 2016, Ontario, Quebec, Nova Scotia, British Columbia and Saskatchewan entered into a revised agreement, which came into effect on July 1, 2016. In 2017, CAPSA held public consultations on potential funding and asset allocation requirements, which resulted in the 2020 Agreement.

Under the PBSA, the Minister of Finance has the authority, subject to Governor in Council approval, to enter into agreements with designated provinces in respect of pension plans with members in both federally regulated and provincially regulated employment.

Implications

The 2020 Agreement sets out an approach for the application of federal and provincial pension legislation for multi-jurisdictional pension plans. It would clarify and simplify the regulation of multi-jurisdictional pension plans across Canada. It would also improve equity among members of these plans by subjecting them to the same funding standards.

The 2020 Agreement includes four main components:

Pursuant to section 6.1 of the PBSA, the 2020 Agreement and a notice that it will come into force on July 1, 2020, will be published in the Canada Gazette, Part I. In addition, the 2020 Agreement will be tabled in each House of Parliament once all participating parties have signed.

Consultation

The 2020 Agreement was drafted by a CAPSA working group, in consultation with the federal government and all provinces with pension benefits standards legislation. In 2017, CAPSA held public consultations on key elements of the 2020 Agreement with stakeholders and received submissions from representatives of plan sponsors, retirees and active members as well as pension industry professionals. Comments from stakeholders were taken into account in drafting the final 2020 Agreement.

Contact

Lynn Hemmings
Director General
Financial Crimes and Security Division
90 Elgin Street, 13th Floor
Ottawa, Ontario
K1A 0G5
Email: Lynn.Hemmings@canada.ca

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed guideline for Canadian drinking water quality for metribuzin

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of a proposed guideline for Canadian drinking water quality for metribuzin. The proposed guideline document is available as of June 12, 2020, on the Water Quality website. Any person may, within 90 days after publication of this notice, file with the Minister of Health written comments on the proposed document. Comments must be sent by email at HC.water-eau.SC@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, AL 4903D, Ottawa, Ontario K1A 0K9.

June 12, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guideline

A maximum acceptable concentration (MAC) of 0.08 mg/L (80 μg/L) is proposed for metribuzin in drinking water.

Executive summary

This guideline technical document was prepared in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water and is based on assessments of metribuzin completed by Health Canada’s Pest Management Regulatory Agency (PMRA) and supporting documents.

Exposure

Metribuzin is a pre- and post-emergent herbicide used to control broadleaf weeds and grasses in agriculture. In 2016 (the most recent year for which data are available), more than 100 000 kg of metribuzin (as an active ingredient) was sold in Canada. Metribuzin is released into the environment as surface runoff following agricultural spraying (particularly within two weeks of soil application), as tile drain effluent, from accidental discharge or as spray drift. It has the potential to leach into groundwater or move into surface water.

Data provided by provinces and territories that monitor for metribuzin indicate that metribuzin is not commonly found in source or drinking water in Canada. However, low levels of metribuzin have been found in source and treated drinking water in a few Canadian provinces during targeted monitoring programs in agricultural areas where metribuzin is being applied. Although metribuzin is used on food crops, it is rarely detected in foods.

Health effects

In repeat-dose animal studies, metribuzin primarily targeted the liver and, to a lesser extent, the thyroid but did not cause birth defects, reproductive effects or an increase in cancer. Of the available studies in humans, there was no relationship between exposure to metribuzin and the incidence of cancer or Parkinson’s disease. The proposed MAC of 0.08 mg/L (80 µg/L) is based on liver effects seen in a two-year dog study.

Analytical and treatment considerations

The establishment of a drinking water guideline takes into consideration the ability to both measure the contaminant and remove it from drinking water supplies. Several analytical methods are available for measuring metribuzin in water at concentrations well below the proposed MAC.

At the municipal level, treatment technologies that are available to effectively decrease metribuzin concentrations in drinking water include oxidation, activated carbon adsorption, and membrane filtration. These technologies are capable of achieving treated water concentrations well below the proposed MAC. Although metribuzin may be removed using common oxidants used for disinfection (e.g. chlorine), utilities should be aware of the potential formation of degradation by-products.

In cases where metribuzin removal is desired at a small system or household level, for example when the drinking water supply is from a private well, a residential drinking water treatment unit may be an option. Although there are no treatment units currently certified for the removal of metribuzin from drinking water, activated carbon adsorption and reverse osmosis technologies are expected to be effective. When using a residential drinking water treatment unit, it is important to take samples of water entering and leaving the treatment unit and send them to an accredited laboratory for analysis to ensure that adequate metribuzin removal is occurring.

Application of the guideline

Note: Specific guidance related to the implementation of drinking water guidelines should be obtained from the appropriate drinking water authority in the appropriate jurisdiction.

The proposed guideline is protective against health effects from exposure to metribuzin in drinking water over a lifetime. Any exceedance of the proposed MAC should be investigated. For an exceedance in source water where there is no treatment in place, an investigation to determine the most appropriate way to reduce exposure to metribuzin should be conducted. This may include use of an alternate water supply or installation of treatment. Where treatment is already in place and an exceedance occurs, an investigation should be conducted to verify the efficacy of treatment and determine if adjustments are needed to lower the treated water concentration below the proposed MAC.

International considerations

Other national and international organizations have drinking water guidelines, standards and/or guidance values. Variations in these values can be attributed to the age of the assessments or to differing policies and approaches, including the choice of key study and the use of different consumption rates, body weights and source allocation factors.

Australia’s National Health and Medical Research Council has set a guideline value of 0.07 mg/L for metribuzin in drinking water. The United States Environmental Protection Agency (U.S. EPA) does not have a regulatory value for metribuzin. The U.S. EPA considers that regulating metribuzin in drinking water would have little impact on human health risk reduction, as its occurrence in public water systems and the number of people potentially exposed through drinking water are low. Both the World Health Organization (WHO) and the European Union (EU) have not set specific guideline values for metribuzin, although the EU has a generic guideline value of 0.1 µg/L for a single pesticide and a value of 0.5 µg/L for total pesticides in drinking water.

DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Proposed Residential Indoor Air Quality Guidelines for Acrolein

Pursuant to subsection 55(3) of the Canadian Environmental Protection Act, 1999, the Minister of Health hereby gives notice of the proposed Residential Indoor Air Quality Guidelines for Acrolein. The proposed Residential Indoor Air Quality Guidelines (RIAQG) are available from June 12, 2020, to August 11, 2020, on the Canada.ca website. Any person may, within 60 days after publication of this notice, file with the Minister of Health written comments on the proposed RIAQG. Comments must be sent either by email at hc.air.sc@canada.ca, or by regular mail to the Water and Air Quality Bureau, Health Canada, 269 Laurier Avenue West, AL 4903B, Ottawa, Ontario K1A 0K9.

June 12, 2020

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

ANNEX

Proposed guidelines

The proposed short-term (one hour) exposure limit for acrolein is 38 µg/m3 and the proposed long-term exposure limit is 0.44 µg/m3 (based on 24-hour average).

Levels of acrolein in a typical Canadian home are likely below the short-term but above the long-term exposure limits, and accordingly may pose a health risk, specifically related to adverse respiratory effects. It is therefore recommended to reduce exposure to acrolein by ensuring adequate ventilation and controlling indoor sources.

Background

Acrolein is a very reactive and volatile compound, found in both indoor and outdoor air. It is ubiquitous throughout the ambient environment. In 2017, Health Canada established an indoor air reference level (IARL) for acrolein. IARLs represent concentrations that are associated with acceptable levels of risk after long-term exposure for a specific volatile organic compound (VOC), as determined by the organization or jurisdiction that performed the risk assessment. As levels of acrolein in Canadian homes frequently exceed the IARL, and in order to more fully characterize sources of acrolein in the indoor environment, acrolein was prioritized for a full risk assessment and RIAQG development.

The proposed RIAQG review the epidemiological, toxicological, and exposure research on acrolein as well as the conclusions from a number of comprehensive reviews from internationally recognized health and environmental organizations. They are intended to provide proposed short- and long-term indoor air exposure limits for acrolein, which would minimize risks to human health, and to support the development of actions to limit acrolein emissions. The RIAQG also show that levels in Canadian homes may potentially present a health risk and recommend various risk mitigation measures to reduce exposure to acrolein.

Sources and exposure

Acrolein is ubiquitous in the environment. The primary natural source of acrolein is incomplete combustion of organic matter during forest fires. Acrolein is also generated by the combustion of fuels, mostly by motor vehicles (including aircraft), and by industrial processes.

Acrolein levels in residential indoor air are generally greater than outdoor levels. Some of the sources of acrolein in indoor air are smoking, using gas stoves or wood-burning fireplaces, burning incense, cooking with oils, and secondary formation by oxidation of other VOCs from products and building materials.

Due to its reactivity, acrolein is one of the most difficult pollutants to measure in indoor air.

Health effects

Key health effects include eye and respiratory irritation, and tissue damage in the respiratory tract. Sensitized individuals such as asthmatics as well as individuals with chronic pulmonary disease or bronchitis may be more susceptible to the health effects of acrolein exposure. Children, especially those with asthma, may also be more likely to show adverse respiratory effects following exposure to acrolein. Pre-existing nasal allergies can also intensify the response to nasal irritants.

Risk management recommendations

Strategies for reducing indoor exposure to acrolein include the following: increasing ventilation; using a range hood exhaust fan with outside venting, using back burners, and opening windows or running the fan in the furnace or ventilation system while cooking, especially with oils; not smoking or burning candles or incense inside the home, and ensuring proper ventilation to the outside during use of combustion appliances; and decreasing VOC levels in the home to reduce secondary formation of acrolein.

Application of the guidelines

The RIAQG documents serve as a scientific basis for activities to evaluate and reduce the risk from indoor air pollutants, including the following: assessments by public health officials of health risks from indoor air pollutants in residential or similar environments; performance standards that may be applied to pollutant-emitting materials, products, and devices, so that their normal use does not lead to air concentrations of pollutants exceeding the proposed exposure limits; and communication products informing Canadians of actions they can take to reduce their exposure to indoor air pollutants and to help protect their health.

DEPARTMENT OF HEALTH

CANNABIS ACT

Notice of intent to consult on Health Canada’s proposal to provide the cannabis industry with financial relief amid the COVID-19 pandemic

As a result of the economic impact of the COVID-19 pandemic on the cannabis industry, Health Canada is considering the making of an order to potentially defer the 2020–2021 payment due date. The potential deferral would apply to the annual fee for cannabis licence holders in their first or subsequent fiscal years (those issued a licence prior to April 1, 2020).

Consultation

The purpose of the consultation is to solicit input and views on the proposed approach from the public and licence holders. Health Canada is seeking feedback for a period of 14 days beginning on the date of publication of this notice and closing on June 27, 2020.

To provide comments, please visit Health Canada’s consultation webpage or submit them directly to hc.cannabiscrf-rcf.sc@canada.ca.

John Clare
Director General
Strategic Policy, Cannabis
Controlled Substances and Cannabis Branch

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Decisions and orders on claims for exemption

A supplier can file a claim for exemption with Health Canada under the Hazardous Materials Information Review Act (HMIRA) from having to disclose information, under the Hazardous Products Act (HPA) and the Hazardous Products Regulations (HPR), that they consider to be confidential business information (CBI) on a safety data sheet (SDS) or label associated with a hazardous product.

An employer can also file a claim for exemption under the HMIRA with Health Canada from having to disclose information, under the Canada Labour Code or the provisions of the Accord Act, that they consider to be CBI on an SDS or label associated with a hazardous product.

Notice is hereby given of the decisions and orders on the validity of each claim for exemption, as well as the compliance of the relevant SDS and label (where applicable) with the HPA and the HPR. The details related to decisions that were found to be valid and the corrective measures that have been implemented voluntarily will not be published. Should a claimant, the general public, or anyone involved in the use or supply of hazardous products in the workplace wish to review or have concerns about a specific product, the corrective measures for the claim will be made available (in the official language of preference) upon request by contacting the Workplace Hazardous Materials Bureau by email at hc.whmis.claim-demande.simdut.sc@canada.ca.

However, information on orders issued and the associated non-compliances are provided in the tables contained in this notice.

Lynn Berndt-Weis
Director
Workplace Hazardous Materials Bureau
Consumer and Hazardous Products Safety Directorate
Healthy Environments and Consumer Safety Branch

On March 18, 2020, the HMIRA was amended. Certain requirements and provisions were changed and updated. The appeals process under the HMIRA has been removed and the related Hazardous Materials Information Review Act Appeal Board Procedures Regulations were repealed. Note that the provisions referenced in this publication refer to the previous HMIRA, as all decisions were issued prior to the coming into force of the new provisions.

The claimant name on which a decision was issued for the following claims is different from the claimant name that was published in the Notice of Filing.

Registry Number

Notice of Filing Publication Date

Original Claimant Name

New Claimant Name

9685

2016-01-23

Canadian Energy Services

CES Energy Solutions

9711

2016-01-23

Nalco Canada ULC

ChampionX Canada ULC

10386

2016-11-05

Nalco Canada ULC

ChampionX Canada ULC

11121

2017-03-25

Nalco Canada ULC

ChampionX Canada ULC

11123

2017-03-25

Nalco Canada ULC

ChampionX Canada ULC

11221

2017-06-10

Nalco Canada ULC

ChampionX Canada ULC

11744

2017-10-07

HPPE

Integrity Bio-Chem

12073

2018-06-09

Nalco Canada ULC

ChampionX Canada ULC

The subject of the claim on which a decision was issued for the following claims is different from the subject of the claim that was published in the Notice of Filing.

Registry Number

Notice of Filing Publication Date

Original Subject of the Claim

Revised Subject of the Claim

9040

2014-01-25

C.i. of two ingredients

C.i. and C. of two ingredients

9606

2015-11-07

C.i. of two ingredients

C.i. of one ingredient

9698

2016-01-23

C.i. and C. of two ingredients

C.i. and C. of three ingredients

9711

2016-01-23

C.i. and C. of four ingredients

C.i. of five ingredients

9716

2016-01-23

C.i. and C. of one ingredient

C.i. and C. of one ingredient
C. of one ingredient

9862

2016-07-30

C.i. and C. of one ingredient
C. of one ingredient

C.i. of one ingredient

10002

2016-07-30

C.i. and C. of two ingredients
C. of seven ingredients

C.i. and C. of one ingredient

10386

2016-11-05

C.i. and C. of four ingredients

C.i. of five ingredients

10932

2017-01-28

C.i. and C. of three ingredients
C. of one ingredient

C.i. of three ingredients

11121

2017-03-25

C.i. and C. of one ingredient

C.i. of one ingredient

11123

2017-03-25

C.i. and C. of two ingredients
C. of four ingredients

C.i. and C. of two ingredients

11221

2017-06-10

C.i. and C. of one ingredient
C. of one ingredient

C.i. of one ingredient

11230

2017-06-10

C.i. and C. of one ingredient
C. of two ingredients

C.i. of one ingredient

11744

2017-10-07

C.i. and C. of four ingredients
C. of one ingredient

C.i. of five ingredients

11844

2018-01-13

C.i. and C. of three ingredients

C.i. and C. of three ingredients
C. of three ingredients

11845

2018-01-13

C.i. and C. of two ingredients

C.i. and C. of two ingredients
C. of three ingredients

11847

2018-01-13

C.i. and C. of one ingredient

C.i. and C. of one ingredient

12062

2018-06-09

C.i. and C. of one ingredient
C. of one ingredient

C.i. of two ingredients

12172

2018-07-21

C.i. and C. of one ingredient
C. of nine ingredients

C.i. and C. of one ingredient
C. of seven ingredients

12206

2018-08-18

C.i. of one ingredient
C. of two ingredients

C.i. of one ingredient

12262

2018-11-24

C.i. and C. of one ingredient
C. of three ingredients

C.i. and C. of one ingredient
C. of one ingredient

Note: C.i. = chemical identity and C. = concentration

CLAIMS FOR EXEMPTION THAT ARE FOUND TO BE VALID AND FOR WHICH ALL CORRECTIVE MEASURES WERE IMPLEMENTED VOLUNTARILY

Each of the claims for exemption listed in the table below was found to be valid. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and the HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances and all the corrective measures were implemented voluntarily.

Registry Number

Claimant

Product Identifier

Date of Decision

Date of Compliance

9040

Advanced Refining Technologies LLC

ICR 512

2019-11-26

2020-01-09

9606

Lamberti Canada, Incorporated

LDP 3206

2019-10-25

2019-12-20

9675

Exaltexx Inc.

ACA - Acid Controlling Additive

2019-10-09

2020-01-31

9685

CES Energy Solutions

SuperCorr A

2019-10-18

2019-11-25

9698

Schlumberger Technology Corporation

Water Friction Reducing Agent J618

2019-10-21

2019-12-13

9711

ChampionX Canada ULC

SCI-FOAM™ EC7029A

2019-11-13

2020-03-03

9862

Nalco Canada ULC

NALCO® 64591

2020-01-10

2020-02-28

9867

Lamberti Canada, Incorporated

ESATERGE 226/A-S

2019-10-18

2019-12-06

9943

Sialco Materials Ltd.

Lostris - DAA

2020-01-08

2020-01-30

9975

Chemtrade Logistics INC.

VIRWITE LIQUID (SERIES 200)

2020-01-09

2020-01-31

9976

Chemtrade Logistics INC.

VIRWITE LIQUID (SERIES 300)

2020-01-10

2020-01-31

10002

Afton Chemical Corporation

HiTEC® 4142 Fuel Additive

2019-10-22

2019-12-20

10159

Innospec Fuel Specialties LLC

OGI-9340

2020-01-09

2020-02-18

10253

ECO-TEC Inc.

SGB/GPB

2019-08-16

2019-12-13

10386

ChampionX Canada ULC

FOAM17029A

2019-11-07

2020-03-03

10576

Baker Hughes Canada Company

WCW4610C COMBINATION PRODUCT

2019-12-09

2020-01-10

10577

Baker Hughes Canada Company

SULFIX™ 9252 SCAVENGER

2019-12-06

2020-01-09

10932

Nalco Canada ULC

RA-500

2019-11-06

2020-02-28

11037

Ingevity Corporation

PC-2198

2020-01-16

2020-02-18

11121

ChampionX Canada ULC

FFS4195

2019-11-22

2020-02-28

11123

ChampionX Canada ULC

EMBR18083A

2020-01-06

2020-03-03

11187

Sialco Materials Ltd.

EBR-2431

2019-11-27

2020-01-30

11214

Baker Hughes Canada Company

SCW4481 SCALE INHIBITOR

2019-12-03

2020-01-06

11221

ChampionX Canada ULC

FNE4303

2019-12-11

2020-02-28

11230

Nalco Canada ULC

EC3476A

2019-12-13

2020-03-12

11249

Lamberti Canada, Incorporated

SR 237

2019-11-08

2019-12-18

11268

BYK USA Inc.

BYK-W 995

2019-09-06

2020-02-28

11377

Nalco Canada ULC

NALCO® 62501

2019-11-04

2020-02-28

11419

Schlumberger Canada Limited

SC-6912

2019-10-18

2020-02-18

11424

Schlumberger Canada Limited

SI-4592

2019-11-06

2020-01-06

11448

Schlumberger Canada Limited

KI-3855

2019-11-06

2020-01-14

11722

Secure Energy Services Inc.

SECURE THERMOSOLV NCC

2019-10-10

2019-12-10

11723

ChampionX Canada ULC

EMBR18127A

2020-01-31

2020-03-03

11735

Sialco Materials Ltd.

EBR-2432

2019-11-19

2020-01-31

11744

Integrity Bio-Chem

CleanSurf 32

2019-11-04

2020-01-30

11790

Ingevity Corporation

NDULIN® MQ-65 (Export Only)

2020-01-16

2020-01-31

11811

Suez Water Technologies & Solutions

SPEC-AID 8Q5153ULS

2019-10-11

2020-01-06

11847

Win Manuco Ltd.

NGE

2019-10-01

2020-01-06

11855

Calfrac Well Services Ltd.

CalStim EB-1

2019-12-10

2019-12-20

11906

Calfrac Well Services Ltd.

DynaRate 6524

2019-11-07

2019-12-10

11910

Nalco Canada ULC

FROTH PRO 706

2019-10-18

2019-11-27

11918

Suez Water Technologies & Solutions

PROSWEET S1800

2019-10-11

2020-01-06

11953

Baker Hughes Canada Company

TRETOLITE™ RBW747 WATER CLARIFIER

2019-11-19

2019-12-20

11999

Calfrac Well Services Ltd.

DAP-131

2019-12-13

2020-01-09

12057

Baker Hughes Canada Company

RE33804WAW

2019-10-22

2019-12-11

12059

Baker Hughes Canada Company

RE33828WAO Process Aid

2019-11-14

2020-02-14

12062

Nalco Canada ULC

NALCO® 61525

2019-12-12

2020-03-03

12073

ChampionX Canada ULC

AFMR20106C

2019-10-09

2020-03-03

12080

Baker Hughes Canada Company

RE33831WAW Diluent Loss Reducer

2019-11-27

2019-12-20

12091

Chemours Canada Company

Capstone™ FS-30

2019-10-25

2019-11-22

12094

Suez Water Technologies & Solutions

Dustreat DC9170

2019-09-23

2019-12-20

12103

Nalco Canada ULC

SULFA-CHECK(TM) EC5491A

2019-10-18

2020-03-12

12106

Schlumberger Canada Limited

PIPE-LAX* ENV

2019-10-18

2020-01-06

12110

Hexion Inc.

EPIKURE ™ Curing Agent 3388

2019-10-28

2020-01-31

12111

Suez Water Technologies & Solutions

Petroflo 20Y3450

2019-09-13

2020-02-03

12122

Ingevity Corporation

EnvaMul 2178

2019-11-25

2019-12-13

12124

Nalco Canada ULC

VX12003

2019-09-24

2019-12-13

12137

Ashland Canada Corp.

PLIOGRIP 6600 ADHESIVE

2020-01-16

2020-03-04

12138

Ashland Canada Corp.

PLIOGRIP 9400 ADHESIVE

2020-01-16

2020-03-04

12156

Clean Harbours

Paratene D707

2019-11-01

2019-12-13

12157

Clean Harbours

Paratene D708

2019-11-06

2019-12-13

12177

Chemtrade Logistics INC.

Clar+Ion A502P

2019-10-01

2019-12-11

12179

Chemtrade Logistics INC.

Clar+Ion A505P

2019-10-01

2019-12-11

12180

Chemtrade Logistics INC.

Clar+Ion A510P

2019-10-01

2019-12-06

12181

Chemtrade Logistics INC.

Clar+Ion A515P

2019-10-01

2019-12-11

12182

Chemtrade Logistics INC.

Hyper+Ion 705

2020-01-09

2020-03-12

12190

Calfrac Well Services Ltd.

R-V1012

2019-12-10

2020-02-13

12191

Calfrac Well Services Ltd.

R-V1013

2019-12-10

2020-02-13

12193

Nalco Canada ULC

NALCO® DVSLC009

2019-11-08

2020-03-03

12198

The QUIKRETE Companies, LLC

TSA Target Shotcrete Accelerator

2019-12-16

2020-01-06

12199

Nalco Canada ULC

HSCV18391A

2019-12-13

2020-02-13

12206

Afton Chemical Corporation

HiTEC 5158 Performance Additive

2019-12-06

2020-02-13

12228

Chemours Canada Company

Capstone™ ST-110

2019-12-12

2020-01-09

12241

Nalco Canada ULC

NALCO® 73801WR

2019-11-27

2020-03-03

12262

Baker Hughes Canada Company

SULFIX™ 9658G ADDITIVE

2019-12-19

2020-02-18

ORDERS ISSUED FOR THE CLAIMS FOR EXEMPTION

Each of the claims for exemption listed in the table below was issued an order under the Hazardous Materials Information Review Act.

Registry Number

Claimant

Product Identifier

Date of Decision

9706

Multi-Chem Production Chemicals Co.

MC MX 3-4070

2019-11-06

9716

Schlumberger Technology Corporation

Ecotrol F

2019-06-05

9663

MacDermid Alpha

ALPHA® WS-820 Solder Paste 96.5Sn/3.0Ag/0.5Cu 88-3-M19

2019-12-13

10329

Multi-Chem Production Chemicals Co.

MC MX 497-1

2019-10-22

10373

BWA Water Additives US LLC

BELLASOL S60

2019-10-25

10416

Flotek Chemistry

BetaPro AC

2019-11-08

10619

Halliburton Group Canada

FDP-S1176-15

2019-11-04

11105

Schlumberger Canada Limited

HR 2624

2019-10-18

11603

Halliburton Group Canada

Excelerate LX-1

2019-10-23

11604

Halliburton Group Canada

Excelerate LX-3

2019-10-23

11605

Halliburton Group Canada

Excelerate LX-4

2019-10-25

11620

Halliburton Group Canada

FDP-M1066-12

2019-11-13

11621

Halliburton Group Canada

SCALECHEK LP-50

2019-11-14

11844

Halliburton Group Canada

PEN-88M

2019-11-07

11845

Halliburton Group Canada

SSO-21M WINTERIZED

2019-11-08

12015

Dow Chemical Canada ULC

UCARSOL(TM) HS SOLVENT 133

2019-11-14

12098

Multi-Chem Production Chemicals Co.

MC S-2029

2019-11-06

12167

Schlumberger Canada Limited

Resin Activator B80

2019-10-23

12172

Schlumberger Canada Limited

PI-7316

2019-10-10

12189

Baker Hughes Canada Company

ScaleSorb 7

2019-11-08

12192

Momentive Performance Materials, Tarrytown

Niax* silicone L-580

2019-10-17

12195

Pilot Chemical Company

Aristol A/W

2019-11-07

12244

DNA Genotek Inc.

Liquefaction Reagent: OM-LQR-400; OM-LQR-1600

2019-11-19

A portion of each of the claims for exemption listed below was found to be invalid. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 16(1) of the previous Hazardous Materials Information Review Act in relation to the claim or portion of it that is not valid. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and the HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances, and all the corrective measures were implemented voluntarily.

Registry Number: 10416

Date of order: 2019-11-08

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12189

Date of order: 2019-11-08

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

The claim for exemption listed below was found to be invalid, whether partially or fully. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 16(1) of the previous Hazardous Materials Information Review Act in relation to the claim or portion of it that is not valid. Furthermore, based on the information elements reviewed by Health Canada, non-compliances with the provisions of the HPA and the HPR were identified for the SDS or label associated with the claim for exemption. The claimant was given an opportunity to address these non-compliances, and all the corrective measures were implemented voluntarily.

Registry Number: 9716

Date of order: 2019-06-05

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Each of the claims for exemption listed below was found to be invalid, whether partially or fully. This decision was based on the review of the information in support of the claim, having regard exclusively to the criteria found in section 3 of the Hazardous Materials Information Review Regulations. An order has been issued pursuant to subsection 16(1) of the previous Hazardous Materials Information Review Act in relation to the claim that is not valid.

Registry Number: 10619

Date of order: 2019-11-04

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 11603

Date of order: 2019-10-23

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 11604

Date of order: 2019-10-23

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12015

Date of order: 2019-11-14

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12195

Date of order: 2019-11-07

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

Registry Number: 12244

Date of order: 2019-11-19

The claimant had been advised to amend the SDS (or label) to remove the link to the HMIRA registry number.

In the case of the following claims for exemption, they were found to be valid. However, the claimant did not address the non-compliances and the corrective measures were either not fully implemented or not implemented in a satisfactory manner within the specified period. Pursuant to subsection 17(1) of the previous Hazardous Materials Information Review Act, the claimant was ordered to comply with the applicable requirements of the HPA and the HPR.

Registry Number: 9663

Date of order: 2020-01-17

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 9706

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 10329

Date of order: 2019-11-26

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 10373

Date of order: 2019-11-29

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 11105

Date of order: 2019-11-25

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 11605

Date of order: 2019-12-17

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 11620

Date of order: 2019-12-17

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 11621

Date of order: 2019-12-17

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 11844

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 11845

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 12098

Date of order: 2019-12-11

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 12167

Date of order: 2019-12-06

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 12172

Date of order: 2019-11-19

The claimant had been advised to amend the SDS (or label) as indicated below.

Registry Number: 12192

Date of order: 2019-11-25

The claimant had been advised to amend the SDS (or label) as indicated below.

CLAIMS FOR EXEMPTION THAT WERE WITHDRAWN AFTER THE DECISION WAS ISSUED

In the case of the following claims for exemption, claimants requested the withdrawal of the claim after the decision was issued, as the CBI claim was no longer required.

Registry Number

Claimant

Product Identifier

Date of Decision

Date of Withdrawal

9454

Schlumberger Technology Corporation

Foaming Agent F109

2019-06-06

2019-11-04

9695

BWA Water Additives US LLC

BELCLENE 243

2019-01-07

2019-01-11

11283

Houghton International

Cerfa-Kleen SS-17

2019-07-30

2019-09-11

11904

Multi-Chem Production Chemicals Co.

MC MXI 3-2831

2019-07-04

2019-08-06

12169

Schlumberger Canada Limited

EPT-2801

2019-11-19

2020-03-04

9801

Multi-Chem Production Chemicals Co.

HyStop™ MXI 5-3912

2019-12-06

2020-03-04

9828

Momentive Performance Materials

Silblock* WMS

2019-12-09

2020-03-04

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19.

Ottawa, March 27, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19

Interpretation

Definitions

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

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.

Conflict

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

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), this Interim Order applies to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Provincial and Territorial Measures

Notification

3 Beginning on March 30, 2020, at 12:00 p.m. Eastern Daylight Time, before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check Before Boarding

Health check — operator

4 Beginning on March 30, 2020, at 12:00 p.m. Eastern Daylight Time, subject to section 6, an operator must conduct, at the boarding gate, a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

Additional questions

(2) In addition to the health check, the operator must ask every passenger

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions or the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who is subjected to a health check or is asked the additional questions must not provide answers that are false or misleading.

Exceptions

6 The operator is not required to conduct a health check for the following persons:

Prohibition

7 Beginning on March 30, 2020, at 12:00 p.m. Eastern Daylight Time, an operator is prohibited from allowing a passenger to board an aircraft for a flight that the operator operates if

Waiting period of 14 days

8 A passenger who is prohibited from boarding an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the prohibition, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

SCHEDULE

(Subsections 9(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

 

25,000

Section 4

 

25,000

Subsection 5(1)

 

25,000

Subsection 5(2)

 

25,000

Subsection 5(3)

 

25,000

Subsection 5(4)

5,000

 

Section 7

 

25,000

Section 8

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2 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 to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2.

Ottawa, April 9, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2

Interpretation

Definitions

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

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.

Conflict

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

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), this Interim Order applies to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

Additional questions

(2) In addition to the health check, the operator must ask every passenger

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional questions must

Observation — operator

(5) During the process of boarding an aircraft for a flight that the operator operates, the operator must observe whether any passenger is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

Prohibition

7 An operator must refuse to allow a passenger to board an aircraft for a flight that the operator operates if

Waiting period of 14 days

8 A passenger who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

10 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, made on March 27, 2020, is repealed.

SCHEDULE

(Subsections 9(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 4

5,000

25,000

Subsection 5(1)

5,000

25,000

Subsection 5(2)

5,000

25,000

Subsection 5(3)

5,000

25,000

Subsection 5(4)

5,000

 

Subsection 5(5)

5,000

25,000

Section 7

5,000

25,000

Section 8

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3 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 to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3.

Ottawa, April 17, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3

Interpretation

Definitions

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

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.

Conflict

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

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Beginning on April 20, 2020, at 12:00 p.m. Eastern Daylight Time, sections 18 to 20 apply to the screening authority at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

Additional questions

(2) In addition to the health check, the operator must ask every passenger

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

Observation — operator

(5) Before passengers board an aircraft for a flight that the operator operates, the operator must observe whether any passenger is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

Prohibition

7 An operator must refuse to allow a passenger to board an aircraft for a flight that the operator operates if

Waiting period of 14 days

8 A passenger who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Application

9 (1) Subject to subsection (2), sections 10 to 17 apply beginning on April 20, 2020, at 12:00 p.m. Eastern Daylight Time.

Exception

(2) Sections 10 to 17 do not apply to the following passengers:

Notification

10 An operator must notify every passenger that intends to board an aircraft for a flight that the operator operates that

Confirmation

11 Every passenger must confirm to the operator prior to boarding an aircraft for a flight that the operator operates that they are in possession of a face mask.

False declaration

12 A passenger must not provide a confirmation under section 11 that they know to be false or misleading.

Verification

13 During the boarding process for a flight that the operator operates, the operator must verify that every passenger boarding the aircraft is in possession of a face mask.

Wearing of face mask

14 (1) An operator must require a passenger to wear a face mask at all times during a flight the operator operates when the passenger is 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose.

Exceptions

(2) Subsection (1) does not apply

Compliance — passenger

15 A passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — operator

16 An operator is prohibited from permitting a passenger to board an aircraft for a flight that the operator operates if

Refusal to comply

17 If, during a flight that an operator operates, a passenger refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must advise a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 to wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A person who is screened at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012, must wear a face mask if advised to do so by a screening officer.

Requirement to wear

(3) A person who has been advised to wear a face mask under subsections (1) or (2) must do so.

Exception

(4) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(2)(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 A screening authority must not permit a person, other than a person listed in any of paragraphs 9(2)(a) to (d), who has been advised to wear a face mask and refuses to do so, to pass beyond a screening checkpoint into a restricted area, including a sterile area.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 No. 2, made on April 9, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

 

Individual

Corporation

Section 3

5,000

25,000

Section 4

5,000

25,000

Subsection 5(1)

5,000

25,000

Subsection 5(2)

5,000

25,000

Subsection 5(3)

5,000

25,000

Subsection 5(4)

5,000

 

Subsection 5(5)

5,000

25,000

Section 7

5,000

25,000

Section 8

5,000

 

Section 10

5,000

25,000

Section 11

5,000

 

Section 12

5,000

 

Section 13

5,000

25,000

Subsection 14(1)

5,000

25,000

Section 15

5,000

 

Section 16

5,000

25,000

Subsection 18(1)

 

25,000

Subsection 18(2)

5,000

 

Section 20

 

25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4.

Ottawa, April 30, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4

Interpretation

Definitions

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

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.

Conflict

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

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Sections 18 to 20 apply to the screening authority at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify its passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every passenger before the passenger boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every passenger to verify whether they exhibit the following symptoms:

Additional questions

(2) In addition to the health check, the operator must ask every passenger

False declaration — obligation of operator

(3) The operator must advise every passenger not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of passenger

(4) A passenger who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

Observation — operator

(5) Before passengers board an aircraft for a flight that the operator operates, the operator must observe whether any passenger is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

Prohibition

7 An operator must refuse to allow a passenger to board an aircraft for a flight that the operator operates if

Waiting period of 14 days

8 A passenger who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Exception

9 Sections 10 to 17 do not apply to the following passengers:

Notification

10 An operator must notify every passenger that intends to board an aircraft for a flight that the operator operates that

Confirmation

11 Every passenger must confirm to the operator prior to boarding an aircraft for a flight that the operator operates that they are in possession of a face mask.

False declaration

12 A passenger must not provide a confirmation under section 11 that they know to be false or misleading.

Verification

13 During the boarding process for a flight that the operator operates, the operator must verify that every passenger boarding the aircraft is in possession of a face mask.

Wearing of face mask

14 (1) An operator must require a passenger to wear a face mask at all times during a flight the operator operates when the passenger is 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose.

Exceptions

(2) Subsection (1) does not apply

Compliance — passenger

15 A passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — operator

16 An operator is prohibited from permitting a passenger to board an aircraft for a flight that the operator operates if

Refusal to comply

17 If, during a flight that an operator operates, a passenger refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must advise a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 to wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A person who is screened at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012, must wear a face mask if advised to do so by a screening officer.

Requirement to wear

(3) A person who has been advised to wear a face mask under subsections (1) or (2) must do so.

Exception

(4) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 A screening authority must not permit a person, other than a person listed in any of paragraphs 9(a) to (d), who has been advised to wear a face mask and refuses to do so, to pass beyond a screening checkpoint into a restricted area, including a sterile area.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19 No. 3, made on April 17, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 4

5,000

25,000

Subsection 5(1)

5,000

25,000

Subsection 5(2)

5,000

25,000

Subsection 5(3)

5,000

25,000

Subsection 5(4)

5,000

 

Subsection 5(5)

5,000

25,000

Section 7

5,000

25,000

Section 8

5,000

 

Section 10

5,000

25,000

Section 11

5,000

 

Section 12

5,000

 

Section 13

5,000

25,000

Subsection 14(1)

5,000

25,000

Section 15

5,000

 

Section 16

5,000

25,000

Subsection 18(1)

 

25,000

Subsection 18(2)

5,000

 

Section 20

 

25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6.

Ottawa, May 26, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6

Interpretation

Definitions

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

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.

Conflict

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

Application

Flights departing an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Sections 18 to 20 apply to the screening authority at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify every person that intends to board the flight that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every person before the person boards an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional questions

(2) In addition to the health check, the operator must ask every person

False declaration — obligation of operator

(3) The operator must advise every person not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

Observation — operator

(5) Before a person boards an aircraft for a flight that the operator operates, the operator must observe whether the person is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

Prohibition

7 An operator must refuse to allow a person to board an aircraft for a flight that the operator operates if

Waiting period of 14 days

8 A person who is refused boarding of an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Exception

9 Sections 10 to 17 do not apply to the following persons:

Notification

10 An operator must notify every person that intends to board an aircraft for a flight that the operator operates that

Confirmation

11 Every person must confirm to the operator prior to boarding an aircraft for a flight that the operator operates that they are in possession of a face mask.

False declaration

12 A person must not provide a confirmation under section 11 that they know to be false or misleading.

Verification

13 During the boarding process for a flight that the operator operates, the operator must verify that every person boarding the aircraft is in possession of a face mask.

Wearing of face mask

14 (1) An operator must require a person to wear a face mask at all times during a flight the operator operates when the person is 2 m or less from another person unless both persons live in the same dwelling-house or other place that serves that purpose.

Exceptions

(2) Subsection (1) does not apply

Compliance — person

15 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — operator

16 An operator is prohibited from permitting a person to board an aircraft for a flight that the operator operates if

Refusal to comply

17 If, during a flight that an operator operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must advise a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 to wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A person who is screened at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012, must wear a face mask if advised to do so by a screening officer.

Requirement to wear

(3) A person who has been advised to wear a face mask under subsection (1) or (2) must do so.

Exception

(4) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 A screening authority must not permit a person, other than a person listed in any of paragraphs 9(a) to (d), who has been advised to wear a face mask and refuses to do so, to pass beyond a screening checkpoint into a restricted area, including a sterile area.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 5, made on May 13, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 4

5,000

25,000

Subsection 5(1)

5,000

25,000

Subsection 5(2)

5,000

25,000

Subsection 5(3)

5,000

25,000

Subsection 5(4)

5,000

 

Subsection 5(5)

5,000

25,000

Section 7

5,000

25,000

Section 8

5,000

 

Section 10

5,000

25,000

Section 11

5,000

 

Section 12

5,000

 

Section 13

5,000

25,000

Subsection 14(1)

5,000

25,000

Section 15

5,000

 

Section 16

5,000

25,000

Section 17

5,000

25,000

Subsection 18(1)

 

25,000

Subsection 18(2)

5,000

 

Section 20

 

25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7.

Ottawa, June 4, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7

Interpretation

Definitions

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

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.

Conflict

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

Application

Flights departing from an aerodrome in Canada

2 (1) Subject to subsection (2), sections 3 to 17 apply to the following operators who operate a flight, other than a cargo flight without passengers, from an aerodrome in Canada and to their passengers:

Exception

(2) Section 3 does not apply to the holder of a certificate issued under Subpart 1 of Part VII of the Regulations.

Screening authority

(3) Sections 18 to 20 apply to the screening authority at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Provincial and Territorial Measures

Notification

3 Before boarding an aircraft for a domestic flight that an operator operates, the operator must notify every person who intends to board the aircraft as a passenger that they may be subject to any measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.

Health Check

Health check — operator

4 Subject to section 6, an operator must conduct a health check of every person boarding an aircraft for a flight that the operator operates.

Health check

5 (1) An operator conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional questions

(2) In addition to the health check, the operator must ask every person

False declaration — obligation of operator

(3) The operator must advise every person not to provide answers to the health check questions and the additional questions that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions must

Observation — operator

(5) Before a person boards an aircraft for a flight that the operator operates, the operator must observe whether the person is exhibiting any symptoms referred to in subsection (1).

Exceptions

6 The operator is not required to conduct a health check for the following persons:

Prohibition

7 An operator must not permit a person to board an aircraft for a flight that the operator operates if

Waiting period of 14 days

8 A person who is not permitted to board an aircraft under section 7 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Face Masks

Exception

9 Sections 10 to 17 do not apply to the following persons:

Notification

10 An operator must notify every person who intends to board an aircraft for a flight that the operator operates that

Obligation to possess face mask

11 Every person must be in possession of a face mask prior to boarding an aircraft for a flight from an aerodrome in Canada.

Wearing of face mask — person

12 (1) Subject to subsections (2) and (3), an operator must require a person to wear a face mask at all times during the boarding process and during a flight the operator operates when the person is 2 m or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

Exceptions — flight deck

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

Compliance — person

13 A person must comply with any instructions given by a crew member or a gate agent with respect to wearing a face mask.

Prohibition — operator

14 An operator must not permit a person to board an aircraft for a flight that the operator operates if

Refusal to comply

15 If, during a flight that an operator operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a face mask, the operator must

Wearing of face masks — crew member

16 (1) Subject to subsections (2) and (3), an operator must require a crew member to wear a face mask at all times during the boarding process and during a flight the operator operates when the crew member is 2 m or less from another person.

Exceptions — crew member

(2) Subsection (1) does not apply

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.

Wearing of face masks — gate agent

17 (1) Subject to subsection (2), an operator must require a gate agent to wear a face mask during the boarding process for a flight that the operator operates when the gate agent is 2 m or less from another person.

Exceptions

(2) Subsection (1) does not apply

Screening Authority

Requirement — passenger screening checkpoint

18 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 that they must wear a face mask at all times during screening.

Requirement — non-passenger screening checkpoint

(2) A screening authority must notify a person who is subject to screening at a non-passenger screening checkpoint under the Canadian Aviation Security Regulations, 2012 that they must wear a face mask at all times during screening.

Requirement to wear — person

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

Requirement to wear — screening officer

(4) A screening officer must wear a face mask at a screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is 2 m or less from the person being screened.

Exception

(5) Despite subsections (1) to (3), a person who is listed in any of paragraphs 9(a) to (d) is not required to wear a face mask.

Removing face mask

19 Despite section 18, a person who is required by a screening officer to remove their face mask during screening must do so.

Prohibition — refusal

20 (1) A screening authority must not permit a person, other than a person listed in any of paragraphs 9(a) to (d), who has been notified to wear a face mask and refuses to do so, to pass beyond a non-passenger screening checkpoint or a passenger screening checkpoint into a restricted area, including a sterile area.

Definitions of restricted area and sterile area

(2) In this section, restricted area and sterile area have the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

22 The Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6, made on May 26, 2020, is repealed.

SCHEDULE

(Subsections 21(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 4

5,000

25,000

Subsection 5(1)

5,000

25,000

Subsection 5(2)

5,000

25,000

Subsection 5(3)

5,000

25,000

Subsection 5(4)

5,000

 

Subsection 5(5)

5,000

25,000

Section 7

5,000

25,000

Section 8

5,000

 

Section 10

5,000

25,000

Section 11

5,000

 

Subsection 12(1)

5,000

25,000

Section 13

5,000

 

Section 14

5,000

25,000

Section 15

5,000

25,000

Subsection 16(1)

5,000

25,000

Subsection 17(1)

5,000

25,000

Subsection 18(1)

 

25,000

Subsection 18(2)

 

25,000

Subsection 18(3)

5,000

 

Subsection 18(4)

5,000

 

Section 19

5,000

 

Subsection 20(1)

 

25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19.

Ottawa, March 17, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19

Interpretation

Definition of Regulations

1 (1) In this Interim Order, Regulations means the Canadian Aviation Regulations.

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application — boarding denied to foreign nationals

2 (1) Sections 3 to 5 of this Interim Order apply to air carriers operating flights to Canada and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — health check

(2) Sections 6 to 10 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

Boarding Denied to Foreign Nationals

Definitions

3 The following definitions apply in sections 4 and 5.

Prohibition

4 An air carrier is prohibited from permitting a foreign national to board an aircraft for an international flight to Canada.

Non-application

5 Section 4 does not apply to the following persons:

Health Check Before Boarding

Health check — air carriers

6 Subject to section 8, an air carrier must conduct, at the boarding gate, a health check of every person prior to their boarding an aircraft for a flight to Canada.

Health check

7 (1) An air carrier conducting the health check must ask questions of every person regarding any signs and symptoms of illness suggesting respiratory infection referred to in the World Health Organization’s document entitled Management of ill travellers at points of entry – international airports, ports and ground crossings – in the context of the COVID-19 outbreak, in particular the following symptoms:

Additional question

(2) In addition to the health check, the air carrier must ask every person if they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation for air carrier

(3) The air carrier must advise every person not to provide answers to the health check or the additional question in a way they know to be false or misleading.

Exception

8 The air carrier is not required to conduct the health check for the following persons:

Refusal to Board

Prohibition

9 The air carrier is prohibited from allowing a person to board an aircraft if

Wait period of 14 days

10 A person who is prohibited from boarding under section 9 is not permitted to board an aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they have a medical certificate certifying that any symptoms referred to in subsection 7(1) are not related to COVID-19.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Coming into Force

March 18, 2020

12 (1) Subject to subsection (2), this Interim Order comes into force at noon Eastern Daylight Time on March 18, 2020.

March 19, 2020

(2) Sections 6 to 10 come into force at 00:00:01 a.m. Eastern Daylight Time on March 19, 2020.

SCHEDULE

(Subsections 11(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 4

 

25,000

Section 6

 

25,000

Subsection 7(1)

 

25,000

Subsection 7(2)

 

25,000

Subsection 7(3)

 

25,000

Section 9

 

25,000

Section 10

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2.

Ottawa, March 20, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application — international flights other than flights from the United States

2 (1) Sections 3 and 4 of this Interim Order apply to air carriers operating flights to Canada from any country other than the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — flights from the United States

(2) Sections 5 and 6 of this Interim Order apply to air carriers operating flights to Canada from the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations, and to their passengers.

Application — health check for all passengers to Canada

(3) Sections 7 to 11 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

International Flights except Flights from the United States

Prohibition

3 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to the following persons:

Flights from the United States

Notification

5 An air carrier must notify every foreign national that they may be prohibited from entering Canada under any of the emergency orders made under the Quarantine Act listed in Schedule 1.

Confirmation

6 Before boarding a flight, a foreign national must confirm that they have read the emergency orders made under the Quarantine Act listed in Schedule 1 and that, to the best of their knowledge, they are not prohibited from entering Canada under any of those orders.

Health Check of All Passengers to Canada

Health check — air carriers

7 Subject to section 9, an air carrier must conduct, at the boarding gate, a health check of every person prior to their boarding an aircraft for a flight to Canada.

Health check

8 (1) An air carrier conducting the health check must ask questions of every person to verify if they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the air carrier must ask every person if they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation for air carrier

(3) The air carrier must advise every person not to provide answers to the health check or the additional question in a way they know to be false or misleading.

Exception

9 The air carrier is not required to conduct the health check for the following persons:

Prohibition

10 The air carrier is prohibited from allowing a person to board an aircraft if

Wait period of 14 days

11 A person who is prohibited from boarding under section 10 is not permitted to board an aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they have a medical certificate certifying that any symptoms referred to in subsection 8(1) that the person is exhibiting are not related to COVID-19.

Designated Provisions

Designation

12 (1) The provisions of this Interim Order set out in column 1 of Schedule 2 are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.

Maximum amounts

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

Notice

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

Repeal

13 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, made on March 17, 2020, is repealed.

Coming into Force

March 21, 2020

14 (1) Subject to subsection (2), this Interim Order comes into force at 00:00:01 a.m. Eastern Daylight Time on March 21, 2020.

March 27, 2020

(2) Section 6 comes into force at noon Eastern Daylight Time on March 27, 2020.

SCHEDULE 1

(Sections 5 and 6)

Emergency Orders made under the Quarantine Act

1

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

SCHEDULE 2

(Subsections 12(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

 

25,000

Section 5

 

25,000

Section 6

5,000

 

Section 7

 

25,000

Subsection 8(1)

 

25,000

Subsection 8(2)

 

25,000

Subsection 8(3)

 

25,000

Section 10

 

25,000

Section 11

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3.

Ottawa, March 24, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application — international flights other than flights from the United States

2 (1) Sections 3 and 4 of this Interim Order apply to air carriers operating flights to Canada from any country other than the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — flights from the United States

(2) Sections 5 to 8 of this Interim Order apply to air carriers operating flights to Canada from the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations, and to their passengers.

Application — health check for all passengers to Canada

(3) Sections 9 to 13 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

International Flights except Flights from the United States

Prohibition

3 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 (1) Section 3 does not apply to

Flights from the United States

Notification

5 An air carrier must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check of All Passengers to Canada

Health check — air carriers

9 Subject to section 11, an air carrier must conduct, at the boarding gate, a health check of every person prior to their boarding an aircraft for a flight to Canada.

Health check

10 (1) An air carrier conducting the health check must ask questions of every person to verify if they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the air carrier must ask every person if they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation for air carrier

(3) The air carrier must advise every person not to provide answers to the health check or the additional question in a way they know to be false or misleading.

Exceptions

11 The air carrier is not required to conduct the health check for the following persons:

Prohibition

12 The air carrier is prohibited from allowing a person to board an aircraft if

Wait period of 14 days

13 A person who is prohibited from boarding under section 12 is not permitted to board an aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they have a medical certificate certifying that any symptoms referred to in subsection 10(1) that the person is exhibiting are not related to COVID-19.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

15 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2, made on March 20, 2020, is repealed.

Coming into Force

March 24, 2020

16 (1) Subject to subsection (2), this Interim Order comes into force at noon Eastern Daylight Time on March 24, 2020.

March 27, 2020

(2) Sections 6 to 8 comes into force at noon Eastern Daylight Time on March 27, 2020.

SCHEDULE

(Subsections 14(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

 

25,000

Section 5

 

25,000

Section 6

5,000

 

Section 7

 

25,000

Section 8

5,000

 

Section 9

 

25,000

Subsection 10(1)

 

25,000

Subsection 10(2)

 

25,000

Subsection 10(3)

 

25,000

Section 12

 

25,000

Section 13

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4 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 4.71 footnote a and 4.9 footnote b, paragraphs 7.6(1)(a) footnote c and (b) footnote d and section 7.7 footnote e of the Aeronautics Act footnote 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4.

Ottawa, April 6, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application — international flights other than flights from the United States

2 (1) Sections 3 and 4 of this Interim Order apply to air carriers operating flights to Canada from any country other than the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations.

Application — flights from the United States

(2) Sections 5 to 8 of this Interim Order apply to air carriers operating flights to Canada from the United States and that operate an aircraft under Part VII of the Regulations, except an air carrier that operates an aircraft under Subpart 2 of Part VII of the Regulations, and to their passengers.

Application — health check

(3) Sections 9 to 13 of this Interim Order apply to the following air carriers operating flights to Canada and to their passengers:

International Flights except Flights from the United States

Prohibition

3 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 (1) Section 3 does not apply to

Flights from the United States

Notification

5 An air carrier must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — air carriers

9 Subject to section 11, an air carrier must conduct a health check of every person boarding an aircraft for a flight to Canada that the air carrier operates.

Health check

10 (1) An air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of air carrier

(3) The air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

Observations — air carrier

(5) During the boarding process for a flight to Canada that the air carrier operates, the air carrier must observe whether any person boarding the flight is exhibiting any symptoms referred to in subsection (1).

Exceptions

11 The air carrier is not required to conduct a health check for the following persons:

Prohibition

12 An air carrier is prohibited from allowing a person to board an aircraft for a flight that the air carrier operates if

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

15 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3, made on March 24, 2020, is repealed.

SCHEDULE

(Subsections 14(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

 

25,000

Section 5

 

25,000

Section 6

5,000

 

Section 7

 

25,000

Section 8

5,000

 

Section 9

 

25,000

Subsection 10(1)

 

25,000

Subsection 10(2)

 

25,000

Subsection 10(3)

 

25,000

Subsection 10(4)

5,000

 

Subsection 10(5)

 

25,000

Section 12

 

25,000

Section 13

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5.

Ottawa, April 9, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada, and to their passengers:

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

Observations — private operator or air carrier

(5) During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the flight is exhibiting any symptoms referred to in subsection (1).

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

Prohibition

12 A private operator or air carrier is prohibited from allowing a person to board an aircraft for a flight that the private operator or air carrier operates if

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

15 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4, made on April 6, 2020, is repealed.

SCHEDULE

(Subsections 14(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 5

5,000

25,000

Section 6

5,000

 

Section 7

5,000

25,000

Section 8

5,000

 

Section 9

5,000

25,000

Subsection 10(1)

5,000

25,000

Subsection 10(2)

5,000

25,000

Subsection 10(3)

5,000

25,000

Subsection 10(4)

5,000

 

Subsection 10(5)

5,000

25,000

Section 12

5,000

25,000

Section 13

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6.

Ottawa, April 17, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada, and to their passengers:

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

Observations — private operator or air carrier

(5) During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the flight is exhibiting any symptoms referred to in subsection (1).

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

Prohibition

12 A private operator or air carrier is prohibited from allowing a person to board a flight to Canada that the private operator or air carrier operates if

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Application

14 (1) Subject to subsection (2), sections 15 to 22 apply beginning on April 20, 2020 at 12:00 p.m. Eastern Daylight Time.

Non-application

(2) Sections 15 to 22 do not apply to

Definition of face mask

(3) For the purposes of sections 15 to 22, a face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely and comfortably cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

Confirmation

16 Every person must confirm to the private operator or air carrier prior to boarding a flight to Canada that they are in possession of a face mask.

False declaration

17 A person must not provide a confirmation under section 16 that they know to be false or misleading.

Verification

18 During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must verify that every person boarding the flight is in possession of a face mask.

Wearing of face mask

19 (1) A private operator or air carrier must require a person, other than a crew member, to wear a face mask at all times during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose.

Exceptions

(2) Subsection (1) does not apply

Compliance

20 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

21 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

Refusal to comply

22 If, during a flight to Canada 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

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5, made on April 9, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 5

5,000

25,000

Section 6

5,000

 

Section 7

5,000

25,000

Section 8

5,000

 

Section 9

5,000

25,000

Subsection 10(1)

5,000

25,000

Subsection 10(2)

5,000

25,000

Subsection 10(3)

5,000

25,000

Subsection 10(4)

5,000

 

Subsection 10(5)

5,000

25,000

Section 12

5,000

25,000

Section 13

5,000

 

Section 15

5,000

25,000

Section 16

5,000

 

Section 17

5,000

 

Section 18

5,000

25,000

Subsection 19(1)

5,000

25,000

Section 20

5,000

 

Section 21

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7.

Ottawa, April 30, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada, and to their passengers:

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from any country other than the United States.

Non-application

4 Section 3 does not apply to

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, pursuant to subsections (1) and (2), is subjected to a health check and is asked the additional question must

Observations — private operator or air carrier

(5) During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the flight is exhibiting any symptoms referred to in subsection (1).

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

Prohibition

12 A private operator or air carrier is prohibited from allowing a person to board a flight to Canada that the private operator or air carrier operates if

Waiting period of 14 days

13 A person who is prohibited from boarding pursuant to section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Non-application

14 (1) Sections 15 to 22 do not apply to

Definition of face mask

(2) For the purposes of sections 15 to 22, a face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely and comfortably cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

Confirmation

16 Every person must confirm to the private operator or air carrier prior to boarding a flight to Canada that they are in possession of a face mask.

False declaration

17 A person must not provide a confirmation under section 16 that they know to be false or misleading.

Verification

18 During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must verify that every person boarding the flight is in possession of a face mask.

Wearing of face mask

19 (1) A private operator or air carrier must require a person, other than a crew member, to wear a face mask at all times during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose.

Exceptions

(2) Subsection (1) does not apply

Compliance

20 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

21 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

Refusal to comply

22 If, during a flight to Canada 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

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6, made on April 17, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 5

5,000

25,000

Section 6

5,000

 

Section 7

5,000

25,000

Section 8

5,000

 

Section 9

5,000

25,000

Subsection 10(1)

5,000

25,000

Subsection 10(2)

5,000

25,000

Subsection 10(3)

5,000

25,000

Subsection 10(4)

5,000

 

Subsection 10(5)

5,000

25,000

Section 12

5,000

25,000

Section 13

5,000

 

Section 15

5,000

25,000

Section 16

5,000

 

Section 17

5,000

 

Section 18

5,000

25,000

Subsection 19(1)

5,000

25,000

Section 20

5,000

 

Section 21

5,000

 

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9 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 the 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 Act footnote f, makes the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9.

Ottawa, May 26, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9

Interpretation

Definitions

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

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada and to their passengers:

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from any country other than the United States.

Exceptions

4 Section 3 does not apply to

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier is prohibited from permitting a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional question must

Observations — private operator or air carrier

(5) During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the flight is exhibiting any symptoms referred to in subsection (1).

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

Prohibition

12 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

Waiting period of 14 days

13 A person who is prohibited from boarding under section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Non-application

14 (1) Sections 15 to 22 do not apply to the following persons:

Definition of face mask

(2) For the purposes of sections 15 to 22, a face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops.

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

Confirmation

16 Every person must confirm to the private operator or air carrier prior to boarding a flight to Canada that they are in possession of a face mask.

False declaration

17 A person must not provide a confirmation under section 16 that they know to be false or misleading.

Verification

18 During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must verify that every person boarding the flight is in possession of a face mask.

Wearing of face mask

19 (1) A private operator or air carrier must require a person, other than a crew member, to wear a face mask at all times during a flight to Canada that the private operator or air carrier operates when the person is 2 m or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves this purpose.

Exceptions

(2) Subsection (1) does not apply

Compliance

20 A person must comply with any instructions given by a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

21 A private operator or air carrier is prohibited from permitting a person to board a flight to Canada that the private operator or air carrier operates if

Refusal to comply

22 If, during a flight to Canada 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

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 8, made on May 13, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

 

Individual

Corporation

Section 3

5,000

25,000

Section 5

5,000

25,000

Section 6

5,000

 

Section 7

5,000

25,000

Section 8

5,000

 

Section 9

5,000

25,000

Subsection 10(1)

5,000

25,000

Subsection 10(2)

5,000

25,000

Subsection 10(3)

5,000

25,000

Subsection 10(4)

5,000

 

Subsection 10(5)

5,000

25,000

Section 12

5,000

25,000

Section 13

5,000

 

Section 15

5,000

25,000

Section 16

5,000

 

Section 17

5,000

 

Section 18

5,000

25,000

Subsection 19(1)

5,000

25,000

Section 20

5,000

 

Section 21

5,000

25,000

Section 22

5,000

25,000

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10

Whereas the annexed Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10 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 4.71 footnote a and 4.9 footnote b, paragraphs 7.6(1)(a) footnote c and (b) footnote d and section 7.7 footnote 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 the 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 to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10.

Ottawa, June 4, 2020

Marc Garneau
Minister of Transport

Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10

Interpretation

Definitions

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

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.

Conflict

(3) In the event of a conflict between this Interim Order and the Regulations, the Interim Order prevails.

Application

Application

2 This Interim Order applies to the following private operators and air carriers operating flights to Canada and to their passengers:

International Flights except Flights from the United States

Prohibition

3 A private operator or air carrier must not permit a foreign national to board a flight to Canada departing from any country other than the United States.

Exceptions

4 Section 3 does not apply to

Flights from the United States

Notification

5 A private operator or air carrier operating a flight to Canada departing from the United States must notify every foreign national that they may be prohibited from entering Canada under the emergency order made by the Governor General in Council, pursuant to the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Confirmation

6 Before boarding a flight departing from the United States, a foreign national must confirm that they have read the emergency order referred to in section 5 and that, to the best of their knowledge, they are not prohibited from entering Canada under the order.

Prohibition

7 A private operator or air carrier must not permit a foreign national to board a flight to Canada departing from the United States if the foreign national is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 6.

False declaration

8 A foreign national must not provide a confirmation under section 6 that they know to be false or misleading.

Health Check

Health check — private operator or air carrier

9 Subject to section 11, a private operator or air carrier must conduct a health check of every person boarding a flight to Canada that the private operator or air carrier operates.

Health check

10 (1) A private operator or air carrier conducting a health check must ask questions of every person to verify whether they exhibit the following symptoms:

Additional question

(2) In addition to the health check, the private operator or air carrier must ask every person whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19.

False declaration — obligation of private operator or air carrier

(3) The private operator or air carrier must advise every person not to provide answers to the health check and the additional question that they know to be false or misleading.

False declaration — obligation of person

(4) A person who, under subsections (1) and (2), is subjected to a health check and is asked the additional question must

Observations — private operator or air carrier

(5) During the boarding process for a flight to Canada that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the flight is exhibiting any symptoms referred to in subsection (1).

Exceptions

11 The private operator or air carrier is not required to conduct a health check for the following persons:

Prohibition

12 A private operator or air carrier must not permit a person to board a flight to Canada that the private operator or air carrier operates if

Waiting period of 14 days

13 A person who is not permitted to board under section 12 is not permitted to board another aircraft for the purpose of being transported for a period of 14 days after the day of the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

Face Masks

Non-application

14 Sections 15 to 20 do not apply to the following persons:

Notification

15 A private operator or air carrier must notify every person who intends to board a flight to Canada that is operated by that private operator or air carrier that

Obligation to possess face mask

16 Every person must be in possession of a face mask prior to boarding a flight to Canada.

Wearing of face mask — persons

17 (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 to Canada that the private operator or air carrier operates when the person is 2 m or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

Exceptions — flight deck

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

Compliance

18 A person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

19 A private operator or air carrier must not permit a person to board a flight to Canada that the private operator or air carrier operates if

Refusal to comply

20 If, during a flight to Canada 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

Wearing of face mask — crew members

21 (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 to Canada that the private operator or air carrier operates when the crew member is 2 m or less from another person.

Exceptions – crew member

(2) Subsection (1) does not apply

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.

Wearing of face mask — gate agents

22 (1) Subject to subsection (2), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight to Canada that the private operator or air carrier operates when the gate agent is 2 m or less from another person.

Exceptions

(2) Subsection (1) does not apply

Designated Provisions

Designation

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

Maximum amounts

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

Notice

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

Repeal

24 The Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9, made on May 26, 2020, is repealed.

SCHEDULE

(Subsections 23(1) and (2))

Designated Provisions

Column 1

Designated Provision

Column 2

Maximum Amount of Penalty ($)

Individual

Corporation

Section 3

5,000

25,000

Section 5

5,000

25,000

Section 6

5,000

 

Section 7

5,000

25,000

Section 8

5,000

 

Section 9

5,000

25,000

Subsection 10(1)

5,000

25,000

Subsection 10(2)

5,000

25,000

Subsection 10(3)

5,000

25,000

Subsection 10(4)

5,000

 

Subsection 10(5)

5,000

25,000

Section 12

5,000

25,000

Section 13

5,000

 

Section 15

5,000

25,000

Section 16

5,000

 

Subsection 17(1)

5,000

25,000

Section 18

5,000

 

Section 19

5,000

25,000

Section 20

5,000

25,000

Subsection 21(1)

5,000

25,000

Subsection 22(1)

5,000

25,000

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020

Whereas the Minister of Transport is of the opinion that the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to paragraphs 35.1(1)(k)footnote i and 136(1)(f)footnote j of the Canada Shipping Act, 2001footnote h;

Therefore, the Minister of Transport, pursuant to subsection 10.1(1)footnote k of the Canada Shipping Act, 2001 footnote h, makes the annexed Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020.

Ottawa, May 31, 2020

Marc Garneau
Minister of Transport

Interim Order for the Protection of the Killer Whale (Orcinus orca) in the Waters of Southern British Columbia, 2020

Interpretation

Definitions

1 The following definitions apply in this Interim Order.

Approach Distance Prohibition

Prohibition — vessels

2 (1) Beginning on June 1, 2020, a vessel must not approach within 400 m of a killer whale in the waters described in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to:

Prohibition — persons

3 (1) Beginning on June 1, 2020, a person operating a vessel must not approach within 400 m of a killer whale in the waters described in Schedule 1.

Exceptions

(2) Subsection (1) does not apply to:

Interim Sanctuary Zones

Prohibition — vessels

4 (1) During the period beginning on June 1, 2020 and ending on November 30, 2020, a vessel must not navigate in the waters described in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to:

Prohibition — persons

5 (1) During the period beginning on June 1, 2020 and ending on November 30, 2020, a person must not operate a vessel in the waters described in Schedule 2.

Exceptions

(2) Subsection (1) does not apply to:

Authorizations

Authorization — whale-watching

6 (1) The Minister may, in writing, issue an authorization to a vessel and to persons operating that vessel to approach a killer whale, other than a Southern Resident killer whale, for the purpose of commercial whale-watching at a distance of between 200 m and 400 m in the waters described in Schedule 1 if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales.

Authorization — promotion of protection of killer whales

(2) The Minister may, in writing, issue one of the following authorizations to a vessel and to persons operating that vessel for the purpose of a non-commercial activity that promotes compliance with and monitoring of measures taken to protect killer whales if the vessel is owned or operated by a person or organization that has entered into an agreement with the Minister that is intended to reduce the risk of physical and acoustic disturbances to Southern Resident killer whales:

Application for authorization

(3) The following persons or organizations may submit a request for an authorization in respect of a vessel that they own or operate and persons operating that vessel:

Condition of authorization

(4) An authorization is subject to the condition that the authorization holder complies with measures respecting the protection of killer whales, including those respecting the reduction of the risk of physical and acoustic disturbances to Southern Resident killer whales, set out in the agreement entered into with the Minister.

Amending conditions

(5) The Minister may add, amend or remove conditions, if the Minister considers it necessary to contribute to the protection of killer whales or the marine environment or to marine safety.

Authorization on board vessel

(6) An authorization must be kept on board the vessel.

Suspension or revocation

(7) The Minister may suspend or revoke an authorization, and inform the authorization holder in writing, if

SCHEDULE 1

(Subsections 2(1), 3(1) and 6(1) and paragraph 6(2)(a))

Waters Subject to Approach Distance Prohibition

The waters subject to the approach distance prohibition are bounded by a line

beginning at

50°03.807′N

124°50.610′W

[Sarah Point];

then to

49°52.486′N

124°33.903′W

[north Powell River];

then to

49°52.426′N

124°33.912′W

[south Powell River];

then to

49°46.436′N

124°16.815′W

[north Jervis Inlet/ Thunder Bay];

then to

49°44.262′N

124°13.260′W

[south Jervis Inlet];

then to

49°43.838′N

124°12.572′W

[north Blind Bay];

then to

49°43.018′N

124°11.228′W

[south Ballet Bay];

then to

49°39.450′N

124°05.148′W

[west Agamemnon Channel];

then to

49°39.313′N

124°04.355′W

[east Agamemnon Channel];

then to

49°23.063′N

123°31.823′W

[Gower Point];

then to

49°22.227′N

123°25.630′W

[King Edward Bay];

then to

49°21.475′N

123°20.083′W

[Apodaca Cove];

then to

49°20.933′N

123°16.172′W

[south Eagle Harbour];

then to

49°18.820′N

123°07.712′W

[north First Narrows];

then to

49°18.323′N

123°07.928′W

[south First Narrows];

then to

49°16.930′N

123°08.525′W

[Sunset Beach];

then to

49°16.725′N

123°08.610′W

[Kitsilano Beach];

then to

49°13.860′N

123°12.583′W

[north North Arm];

then to

49°13.526′N

123°13.303′W

[south North Arm];

then to

49°13.440′N

123°13.468′W

[south Iona Island];

then to

49°05.060′N

123°10.770′W

[west Westham Island];

then to

49°04.062′N

123°09.410′W

[south Canoe Passage];

then to

49°03.487′N

123°08.493′W

[Roberts Bank];

then to

49°00.132′N

123°05.460′W

[Boundary Bluff];

then adjacent to the United States border until

48°14.200′N

125°44.500′W

[southern boundary of the critical habitat of the Southern Resident killer whale];

then to

48°41.700′N

126°17.783′W

[northwest boundary of the critical habitat of the Southern Resident killer whale];

then to

48°59.685′N

125°40.152′W

[Quisitis Point];

then to

48°55.253′N

125°32.517′W

[Amphitrite Point];

then to

48°46.985′N

125°12.587′W

[Cape Beale];

then to

48°45.433′N

125°07.733′W

[Mabens Beach];

then to

48°40.605′N

124°52.768′W;

 

then to

48°40.048′N

124°50.997′W;

 

then to

48°39.645′N

124°49.205′W

[west Clo-oose Bay];

then to

48°39.485′N

124°48.648′W

[east Clo-oose Bay];

then to

48°33.703′N

124°27.812′W

[west Port San Juan];

then to

48°33.110′N

124°25.742′W

[east Port San Juan];

then to

49°59.092′N

125°13.390′W

[Campbell River];

then to

50°03.807′N

124°50.610′W

[Sarah Point].

SCHEDULE 2

(Subsection 4(1), paragraphs 4(2)(a) and (b), subsection 5(1) and paragraph 6(2)(b))

Interim Sanctuary Zones

1. Saturna Island

The waters off Saturna Island bounded by a line

beginning at

48°47.150′N

123°02.733′W

[northern boundary of East Point (shoreline)];

then to

48°47.367′N

123°02.915′W

[Tumbo Channel];

then to

48°47.617′N

123°02.483′W

[northwest boundary (east of Tumbo Point)];

then to

48°47.473′N

123°01.975′W

[northeast boundary (Boiling Reef)];

then to

48°46.558′N

123°03.147′W

[Boundary Pass];

then to

48°46.333′N

123°03.805′W

[southeast boundary];

then to

48°46.350′N

123°05.150′W

[southwest boundary (Narvaez Bay)];

then to

48°46.683′N

123°05.150′W

[Fiddlers Cove];

then to

48°47.150′N

123°02.733′W

[northern boundary of East Point (shoreline)].

2. Swiftsure Bank

The waters off Swiftsure Bank bounded by a line

beginning at

48°34.000′N

125°06.000′W

[northwest boundary];

then to

48°34.000′N

124°54.200′W

[northeast boundary];

then to

48°32.100′N

124°49.583′W

[southeast boundary];

then to

48°32.100′N

125°01.760′W

[southwest boundary];

then to

48°34.000′N

125°06.000′W

[northwest boundary].

3. Pender Island

The waters off Pender Island bounded by a line

beginning at

48°45.817′N

123°19.300′W

[northwest boundary];

then to

48°46.217′N

123°18.867′W

[northeast boundary];

then to

48°44.167′N

123°13.917′W

[southeast boundary];

then to

48°44.153′N

123°15.517′W

[southwest boundary];

then to

48°45.817′N

123°19.300′W

[northwest boundary].

DEPARTMENT OF TRANSPORT

CANADA SHIPPING ACT, 2001

Interim Order Restricting Pleasure Craft Navigation Due to COVID-19

Whereas the Minister of Transport believes that the annexed Interim Order Restricting Pleasure Craft Navigation Due to COVID-19 is required to deal with a direct or indirect risk to marine safety or to the marine environment;

And whereas the provisions of the annexed Interim Order may be contained in a regulation made pursuant to subsection 120(1)footnote l and paragraphs 136(1)(f)footnote j and (h)footnote j and 244(f)footnote m of the Canada Shipping Act, 2001footnote h;

Therefore, the Minister of Transport, pursuant to section 10.1footnote k of the Canada Shipping Act, 2001 footnote h, makes the annexed Interim Order Restricting Pleasure Craft Navigation Due to COVID-19.

Ottawa, May 30, 2020

Marc Garneau
Minister of Transport

Interim Order Restricting Pleasure Craft Navigation Due to COVID-19

Definitions

Definitions

1 The following definitions apply in this Interim Order.

Overview

Purpose

2 This Interim Order temporarily restricts the operation of pleasure craft in certain arctic waters to promote the safe navigation of vessels by ensuring that limited marine assets and personnel are available for critical marine resupply operations in the Arctic during the COVID-19 pandemic. It also protects the public interest by protecting health care infrastructure in the Arctic.

Prohibition

Prohibition — general

3 (1) Beginning on June 1, 2020, a person, including the owner of a pleasure craft, must not operate a pleasure craft in arctic waters, other than rivers and lakes.

Prohibition — owner

(2) Beginning on June 1, 2020, the owner of a pleasure craft must not allow another person to operate the pleasure craft in arctic waters, other than rivers and lakes.

Exceptions — general

(3) Subsection (1) does not apply to a person that is

Exceptions — owner

(4) Subsection (2) does not apply to an owner who allows another person to operate a pleasure craft in any of the situations set out in subsection (3).

Non-Application

Use by local communities

4 This Interim Order does not apply in respect of pleasure craft used by local communities.

Foreign Pleasure Craft

Obligation to give notice

5 (1) At least 60 days before the expected date of arrival in arctic waters, other than lakes and rivers, of a foreign pleasure craft described in paragraph 3(3)(c), the operator must give written notice to the Minister of the arrival of the pleasure craft in those waters.

Conditions

(2) The Minister may impose any conditions that the Minister considers appropriate in respect of a foreign pleasure craft for which notice has been given.

Responsibility of operator

(3) The operator must ensure that all persons on board the foreign pleasure craft comply with any conditions that the Minister imposes.

Ministerial Exemptions

International obligations and external affairs of Canada

6 (1) The Minister may, in writing, exempt a person from the application of any of the prohibitions set out in this Interim Order if

Recreational boaters

(2) The Minister may, in writing, exempt a person from the application of any of the prohibitions set out in this Interim Order if

Application for exemption

(3) A person may apply to the Minister for an exemption under subsection (1) or (2).

Conditions of exemption

(4) An exemption is subject to any conditions that the Minister considers appropriate.

Amending conditions

(5) The Minister may add, amend or remove conditions if the Minister determines that it is necessary to do so for public health or safety or the protection of the marine environment.

Exemption on board

(6) A person to whom an exemption has been granted must keep that exemption on board a pleasure craft while they are using it.

Suspension or revocation

(7) The Minister may suspend or revoke an exemption if

Notice

(8) If the Minister suspends or revokes an exemption, the Minister must give notice in writing to the person to whom the exemption had been granted.

Publication — Canada Gazette

(9) Notice of every exemption granted under subsection (1) or (2) must be published in the Canada Gazette.

Enforcement

Persons ensuring compliance

7 (1) The following persons are authorized to ensure compliance with this Interim Order:

Powers and duties

(2) An authorized person may

Obligation to comply

8 A person must comply with any prohibition, direction or requirement referred to in subsection 7(2).

Violations

Violations

9 A person that contravenes this Interim Order commits a violation and is liable to a penalty in the amount of

Repeal

10 This Interim Order is repealed on October 31, 2020.

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.

Position

Organization

Closing date

Member

Atlantic Pilotage Authority

 

Chairperson

Canada Council for the Arts

 

President and Chief Executive Officer

Canada Lands Company Limited

 

Member (Federal)

Canada-Newfoundland and Labrador Offshore Petroleum Board

 

Chief Executive Officer

Canadian Centre on Substance Abuse

 

President

Canadian Commercial Corporation

 

Chief Executive Officer

Canadian Energy Regulator

 

Commissioner
(full-time), Commissioner (part-time)

Canadian Energy Regulator

 

Director

Canadian Energy Regulator

 

Chief Commissioner

Canadian Grain Commission

 

Commissioner

Canadian Grain Commission

 

Member

Canadian Human Rights Tribunal

 

Chairperson

Canadian International Trade Tribunal

 

Director

Canadian Museum for Human Rights

 

Permanent Member

Canadian Nuclear Safety Commission

 

Executive Director

Canadian Race Relations Foundation

 

Member (Alberta and Northwest Territories)

Canadian Radio-television and Telecommunications Commission

 

Member (Atlantic and Nunavut)

Canadian Radio-television and Telecommunications Commission

 

President

Canadian Space Agency

 

Chairperson

Canadian Transportation Agency

 

Temporary Member

Canadian Transportation Agency

 

President

Destination Canada

 

Director

Export Development Canada

 

Chairperson

Federal Public Sector Labour Relations and Employment Board

 

Vice-Chairperson

Federal Public Sector Labour Relations and Employment Board

 

Chairperson

Great Lakes Pilotage Authority Canada

 

Director (Federal)

Hamilton-Oshawa Port Authority

 

Members (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Chairperson

Marine Atlantic Inc.

 

Director (Federal)

Nanaimo Port Authority

Secretary

National Battlefields Commission

 

Taxpayers’ Ombudsman

Office of the Taxpayers’ Ombudsman

 

Member

Payments in Lieu of Taxes Dispute Advisory Panel

 

Chairperson

Polar Knowledge Canada

 

Member

Polar Knowledge Canada

 

President

Polar Knowledge Canada

 

Director

Public Sector Pension Investment Board

 

President

Social Sciences and Humanities Research Council of Canada

 

Registrar

Supreme Court of Canada

 

Member

Transportation Appeal Tribunal of Canada

 

Vice-Chairperson

Transportation Appeal Tribunal of Canada

 

Member

Transportation Safety Board of Canada