Canada Gazette, Part I, Volume 154, Number 36: GOVERNMENT NOTICES

September 5, 2020

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to the Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector

Whereas on February 23, 2019, the Minister of Environment and Climate Change published in the Canada Gazette, Part I, the proposed Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector under subsection 54(1) of the Canadian Environmental Protection Act, 1999 (CEPA), for a 60-day public comment period;

Notice is hereby given, under subsection 54(4) of the Canadian Environmental Protection Act, 1999, that the Minister of Environment and Climate Change is issuing the following release guidelines under subsection 54(1) of that Act:

Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector

These release guidelines and other related information are available and may be downloaded from the Certain azo disperse dyes - release guidelines overview webpage on the Government of Canada website.

Gwen Goodier
Director General
Industrial Sectors and Chemicals Directorate
On behalf of the Minister of Environment and Climate Change

RELEASE GUIDELINES FOR DISPERSE YELLOW 3 AND 25 OTHER AZO DISPERSE DYES IN THE TEXTILE SECTOR

1. Introduction

Textile manufacturing is one of Canada’s oldest and most diverse industries. Textiles can be found in an array of applications, such as clothing, transportation, medical, agriculture, civil engineering, packaging, protection (individual, environmental), and construction. Approximately 90% of textile mills in Canada are microbusinesses (fewer than 5 employees) or small businesses (5 to 99 employees). They are part of a relatively small sector that, in 2010, constituted 0.05% of the Canadian Gross Domestic Product. The Canadian textile industry is mainly concentrated in Quebec and Ontario. Azo disperse dyes represent a significant proportion of the textile dye market. These dyes are used for textile dyeing, mainly of synthetic fibres such as polyester, polyester blends, cellulose acetate and nylon.

Azo disperse dyes were assessed under CEPA, which provides for a broad range of tools to achieve environmental protection objectives. As a result of this assessment, Disperse Yellow 3 (DY3) and 25 other azo disperse dyes with molar weights below 360 g/mol (listed in appendix 1 below) were identified as having potential ecological effects when released to surface water during formulation and use of the textile dyes. Subsequently, it was determined that the most appropriate tool for managing the environmental concerns related to these substances is the Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes in the textile sector (the guidelines).

These guidelines recommend standard release limits and daily use limits for 26 azo disperse dyes with molar weights below 360 g/mol used in specific textile activities.

2. Targeted textile activities

The textile activities subject to the guidelines are

• dye formulation; and
• dyeing operations.

3. Applicability

The guidelines apply to any person/entity who

• owns or operates a textile dye formulation and/or textile dyeing facility;
• uses any of the 26 azo disperse dyes listed in appendix 1; and
• releases an effluent containing any of the 26 azo disperse dyes at the final discharge point of the facility.

4. Standards

4.1 Release limit

Overall release of the 26 azo disperse dyes at a facility’s final discharge point should not be in a concentration greater than

• 146 520 µg/L (146.52 ppm) for textile dye formulation; and
• 240 000 µg/L (240.00 ppm) for textile dyeing processes.

A recommended method for determining effluent concentration is included in appendix 2 of the guidelines available on the CEPA Registry website.

4.2 Daily use limit

Total daily use of the 26 azo disperse dyes should not be in a quantity greater than

• 90 kg/day of azo disperse dyes for textile dye formulation; and
• 10 kg/day of azo disperse dyes for textile dyeing processes.

5. Alternatives

Facilities are encouraged, when appropriate, to use alternatives that reduce or minimize human health or environmental risks. It is important that the chosen alternatives are not azo disperse dyes with a molar weight below 360 g/mol. Information on the chosen alternative(s) should be reported through the Declaration of the operator included in appendix 3 of the guidelines.

6. Declaration of the operator

The entities listed in section 3 should inform the Minister of Environment and Climate Change in writing of their intention to implement these guidelines by completing the Declaration of the operator no later than March 5, 2021, or, for new users, six months before the initial use of any of the 26 azo disperse dyes.

7. Monitoring and analysis

Any person/entity subject to these guidelines should monitor their activities on an ongoing basis to ensure conformity with the guidelines by

• determining the quantity used and/or the concentration of the 26 azo disperse dyes released at their facility’s final discharge point for each day of use;
• determining any other quantity released (spills, leaks, etc.);
• determining effluent concentration either by laboratory analysis or by following the method for determining effluent concentration included in appendix 2 of the guidelines; and
• recording the resulting information in the Conformity evaluation report included in appendix 4 of the guidelines.

Any analysis performed for the purposes of the guidelines must be conducted by a laboratory that is accredited under ISO and standard ISO/IEC 17025:2005, entitled General Requirements for the Competence of Testing and Calibration Laboratories, as amended from time to time.

8. Reporting

Any person/entity subject to these guidelines should provide the first Conformity evaluation report included in appendix 4 of the guidelines to the Minister of the Environment no later than March 31, 2021, and should cover the previous calendar year’s activities (2020). Subsequently, a Conformity evaluation report should be submitted if any of the 26 azo disperse dyes are still in use, every year by March 31, and should cover activities relevant to the previous calendar year.

In addition, any person/entity subject to these guidelines should record in the Conformity evaluation report the quantity of azo disperse dye(s) released into the environment or to a wastewater system, each day the dyes are used, to verify conformity with the standards.

If the approach used to calculate the concentration at a facility’s final discharge point differs from the method recommended in appendix 2 of the guidelines, the facility should submit a copy of the method used and the results obtained (chemical analysis) with the report.

Conformity evaluation reports should include the following:

• the name and street address of the facility;
• the name, title, telephone and email address of the technical contact;
• the date of use;
• the name and Chemical Abstracts Service Registry Number (CAS RN) of the azo disperse dye(s) used;
• the daily quantity used (kg) and/or the concentration of the 26 azo disperse dyes at the facility’s final discharge point; and
• the estimated quantities of azo disperse dye(s) released accidentally (spills, leaks, etc.) to the environment or to a wastewater system as a result of storage, handling or disposal during the dye formulation or dyeing operations (that is, other releases).

9. Record keeping

Any person/entity subject to these guidelines should retain all records pertaining to these guidelines for at least five years beginning on the date of their creation and make them available to the Minister of the Environment upon request. It is important that the company keep all such records, as well as reported instances of spills, leak detection and repairs, annual estimates of accidental releases, stock supply, quantity used, concentration estimated, laboratory analysis data, use dates, batch numbers, and any other relevant information.

10. Verification

Verification activities will be carried out six months after the facilities’ annual reports have been received. Site visits of selected facilities by Environment and Climate Change Canada (ECCC) representatives will help confirm the accuracy of the reported data. ECCC will verify the current use/processes involving the 26 azo disperse dyes and determine, if applicable, the end of use of any of them. This includes verifying the equipment and the machinery used inside the facility, as well as the implementation of the recommended best practices and record-keeping activities in the facility, as outlined in these guidelines. In addition, verifiers may ask to review records and auxiliary data, obtain information through interviews or ask for supplemental documentation.

11. Confidentiality

In accordance with section 313 of CEPA, any person who submits information under these guidelines may request, in writing, that the information be treated as confidential. However, under section 317 of the Act, the Minister may disclose information in respect of which a request for confidentiality has been made under section 313, if the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act.

12. Best practices

The proposed best practices to mitigate releases of DY3 and the 25 other azo disperse dyes included in these guidelines can be found on the CEPA Registry website. These best practices should be implemented across the facility where chemicals are handled.

13. Resources

The recommended method for estimating effluent concentrations, the Declaration of the operator, the Conformity evaluation report and the method to calculate a facility-specific predicted environmental concentration (PEC) in surface water are available in appendices of the guidelines on the CEPA Registry website.

14. Contact information

For more information or comments about these guidelines, please contact or send queries to

Products Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 9th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819‑938‑4483 / 1‑888‑391‑3426 (information)
Fax: 819‑938‑4480 / 1‑888‑391‑3695
Email: ec.produits-products.ec.@canada.ca
Subject: Release guidelines for Disperse Yellow 3 and 25 other azo disperse dyes

APPENDIX 1

Chemical Abstracts Service Registry Number (CAS RN) and Domestic Substances List (DSL) name of the 26 azo disperse dyes with molar weights below 360 g/mol

CAS RN	Colour Index name	Molar weight (g/mol)	Assessed under Subgrouping/Initiative
2832-40-8	Disperse Yellow 3 table 1 note a table 1 note b	269	Azo Disperse Dyes/Azo Solvent Dyes
6250-23-3	Disperse Yellow 23 table 1 note b	302	Azo Disperse Dyes
65122-05-6	n/a table 1 note b	306	Azo Disperse Dyes
6300-37-4	Disperse Yellow 7 table 1 note b	316	Azo Disperse Dyes
21811-64-3	Disperse Yellow 68	318	Azo Disperse Dyes
27184-69-6	n/a	346	Azo Disperse Dyes
6657-00-7	n/a	346	Azo Disperse Dyes
69472-19-1	Disperse Orange 33	351	Azo Disperse Dyes
6253-10-7	Disperse Orange 13	352	Azo Disperse Dyes
842-07-9	Solvent Yellow 14/ Disperse Yellow 97 table 1 note b	248	Azo Solvent Dyes
730-40-5	Disperse Orange 3	242	Not assessed
6054-48-4	Disperse Black 1	262	Not assessed
4314-14-1	Disperse Yellow 16	278	Not assessed
12222-69-4/ 20721-50-0	Disperse Black 9	300	Not assessed
31464-38-7	Disperse Orange 25:1	309	Not assessed
2872-52-8	Disperse Red 1	314	Not assessed
2581-69-3	Disperse Orange 1	318	Not assessed
43047-20-7	Disperse Orange 138	321	Not assessed
31482-56-1	Disperse Orange 25/Disperse Orange 36	323	Not assessed
6439-53-8	Disperse Yellow 5	324	Not assessed
2734-52-3	Disperse Red 19	330	Not assessed
83249-52-9	Disperse Yellow 241	337	Not assessed
3179-89-3	Disperse Red 17	345	Not assessed
16889-10-4	Disperse Red 73	348	Not assessed
3180-81-2	Disperse Red 13	349	Not assessed
40880-51-1	Disperse Red 50	358	Not assessed
Table 1 note(s) Table 1 note a Meets one or more criteria under section 64 of CEPA. Return to table 1 note a referrer Table 1 note b Substance with both ecological and human health effects of concern. Return to table 1 note b referrer Abbreviation: n/a = not available

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Instrument of Advice dated August 18, 2020

• Minister of Finance, to be styled Deputy Prime Minister and Minister of Finance
  • The Honourable Chrystia Freeland
• President of the Queen’s Privy Council for Canada, to be styled President of the Queen’s Privy Council for Canada and Minister of Intergovernmental Affairs
  • The Honourable Dominic LeBlanc

August 26, 2020

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

• Associate Deputy Minister of Finance with G7 and G20 responsibilities
  • Yaskiel, Ava, Order in Council 2020-543
• Canadian Tourism Commission
  • President
  • Walden, Marsha, Order in Council 2020-564
• Privy Council Office
  • Senior Official
  • Maheu, Chantal, Order in Council 2020-542

August 26, 2020

Diane Bélanger
Official Documents Registrar

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 6

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation 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 4.71 ^{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};

Whereas, pursuant to subsection 6.41(1.1) ^{footnote g} of the Aeronautics Act ^{footnote f}, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;

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

Therefore, the Deputy Minister of Transport, pursuant to subsection 6.41(1.1)^{footnote g} of the Aeronautics Act ^{footnote f}, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 6.

Ottawa, August 20, 2020

Michael Keenan
Deputy Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 6

Interpretation

Definitions

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

• aerodrome security personnel has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
• air carrier means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
• checked baggage has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (bagages enregistrés)
• COVID-19 means the coronavirus disease 2019. (COVID-19)
• document of entitlement has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (document d’autorisation)
• elevated temperature means a temperature within the range set out in the standards. (température élevée)
• face mask means any non-medical mask or face covering that is made of at least two layers of tightly woven material such as cotton or linen, is large enough to completely cover a person’s nose and mouth without gaping and can be secured to a person’s head with ties or ear loops. (masque)
• foreign national means a person who is not a Canadian citizen or a permanent resident and includes a stateless person. (étranger)
• non-passenger screening checkpoint has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
• passenger screening checkpoint has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
• peace officer has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
• Regulations means the Canadian Aviation Regulations. (Règlement)
• restricted area has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
• screening officer has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
• standards means the document entitled the Transport Canada Temperature Screening Standards, published by the Minister, as amended from time to time. (normes)

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, the Interim Order prevails.

Notification

Federal, provincial and territorial measures

2 (1) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Quarantine Act Order — other country except United States

(2) A private operator or air carrier operating a flight to Canada departing from any other country except the United States must notify every foreign national boarding the aircraft for the flight that they may be prohibited from entering Canada under the Order made by the Governor General in Council, under the Quarantine Act, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).

Quarantine Act Order — United States

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

False declarations

(4) A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must notify every person boarding the aircraft for the flight that they may be liable to a monetary penalty if they provide a confirmation referred to in subsection 3(1), (2) or (3) that they know to be false or misleading.

Confirmation

Federal, provincial and territorial measures

3 (1) Before boarding an aircraft for a flight between two points in Canada or a flight to Canada departing from any other country, every person must confirm to the private operator or air carrier operating the flight that they understand that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction where the destination aerodrome for that flight is located or by the federal government.

Quarantine Act Order — other country except United States

(2) Before boarding an aircraft for a flight to Canada departing from any other country except the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(2).

Quarantine Act Order — United States

(3) Before boarding an aircraft for a flight to Canada departing from the United States, a foreign national must confirm to the private operator or air carrier operating the flight that, to the best of their knowledge, they are not prohibited from entering Canada under the Order referred to in subsection 2(3).

False declaration

(4) A person must not provide a confirmation under subsection (1), (2) or (3) that they know to be false or misleading.

Exception

(5) A competent adult may provide a confirmation referred to in subsection (1), (2) or (3) on behalf of a person who is not a competent adult.

Prohibition

4 A private operator or air carrier operating a flight between two points in Canada or a flight to Canada departing from any other country must not permit a person to board the aircraft for the flight if the person is a competent adult and does not provide a confirmation that they are required to provide under subsection 3(1), (2) or (3).

Foreign Nationals

Prohibition

5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.

Exception

6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an Order referred to in subsection 2(2) or (3).

Health Check

Non-application

7 Sections 8 to 10 do not apply to either of the following persons:

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

Health check

8 (1) A private operator or air carrier must conduct a health check of every person boarding an aircraft for a flight that the private operator or air carrier operates by asking questions to verify whether they exhibit any of the following symptoms:

• (a) a fever;
• (b) a cough;
• (c) breathing difficulties.

Additional questions

(2) In addition to the health check, the private operator or air carrier must ask every person boarding an aircraft for a flight that the private operator or air carrier operates

• (a) whether they have, or suspect they have, COVID-19;
• (b) whether they have been not permitted to board an aircraft in the previous 14 days for a medical reason related to COVID-19; and
• (c) in the case of a flight departing in Canada, whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

Notification

(3) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may not be permitted to board the aircraft if

• (a) they exhibit a fever and a cough or a fever and breathing difficulties, unless they provide a medical certificate certifying that their symptoms are not related to COVID-19;
• (b) they have, or suspect they have, COVID-19;
• (c) they have been not permitted to board an aircraft in the previous 14 days for a medical reason related to COVID-19; or
• (d) in the case of a flight departing in Canada, they are the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.

False declaration — obligation of private operator or air carrier

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

False declaration — obligations of person

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

• (a) answer all questions; and
• (b) not provide answers that they know to be false or misleading.

Exception

(6) A competent adult may answer all questions on behalf of a person who is not a competent adult and who, under subsections (1) and (2), is subjected to a health check and is asked the additional questions.

Observations — private operator or air carrier

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

Prohibition

9 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

• (a) the person’s answers to the health check questions indicate that they exhibit
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (b) the private operator or air carrier observes that, as they are boarding, the person exhibits
  • (i) a fever and cough, or
  • (ii) a fever and breathing difficulties;
• (c) the person’s answer to any of the additional questions asked of them under subsection 8(2) is in the affirmative; or
• (d) the person is a competent adult and refuses to answer any of the questions asked of them under subsection 8(1) or (2).

Period of 14 days

10 A person who is not permitted to board an aircraft under section 9 is not permitted to board another aircraft for a period of 14 days after the refusal, unless they provide a medical certificate certifying that any symptoms referred to in subsection 8(1) that they are exhibiting are not related to COVID-19.

Temperature Screening — Flights to Canada

Application

11 (1) Sections 12 to 18 apply to an air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.

Non-application

(2) Sections 12 to 18 do not apply to either of the following persons:

• (a) an infant;
• (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement

12 (1) An air carrier must conduct a temperature screening of every person boarding an aircraft for a flight that the air carrier operates. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) The air carrier must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Notification

13 (1) An air carrier must notify every person boarding an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation

(2) Before boarding an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight to Canada for a period of 14 days if the temperature screening conducted under subsection 12(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

14 (1) If the temperature screening conducted under subsection 12(2) indicates that the person has an elevated temperature, the air carrier must

• (a) not permit the person to board the aircraft; and
• (b) notify the person that they are not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the air carrier must not permit the person to board the aircraft.

Period of 14 days

15 A person who is not permitted to board an aircraft under section 14 is not permitted to board another aircraft for a flight to Canada for a period of 14 days after the refusal, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

16 An air carrier must calibrate and maintain the equipment that it uses to conduct temperature screenings under subsection 12(2) in accordance with the standards.

Requirement — training

17 An air carrier must ensure that the person using the equipment to conduct temperature screenings under subsection 12(2) has been trained in accordance with the standards to operate the equipment and interpret the data that the equipment produces.

Record keeping — equipment 18

(1) An air carrier must keep a record of the following information in respect of each flight it operates:

• (a) the number of persons who were not permitted to board the aircraft under paragraph 14(1)(a);
• (b) the date and flight number;
• (c) the make and model of the equipment that the air carrier used to conduct the temperature screenings under subsection 12(2);
• (d) the date and time that that equipment was last calibrated and last maintained, as well as the name of the person who performed the calibration or maintenance;
• (e) the results of the last calibration and the activities performed during the last maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) An air carrier must keep a record of the name of every person who has received training under section 17, as well as the contents of the training.

Retention period

(3) The air carrier must retain the records referred to in subsection (1) for a period of 90 days after the day of the flight.

Ministerial access

(4) The air carrier must make the records referred to in subsections (1) and (2) available to the Minister on request.

Temperature Screening — Flights Originating in Canada

Definition of screening authority

19 (1) For the purposes of sections 19 to 30, screening authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012.

Application

(2) Sections 20 to 30 apply to the following persons:

• (a) a person entering a restricted area within an air terminal building at an aerodrome listed in Schedule 1 from a non-restricted area;
• (b) a person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building at an aerodrome listed in Schedule 1;
• (c) the operator of an aerodrome listed in Schedule 1;
• (d) a screening authority at an aerodrome listed in Schedule 1;
• (e) an air carrier operating a flight departing from an air terminal building at an aerodrome listed in Schedule 1.

Non-application

(3) Sections 20 to 30 do not apply to any of the following persons:

• (a) an infant;
• (b) a person who provides a medical certificate certifying that their elevated temperature is not related to COVID-19;
• (c) a member of emergency response provider personnel who is responding to an emergency;
• (d) a peace officer who is responding to an emergency.

Requirement

20 A person entering a restricted area within an air terminal building from a non-restricted area within the air terminal building must do so at a passenger screening checkpoint or non-passenger screening checkpoint.

Requirement — temperature screening

21 (1) A screening authority must conduct a temperature screening of every person who presents themselves at a passenger screening checkpoint or non-passenger screening checkpoint within an air terminal building for the purpose of entering a restricted area from a non-restricted area and of every person undergoing a screening at a non-passenger screening checkpoint outside an air terminal building. The screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Second screening

(2) Following a rest period of 10 minutes, the screening authority must conduct a second temperature screening if the first temperature screening indicates that the person has an elevated temperature. The second temperature screening must be conducted using equipment that complies with the standards and conducted according to the procedures set out in the standards.

Notification — passenger screening checkpoint

22 (1) An air carrier must notify every person who intends to board an aircraft for a flight that the air carrier operates that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 21(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Confirmation — passenger screening checkpoint

(2) Before passing beyond a passenger screening checkpoint to board an aircraft for a flight, every person must confirm to the air carrier operating the flight that they understand that they may not be permitted to board an aircraft for a flight originating in Canada and that they must not enter a restricted area at any aerodrome in Canada for a period of 14 days if the temperature screening conducted under subsection 21(2) indicates that they have an elevated temperature, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — elevated temperature

23 (1) If the temperature screening conducted under subsection 21(2) indicates that the person has an elevated temperature, the screening authority must

• (a) deny the person entry to the restricted area; and
• (b) notify the person that they are not permitted to board an aircraft for a flight originating in Canada or enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — refusal

(2) If a person refuses to be subjected to a temperature screening, the screening authority must deny them entry to the restricted area.

Period of 14 days

24 A person who is denied entry to the restricted area under section 23 is not permitted to enter a restricted area at any aerodrome in Canada for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Denial — person intending to board aircraft

25 (1) If, under section 23, a screening authority denies entry to a restricted area to a person who intends to board an aircraft for a flight, other than a crew member, the screening authority must, for the purpose of paragraph 25(4)(a), notify the air carrier operating the flight that that person has been denied entry to the restricted area and provide the person’s name and flight number to the air carrier.

Denial — person not intending to board aircraft

(2) If, under section 23, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight, the screening authority must, for the purpose of subsection 25(5), provide the following information to the operator of the aerodrome:

• (a) the person’s name as it appears on their document of entitlement;
• (b) the number or identifier of the person’s document of entitlement;
• (c) the reason why the person was denied entry to the restricted area.

Denial — crew member

(3) If, under section 23, a screening authority denies entry to a restricted area to a crew member, the screening authority must provide the information referred to in subsection (2) to the air carrier for the purpose of allowing the air carrier to assign a replacement crew member, if necessary.

Denial — air carrier requirements

(4) An air carrier that has been notified under subsection (1) must

• (a) ensure that the person is directed to a location where they can retrieve their checked baggage, if applicable; and
• (b) if the person is escorted to a location where they can retrieve their checked baggage, ensure that the escort wears a face mask and maintains a distance of at least two metres between themselves and the person.

Denial — aerodrome operator requirement

(5) The operator of an aerodrome that has been notified under subsection (2) must suspend the person’s restricted area entry privileges for a period of 14 days after the person was denied entry to the restricted area, unless the person provides a medical certificate certifying that their elevated temperature is not related to COVID-19.

Prohibition — person not intending to board aircraft or crew member

(6) If, under section 23, a screening authority denies entry to a restricted area to a person who does not intend to board an aircraft for a flight or to a crew member, that person must not present themselves at a passenger screening checkpoint or non-passenger screening checkpoint at any aerodrome for the purpose of entering a restricted area for a period of 14 days after the denial, unless they provide a medical certificate certifying that their elevated temperature is not related to COVID-19.

Requirement — equipment

26 A screening authority must calibrate and maintain the equipment that it uses to conduct temperature screenings under section 21 in accordance with the standards.

Requirement — training

27 A screening authority must ensure that the person using the equipment to conduct temperature screenings under section 21 has been trained in accordance with the standards to operate the equipment and interpret the data that the equipment produces.

Record keeping — equipment

28 (1) A screening authority must keep a record of the following information with respect to any temperature screening it conducts:

• (a) the number of persons who are denied entry under paragraph 23(1)(a) at a passenger screening checkpoint;
• (b) the number of persons who are denied entry under paragraph 23(1)(a) at a non-passenger screening checkpoint;
• (c) the flight number of any person who is denied entry under paragraph 23(1)(a) at a passenger screening checkpoint and the date on which the person was denied entry;
• (d) the make and model of the equipment that the screening authority uses to conduct the temperature screenings under section 21;
• (e) the date and time when that equipment was calibrated and maintained, as well as the name of the person who performed the calibration or maintenance;
• (f) the results of the calibration and the activities performed during the maintenance of that equipment, including any corrective measures taken.

Record keeping — training

(2) The screening authority must keep a record of the name of every person who has received training under section 27, as well as the contents of the training.

Ministerial access

(3) The screening authority must make the records referred to in subsections (1) and (2) available to the Minister on request.

Temperature screening facilities

29 The operator of an aerodrome must make facilities available for temperature screening that are accessible without having to enter a restricted area.

Requirement — air carrier representative

30 An air carrier must ensure that the screening authority at the aerodrome has been provided with the name and telephone number of the on-duty representative of the air carrier for the purpose of facilitating the return of checked baggage to persons who are denied entry to a restricted area under section 23.

Face Masks

Non-application

31 Sections 32 to 37 do not apply to any of the following persons:

• (a) an infant;
• (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
• (c) a person who is unconscious;
• (d) a person who is unable to remove their face mask without assistance;
• (e) a crew member;
• (f) a gate agent.

Notification

32 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that

• (a) the person must be in possession of a face mask prior to boarding;
• (b) the person must wear the face mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building when they are two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose; and
• (c) the person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.

Obligation to possess face mask

33 Every person must be in possession of a face mask prior to boarding an aircraft for a flight.

Wearing of face mask — persons

34 (1) Subject to subsections (2) to (4), a private operator or air carrier must require a person to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the person is two metres or less from another person.

Exceptions — person

(2) Subsection (1) does not apply

• (a) when the only other persons who are two metres or less from the person are occupants of the person’s dwelling-house or other place that serves that purpose;
• (b) when the safety of the person could be endangered by wearing a face mask;
• (c) when the person is drinking, eating or taking oral medications;
• (d) when a gate agent or a crew member authorizes the removal of the face mask to address unforeseen circumstances or the person’s special needs; or
• (e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the face mask to verify the person’s identity.

Exceptions — flight deck

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

• (a) a Department of Transport air carrier inspector;
• (b) an inspector of the civil aviation authority of the state where the aircraft is registered;
• (c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
• (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
• (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.

Exception — physical barrier

(4) During the boarding process, subsection (1) does not apply to a person if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Compliance

35 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel or a crew member with respect to wearing a face mask.

Prohibition — private operator or air carrier

36 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if

• (a) the person is not in possession of a face mask; or
• (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.

Refusal to comply

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

• (a) keep a record of
  • (i) the date and flight number,
  • (ii) the person’s name and contact information,
  • (iii) the person’s seat number, and
  • (iv) the circumstances related to the refusal to comply; and
• (b) inform the Minister as soon as feasible of any record created under paragraph (a).

Wearing of face mask — crew member

38 (1) Subject to subsections (2) to (4), a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight that the private operator or air carrier operates when the crew member is two metres or less from another person.

Exceptions — crew member

(2) Subsection (1) does not apply

• (a) when the safety of the crew member could be endangered by wearing a face mask;
• (b) when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or
• (c) when the crew member is drinking, eating or taking oral medications.

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.

Exception — physical barrier

(4) During the boarding process, subsection (1) does not apply to a crew member if the crew member is two metres or less from another person and the crew member and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Wearing of face mask — gate agent

39 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight that the private operator or air carrier operates when the gate agent is two metres or less from another person.

Exceptions

(2) Subsection (1) does not apply

• (a) when the safety of the gate agent could be endangered by wearing a face mask; or
• (b) when the gate agent is drinking, eating or taking oral medications.

Exception — physical barrier

(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is two metres or less from another person and the gate agent and the other person are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Deplaning

Non-application

40 Section 41 does not apply to any of the following persons:

• (a) an infant;
• (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
• (c) a person who is unconscious;
• (d) a person who is unable to remove their face mask without assistance;
• (e) a person who is on a flight that originates in Canada and is destined to another country.

Wearing of face mask — person

41 A person who is on board an aircraft must wear a face mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building by a passenger loading bridge or otherwise when the person is two metres or less from another person, unless both persons are occupants of the same dwelling-house or other place that serves that purpose.

Screening Authority

Definition of screening authority

42 (1) For the purposes of sections 43 and 46, screening authority means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act.

Non-application

(2) Sections 43 to 46 do not apply to any of the following persons:

• (a) an infant;
• (b) a person who provides a medical certificate certifying that they are unable to wear a face mask for a medical reason;
• (c) a person who is unconscious;
• (d) a person who is unable to remove their face mask without assistance;
• (e) a member of emergency response provider personnel who is responding to an emergency;
• (f) a peace officer who is responding to an emergency.

Requirement — passenger screening checkpoint

43 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a face mask at all times during screening.

Wearing of face mask — person

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

Requirement to remove face mask

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

Wearing of face mask — screening officer

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

Requirement — non-passenger screening checkpoint

44 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a face mask at all times.

Wearing of face mask — screening officer

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

Exceptions

(3) Subsection (2) does not apply

• (a) when the safety of the screening officer could be endangered by wearing a face mask; or
• (b) when the screening officer is drinking, eating or taking oral medications.

Exception — physical barrier

45 Sections 43 and 44 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.

Prohibition — passenger screening checkpoint

46 (1) A screening authority must not permit a person who has been notified to wear a face mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.

Prohibition — non-passenger screening checkpoint

(2) A screening authority must not permit a person who refuses to wear a face mask to pass beyond a non-passenger screening checkpoint into a restricted area.

Designated Provisions

Designation

47 (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

• (a) the particulars of the alleged contravention;
• (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
• (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
• (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
• (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.

Repeal

48 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 5, made on August 7, 2020, is repealed.

SCHEDULE 1

(Subsection 19(1))

Aerodromes

Name	ICAO Location Indicator
Calgary International Airport	CYYC
Montréal / Pierre Elliott Trudeau International Airport	CYUL
Toronto / Lester B. Pearson International Airport	CYYZ
Vancouver International Airport	CYVR

SCHEDULE 2

(Subsections 47(1) and (2))

Designated Provisions

Column 1 Designated Provision	Column 2 Maximum Amount of Penalty ($)
	Individual	Corporation
Subsection 2(1)	5,000	25,000
Subsection 2(2)	5,000	25,000
Subsection 2(3)	5,000	25,000
Subsection 2(4)	5,000	25,000
Subsection 3(1)	5,000
Subsection 3(2)	5,000
Subsection 3(3)	5,000
Subsection 3(4)	5,000
Section 4	5,000	25,000
Section 5	5,000	25,000
Subsection 8(1)	5,000	25,000
Subsection 8(2)	5,000	25,000
Subsection 8(3)	5,000	25,000
Subsection 8(4)	5,000	25,000
Subsection 8(5)	5,000
Subsection 8(7)	5,000	25,000
Section 9	5,000	25,000
Section 10	5,000
Subsection 12(1)		25,000
Subsection 12(2)		25,000
Subsection 13(1)		25,000
Subsection 13(2)	5,000
Subsection 14(1)		25,000
Subsection 14(2)		25,000
Section 15	5,000
Section 16		25,000
Section 17		25,000
Subsection 18(1)		25,000
Subsection 18(2)		25,000
Subsection 18(3)		25,000
Subsection 18(4)		25,000
Section 20	5,000
Subsection 21(1)		25,000
Subsection 21(2)		25,000
Subsection 22(1)		25,000
Subsection 22(2)		25,000
Subsection 23(1)		25,000
Subsection 23(2)		25,000
Section 24	5,000
Subsection 25(1)		25,000
Subsection 25(2)		25,000
Subsection 25(3)		25,000
Subsection 25(4)		25,000
Subsection 25(5)		25,000
Subsection 25(6)	5,000
Section 26		25,000
Section 27		25,000
Subsection 28(1)		25,000
Subsection 28(2)		25,000
Subsection 28(3)		25,000
Section 29		25,000
Section 30		25,000
Section 32	5,000	25,000
Section 33	5,000
Subsection 34(1)	5,000	25,000
Section 35	5,000
Section 36	5,000	25,000
Section 37	5,000	25,000
Subsection 38(1)	5,000	25,000
Subsection 39(1)	5,000	25,000
Section 41	5,000
Subsection 43(1)		25,000
Subsection 43(2)	5,000
Subsection 43(3)	5,000
Subsection 43(4)	5,000
Subsection 44(1)	5,000
Subsection 44(2)	5,000
Subsection 46(1)		25,000
Subsection 46(2)		25,000

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 Canada
President and Chief Executive Officer	Atomic Energy of Canada Limited
Director	Business Development Bank of Canada
Director — Board Risk Committee Chairperson	Business Development Bank of Canada
Commissioner for Employers	Canada Employment Insurance Commission
Commissioner for Workers	Canada Employment Insurance Commission
President and Chief Executive Officer	Canada Lands Company Limited
President	Canada Mortgage and Housing Corporation
Member (Federal)	Canada—Newfoundland and Labrador Offshore Petroleum Board
President	Canadian Commercial Corporation
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
Chairperson	Canadian Museum of History
Permanent Member	Canadian Nuclear Safety Commission
Executive Director	Canadian Race Relations Foundation
President	Canadian Space Agency
Chairperson	Canadian Transportation Agency
Temporary Member	Canadian Transportation Agency
Chief Administrator	Courts Administration Service
Director	Export Development Canada
Director	Farm Credit 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
Member, Northwest Territories	Historic Sites and Monuments Board of Canada
Assistant Deputy Chairperson	Immigration and Refugee Board of Canada
Member (appointment to roster)	International Trade and International Investment Dispute Settlement Bodies
Chairperson	The Jacques Cartier and Champlain Bridges Incorporated
Chairperson	Marine Atlantic Inc.
Director (Federal)	Nanaimo Port Authority
Secretary	National Battlefields Commission
Member	Natural Sciences and Engineering Research Council of Canada
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
Member	Social Sciences and Humanities Research Council of Canada
President	Social Sciences and Humanities Research Council of Canada
Member	Social Security Tribunal of Canada
Registrar	Supreme Court of Canada
Member	Telefilm Canada
Chairperson and Member	Transportation Appeal Tribunal of Canada
Member	Transportation Appeal Tribunal of Canada
Vice-Chairperson	Transportation Appeal Tribunal of Canada
Member	Transportation Safety Board of Canada