Repealed - Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5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

Le ministre des Transports,

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.

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

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

Regulations means the Canadian Aviation Regulations. (Règlement)

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

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

  • (a) a private operator that operates an aircraft under Subpart 4 of Part VI of the Regulations; and
  • (b) an air carrier that operates an aircraft under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

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

  • (a) a foreign national who is permitted to enter 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 any country other than the United States); or
  • (b) a foreign national in transit through Canada to another country.

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:

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

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

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

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:

  • (a) a crew member; or
  • (b) a person who provides a medical certificate certifying that any symptoms referred to in subsection 10(1) that they are exhibiting are not related to COVID-19.

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

  • (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, during the boarding process, that the person is exhibiting
    • (i) a fever and cough, or
    • (ii) a fever and breathing difficulties;
  • (c) the person’s answer to the additional question asked of them under subsection 10(2) is in the affirmative; or
  • (d) the person is a competent adult and refuses to answer any questions asked of them under subsection 10(1) or (2).

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

  • (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

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))

Column I Column II
Designated Provision 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

 
Date modified: