Repealed - Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3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

Le ministre des Transports,

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.

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

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. (masque)

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)

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 authority has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (administration de contrôle)

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

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

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:

  • (a) the holder of a private operator registration document issued under Subpart 4 of Part VI of the Regulations; and
  • (b) the holder of a certificate issued under Subpart 1, 3, 4 or 5 of Part VII of the Regulations.

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:

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

Additional questions

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

  • (a) whether they have been refused boarding in the past 14 days due to a medical reason related to COVID-19; and
  • (b) whether they are the subject of a mandatory quarantine order as a result of recent travel or as a result of an order issued by a provincial or local public health authority.

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

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

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:

  • (a) a crew member; or
  • (b) a passenger who provides a medical certificate certifying that any symptoms referred to in subsection 5(1) that they are exhibiting are not related to COVID-19.

Prohibition

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

  • (a) the passenger’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 operator observes, before a passenger boards an aircraft, that the passenger is exhibiting
    • (i) a fever and cough, or
    • (ii) a fever and breathing difficulties;
  • (c) the passenger’s answer to any of the additional questions asked of them under subsection 5(2) is in the affirmative; or
  • (d) the passenger is a competent adult and refuses to answer any of the questions asked of them under subsection 5(1) or (2).

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:

  • (a) an infant;
  • (b) a person who has breathing difficulties unrelated to COVID-19;
  • (c) a person who is unconscious; or
  • (d) a person who is unable to remove a face mask without assistance.

Notification

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

  • (a) the passenger must be in possession, prior to boarding, of a face mask;
  • (b) the passenger must wear the face mask at all times during the flight when they are 2 m or less from another person unless both persons live in the same private dwelling-house or other place that serves that purpose; and
  • (c) the passenger must comply with any instructions given by a crew member with respect to wearing a face mask.

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

  • (a) when the safety of the person could be endangered by wearing a face mask;
  • (b) when the person is eating, drinking or taking oral medications; or
  • (c) when a crew member authorizes the removal of the face mask to address the passenger’s special needs or unforeseen circumstances.

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

  • (a) the passenger is a competent adult and does not provide, or refuses to provide, the confirmation referred to in section 11;
  • (b) the operator cannot verify under section 13 that the passenger is in possession of face mask; or
  • (c) the passenger refuses to comply with instructions given by a crew member with respect to wearing a face mask.

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

  • (a) keep a record of
    • (i) the date and flight number,
    • (ii) the passenger’s name and contact information,
    • (iii) the passenger’s seat number on the flight, 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).

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

  • (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 in respect of that notice will be taken against the person on whom the notice 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 or fail to file a request for a review with the Tribunal within the prescribed period.

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))

Column 1 Column 2
Designated Provision 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

Date modified: