Canada Gazette, Part I, Volume 154, Number 35: GOVERNMENT NOTICES

August 29, 2020

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order 2020-87-11-02 Amending the Non-domestic Substances List

Whereas, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999footnote a, the Minister of the Environment has added the substance referred to in the annexed Order to the Domestic Substances Listfootnote b;

Therefore, the Minister of the Environment, pursuant to subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, makes the annexed Order 2020-87-11-02 Amending the Non-domestic Substances List.

Gatineau, August 13, 2020

Jonathan Wilkinson
Minister of the Environment

Order 2020-87-11-02 Amending the Non-domestic Substances List

Amendments

1 Part I of the Non-domestic Substances Listfootnote 1 is amended by deleting the following:

Coming into Force

2 This Order comes into force on the day on which Order 2020-87-11-01 Amending the Domestic Substances List comes into force.

DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice with respect to the Code of Practice for Certain Methylenediphenyl Diisocyanates in Low-Pressure Two-Component Spray Polyurethane Foam Products

Whereas on June 10, 2017, the Minister of the Environment and the Minister of Health published in the Canada Gazette, Part I, a statement under subsection 77(6) of the Canadian Environmental Protection Act, 1999 indicating their intention to recommend that benzene, 1,1′-methylenebis[4-isocyanato-; benzene, 1,1′-methylenebis[2-isocyanato-; benzene, 1-isocyanato-2-[(4-isocyanatophenyl)methyl]-; isocyanic acid, polymethylenepolyphenylene ester; and benzene, 1,1′-methylenebis[isocyanato- be added to the List of Toxic Substances in Schedule 1 of the Act;

Whereas these five methylenediphenyl diisocyanate substances are specified on the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999;

Whereas subsection 92(1) of the Act requires a regulation or instrument respecting preventive or control action in relation to this substance be made and published in the Canada Gazette;

And whereas on April 6, 2019, the Minister of Health published in the Canada Gazette, Part I, the Proposed Code of Practice for Certain Methylenediphenyl Diisocyanates in Low-Pressure Two-Component Spray Polyurethane Foam Products under subsection 55(1) of the Canadian Environmental Protection Act, 1999, which was subject to a 60-day public comment period;

Notice is hereby given, under subsection 55(3) of the Canadian Environmental Protection Act, 1999, that the Minister of Health is issuing the following Code of Practice under subsection 55(1) of that Act:

Code of Practice for Certain Methylenediphenyl Diisocyanates in Low-Pressure Two-Component Spray Polyurethane Foam Products

Gwen Goodier
Director General
Industrial Sectors and Chemicals Directorate

On behalf of the Minister of the Environment

Greg Carreau
Acting Director General
Safe Environments Directorate

On behalf of the Minister of Health

Code of Practice for Certain Methylenediphenyl Diisocyanates in Low-Pressure Two-Component Spray Polyurethane Foam Products

1.0 Glossary

2.0 Objective of the Code of Practice

The objective of this code of practice (herein referred to as the “Code”) is to minimize the potential for respiratory sensitization of the general population from exposure to certain methylenediphenyl diisocyanates (MDIs). The Code will help to achieve this objective by promoting consistent health and safety practices and facilitating access to this information in order to help reduce exposure of the general population to MDIs resulting from the use of low-pressure two-component spray polyurethane foam (SPF) products containing MDIs that are available to users. The Code concerns the MDIs identified in the Substance Groupings Initiative of the second phase of the Chemicals Management Plan (see Table 1).

Table 1: MDIs in the Substance Groupings Initiative

Substance Name

Abbreviation

CAS RNfootnote 2

Benzene- 1,1’-methylenebis[4-isocyanato-

4,4’-MDI

101-68-8

Benzene, 1,1’methylenebis[2-isocyanato

2,2’-MDI

2536-05-2

Benzene, 1-isocyanato-2-[(4-isocyanatophenyl)methyl]-

2,4’-MDI

5873-54-1

Isocyanic acid, polymethylenepolyphenylene ester

pMDI

9016-87-9

Benzene, 1,1’-methylenebis[isocyanato-

Mixed MDI

26447-40-5

All applicable municipal, provincial, territorial, and federal laws pertaining to these substances must still be met and a commitment by any person to adopt the Code does not remove obligations to comply with those requirements.

3.0 Background and scope

3.1 The five MDIs are part of the Methylenediphenyl Diisocyanate and Diamine (MDI and MDA) Substance Grouping that was assessed under phase two of the Government of Canada’s Chemicals Management Plan. The final screening assessment for MDIs concluded that all five substances are entering or may enter the environment in a quantity or concentration, or under conditions that constitute or may constitute a danger in Canada to human life or health and therefore meet the criteria set out in paragraph 64(c) of the Canadian Environmental Protection Act, 1999. The conclusion is based on concerns for sensitization as a result of dermal and inhalation exposure to MDIs during application of low-pressure two-component SPF products.

3.2 MDIs are widely used in the production of a wide range of products including polyurethanes, adhesives, sealants, paints and coatings. These products are used across a variety of sectors, including construction, transportation, machinery, packaging, and furniture.

MDIs are isocyanates used to manufacture SPF systems, including low-pressure two-component products. The MDIs in these products, commonly referred to as the “A Side,” are combined with polyol chemical components, commonly referred to as the “B Side,” to create polyurethane foam. When the product is applied, the A Side and B Side components react quickly to form polyurethane foam.

3.3 Low-pressure two-component SPF products meet National Building Code of Canada 2015 standards, and related material and installation standards, for use only as “air sealants” (i.e. to fill cracks and holes).

3.4 This Code sets out elements of best practices and recommendations that can help reduce exposure of the general population to MDIs in low-pressure two-component SPF products while maintaining flexibility for effective and efficient implementation.

This Code outlines the following actions to

4.0 Persons to whom the Code applies

4.1 This Code may be adopted by any person who

5.0 Products to which the Code applies

5.1 This Code is applicable to low-pressure two-component SPF products containing MDIs available to users.

6.0 Products excluded from the Code

6.1 This Code does not apply to products used for commercial purposes, including

6.2 This Code does not apply to low-pressure one-component SPF products containing MDIs.

7.0 Elements of best practices and recommendations

7.1 Potential exposure of users to low-pressure two-component SPF products containing MDIs may be mitigated by

7.2 Information on safe use and handling may include, but is not limited to, the following:

7.3 Promoting access to information on safe use and handling may include, but is not limited to, the following:

8.0 Recommended packaging, labelling, and documentation on safe use and handling

8.1 A person who adopts this Code must comply with the Consumer Chemicals and Containers Regulations, 2001.

8.2 Additional packaging and labelling may include, but is not limited to, language to

8.3 A person who adopts this Code should provide documentation to the user which includes, but is not limited to,

9.0 Recommended implementation practices

9.1 A person who adopts this Code should make available and facilitate access to materials and tools for users on responsible health and safety practices, and safe use and handling of low-pressure two-component SPF products.

9.2 For manufacturers and/or importers, practices to make materials and tools available and facilitate access to them may include, but are not limited to, one or more of the following:

9.3 For retailers, practices to make materials and tools available and facilitate access to them may include, but are not limited to, one or more of the following:

10.0 Record keeping and reporting

10.1 Any person who adopts this Code should provide written notice to Health Canada upon adoption of sections 7.0, 8.0, and 9.0 of the Code. This notice will detail the specific low-pressure two-component SPF products to which this Code applies as outlined in section 5.0. A Declaration Form has been provided in Part 1 of Appendix 1 of the Code.

10.2 Any person who adopts this Code should keep electronic or paper records of the information below for a period of at least five years after the day on which the records were completed in order to satisfy reporting requirements as outlined in sections 10.3 and 10.4:

10.3 Any person who adopts this Code should send a report to Health Canada by March 31 of the calendar year following the adoption of the Code in order to establish baseline data. The report should cover the previous calendar year’s activities. Subsequent reports should be sent every two years by March 31 of the reporting year and should cover activities relevant to the previous calendar year. The report should include the product name, the MDI contained in the product, and information regarding the implementation of the Code. Reporting information is provided in Part 2 of Appendix 1 of the Code. This information will be used to evaluate whether the objective of the Code was achieved.

10.4 Notice should be provided to Health Canada when products and/or practices related to the safe use and handling of products have changed, or if a person who has adopted the Code permanently ceases to manufacture, import, or sell to users low-pressure two-component SPF products containing MDIs.

11.0 Confidentiality

11.1 In this section, “confidential business information,” with respect to a person to whose business or affairs the information relates, means business information

11.2 Requests for confidentiality

A person who provides information to the Minister of Health under this Code must submit a written request identifying the specific information to be treated as confidential business information as well as a rationale for the request. If the Minister considers that the information does not meet the definition of confidential business information, a written notice will be given to this effect to the person who had provided the information to the Minister.

The Minister of Health will use and disclose confidential business information in respect of which a request for confidentiality has been made as permitted by law. For greater certainty, personal information as defined in section 3 of the Privacy Act will be used and disclosed in accordance with that Act.

12.0 Contact information to submit declarations and reports

Declarations and reports should be submitted to Health Canada by mail or email to the following addresses. Please type “Declaration for Code of Practice for MDI Substances” or “Report on Implementation of the Code of Practice for MDI Substances,” as appropriate, in the subject line of your message.

Email: HC.chemicalsubstances-chimiques.SC@canada.ca

Mail: Health Canada
269 Laurier Avenue West
Address Locator 4905B
Ottawa, Ontario
K1A 0K9

13.0 Review of progress and need for further action

13.1 Within five years after publication of this Code in the Canada Gazette, Part I, the Minister of Health may initiate a review of the adoption of the Code and the progress the Code has achieved towards helping to reduce exposure of the general population to MDIs in low-pressure two-component SPF products that are available to users.

13.2 The review will inform if other steps, including regulatory measures, are needed to further help minimize exposure of the general population to MDIs in low-pressure two-component SPF products that are available to users.

13.3 A periodic review of the adoption of the Code may be undertaken if it is deemed necessary after the initial review is completed.

Appendix 1: Reporting Requirements

Part 1: Declaration Form

This declaration provides information to Health Canada in respect of section 10 of the Code of Practice.

1.1 Contact information
1.2 Declaration

I declare that [insert company name] has adopted the Code of Practice for Certain Methylenediphenyl Diisocyanates in Low-Pressure Two-Component Spray Polyurethane Foam Products.


Submitter name (print)


Submitter title


Telephone number


Email address


Submitter signature


Date of signature

Request for Confidentiality

Confidentiality will be considered as under section 11 of the Code of Practice. Please identify specific sections that are requested to be treated as confidential.

Part 2: Reporting Information

Section 2.1: Reporting year
Section 2.2: Product information

2.2.1 Total number of low-pressure two-component SPF products containing MDIs sold in the reporting year reported in section 2.1(a).

2.2.2 For each product containing a MDI that is subject to this Code, provide the following information:

Section 2.3: Packaging, labelling and documentation on safe use and handling

2.3.1 For each product manufactured or imported, and identified in section 2.2.2, provide the following information on packaging and labelling:

2.3.2 For each product manufactured or imported, and identified in section 2.2.2, provide the following information on documentation:

Section 2.4: Implementation practices

2.4.1 For manufacturers and importers, provide the following information on materials and tools for responsible health and safety practices, and safe use and handling of low-pressure two-component SPF products:

2.4.2 For retailers, provide the following information on how materials and tools for responsible health and safety practices, and safe use and handling of low-pressure two-component SPF products are made available:

Section 2.5: Confidentiality

A person who provides information to the Minister of Health under this Code may submit a written request that the information or part of it be treated as confidential business information as well as a rationale for the request. If the Minister considers that the information does not meet the definition of confidential business information, a written notice will be given to this effect to the person who had provided the information to the Minister.

Section 2.6: Contact information to submit declarations and reports

Declarations and reports should be submitted by March 31 of the calendar year following the adoption of the Code in order to establish baseline data. The report should cover the previous calendar year’s activities. Subsequent reports should be sent every two years by March 31 of the reporting year and should cover activities relevant to the previous calendar year. Reports should be submitted to Health Canada by mail or email at following addresses. Please type “Declaration for Code of Practice for MDI Substances” or “Report on Implementation of the Code of Practice for MDI Substances,” as appropriate, in the subject line of your message.

Email: HC.chemicalsubstances-chimiques.SC@canada.ca

Mail: Health Canada
269 Laurier Avenue West
Address Locator 4905B
Ottawa, Ontario
K1A 0K9

DEPARTMENT OF HEALTH

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

Filing of claims for exemption

A supplier can file a claim for exemption under the Hazardous Materials Information Review Act (HMIRA) with Health Canada from having to disclose information under the Hazardous Products Act (HPA) and 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 filing of claims for exemption under the HMIRA listed in the table below.

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

Claimant

Product Identifier

Subject of the Claim for Exemption

Registry Number

The Lubrizol Corporation

Carbosperse™ K-XP228

C.i. of one ingredient

03379617

Vanguard Automation GmbH

VanCore A

C.i. of four ingredients

03379618

ChemTreat Inc.

Chemtreat FL5283ZC

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

03379619

Shell Catalysts & Technologies

Cansolv Absorbent DC-103C

C.i. and C. of
three ingredients

03379620

ChampionX Canada ULC

CORR23830A

C.i. and C. of
two ingredients

03379631

Nalco Canada ULC

NALCO® EC3403B

C.i. of three ingredients

03380123

Quadra Chemicals LTD.

Polyfloat™ 7434

C.i. and C. of
six ingredients

03380560

King Lee Technologies

Pretreat Plus 0100

C.i. and C. of
one ingredient

03380561

Momentive Performance Materials

Niax* silicone L-626

C.i. and C. of
one ingredient

03380562

ChampionX Canada ULC

SCAL24186A

C.i. and C. of
one ingredient

03381362

Quadra Chemicals LTD.

Polyfloat™ 7438

C.i. and C. of
three ingredients

03381364

Evans Chemetics LP

Thiocure 1200

C.i. of one ingredient

03381946

Ingevity Corporation

INDULIN C

C.i. and C. of
one ingredient

03382225

Ingevity Corporation

INDULIN HFE

C.i. and C. of
one ingredient

03382226

Ingevity Corporation

INDULIN AA-89

C.i. and C. of
three ingredients

03382229

Ingevity Corporation

EVOTHERM H5

C.i. and C. of
one ingredient

03382230

Ingevity Corporation

EVOTHERM EH (Export Only)

C.i. and C. of
one ingredient

03382231

Ingevity Corporation

PAVE BOND 3100

C.i. and C. of
two ingredients

03382232

Ingevity Corporation

EVOTHERM J1

C.i. and C. of
two ingredients

03382234

The Lubrizol Corporation

Powerzol ZG1185

C.i. of two ingredients

03382525

ChampionX Canada ULC

CORR10528A

C.i. and C. of
two ingredients

03382565

ChampionX Canada ULC

CORR10128C

C.i. and C. of
two ingredients

03382718

10892971 Canada Inc., Bois de grange instantané

Trousse Bois de grange instantané - Instant Barn Wood Kit

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

03382719

Liquids Matter Inc.

Sweet Treat

C.i. of one ingredient

03382720

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

DEPARTMENT OF TRANSPORT

AERONAUTICS ACT

Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 5

Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation 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 c and 4.9footnote d, paragraphs 7.6(1)(a)footnote e and (b)footnote f and section 7.7footnote g of the Aeronautics Actfootnote h;

And whereas, pursuant to subsection 6.41(1.2)footnote i 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 i of the Aeronautics Act footnote h, makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 5.

Ottawa, August 7, 2020

Marc Garneau
Minister of Transport

Interim Order Respecting Certain Requirements for Civil Aviation 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 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:

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:

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

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

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

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

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:

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

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:

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:

Non-application

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

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

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:

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

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:

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:

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

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

Exceptions — flight deck

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

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

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

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

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

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:

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:

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

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

Repeal

48 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 4, made on July 25, 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