CIMM - Summary of Orders in Council

Orders in Council (Quarantine Act)

1: February 3, 2020 - 020-0059

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Minimizing the risk of exposure to 2019-ncov acute respiratory disease in Canada order in order to protect the health of exposed travellers as well as the health and safety of the general public from the 2019-nCoV acute respiratory disease outbreak through heightened oversight of all individuals arriving to Canada from Hubei Province, China as part of the Government of Canada’s action to bring Canadians home.
    • Applies to persons who arrive by aircraft at Canadian Forces Base Trenton, directly or indirectly from Hubei province.
• Expiry (if applicable): March 31, 2020

2: February 17, 2020 - 2020-0070

Repealed – replaced by Order #10

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Minimizing the risk of exposure to covid-19 coronavirus disease in Canada order in order to protect the health of exposed travellers as well as the health and safety of the general public from the COVID-19 coronavirus disease outbreak through heightened oversight of all individuals arriving to Canada from areas with a high contagion risk, as part of the Government of Canada’s action to bring Canadians home.
    • Applies to persons on a flight that is organized by the Government of Canada or a foreign government.
• Expiry (if applicable): April 30, 2020

3: February 19, 2020 - 2020-0071

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Minimizing the risk of exposure to covid-19 coronavirus disease in Canada order (persons not on government flight) in order to protect the health of travellers who have or may have been exposed to the COVID-19 coronavirus disease outbreak, as well as the health and safety of the general public through heightened oversight of all individuals arriving in Canada from an outbreak area (i.e. high contagion risk), but who have either declined the Government of Canada’s express action to bring Canadians home or are foreign nationals not eligible for the repatriation effort.
    • Applies to persons offered the opportunity to leave the country on a government organized flight but did not board, as well as persons who were on board a conveyance in a foreign country on which there was an outbreak but were not offered a government organized flight.
• Expiry (if applicable): April 30, 2020

4: March 18, 2020 – 2020-0157

Repealed – replaced by Order #6

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Prohibition of Entry into Canada - Minimizing the risk of exposure to covid-19 coronavirus disease in Canada order (prohibition of entry into Canada) in order to protect the health and safety of the public from the COVID-19 coronavirus disease outbreak by banning entry of certain foreign nationals travelling to Canada by air from all countries with the exception of persons travelling from the United States.
    • Prohibits foreign nationals arriving by air from a country other than the US from entering, unless the person has been in Canada or the US for 14 days prior to arrival, with select list of exemptions.
• Expiry (if applicable): March 18, 2020 -March 22, 2020 (was June 30, 2020)

5: March 20, 2020 - 2020-0161

Repealed – replaced by Order #9

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Minimizing the risk of exposure to covid-19 in Canada order (prohibition of entry into Canada from the united states) in order to protect the health of the public from the introduction or spread of the COVID-19 coronavirus disease transmitted via travellers from foreign countries by prohibiting entry into Canada by foreign nationals for optional or discretionary purposes.
    • Prohibits foreign nationals from entering Canada from the US for an optional or discretionary purpose (including tourism, recreation and entertainment). There are some exemptions, including some refugee claimants.
    • Prohibits entry of persons exhibiting symptoms of COVID-19
• Expiry (if applicable): April 21, 2020

6: March 22, 2020 - 2020-0162

Repealed – replaced by Order #7

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #4 (2020-0157) - March 18, 2020
  • Minimizing the risk of exposure to covid-19 in Canada order (prohibition of entry into Canada from any country other than the United States) in order to enhance recent border measures to minimize the risk of exposure to COVID-19 coronavirus disease from being transmitted by travellers entering Canada from foreign countries.
    • Builds on OIC#4 (2020-0157)
    • Prohibits foreign nationals from entering Canada from any country other than the US by all modes (air, land, sea), with select list of exemptions.
    • Prohibits entry of persons exhibiting symptoms of COVID-19.
• Expiry (if applicable): June 30, 2020

7: March 26, 2020 - 2020-0184

Repealed – replaced by Order #13

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #6 (2020-0162) – March 22, 2020
    • Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States) in order to enhance recent border measures to minimize the risk of exposure to COVID-19 coronavirus disease from being transmitted by travellers entering Canada from foreign countries.
      • Builds on OIC#6 (2020-0162)
      • Includes new exceptions for SP/WP and PRV holders
      • Prohibits foreign nationals from entering Canada from any country other than the US, with expanded list of exemptions (work and student visa holders, persons transporting essential medical materials such as blood, tissue and organs, etc.).
      • Prohibits entry of persons exhibiting symptoms of COVID-19.
• Expiry (if applicable): June 30, 2020

8: March 25, 2020 - 2020-0175

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation)
  • Minimizing the risk of exposure to covid-19 in Canada order (mandatory isolation) in order to manage all persons who enter Canada whether by air, land rail and sea, to minimize the travel related risk of introduction and spread of COVID-19 coronavirus disease by requiring all persons who enter Canada to isolate for 14 days from the day upon which they entered Canada.
    • Requires mandatory self-isolation for 14 days of all persons entering Canada, subject to exemptions for persons who need to perform essential functions.
• Proposed CPHO Exemption - Essential Service
  • Proposed exemption by the Chief Public Health Officer under 3(e) of the OIC #8 (Mandatory Isolation):
    • Identifies a person or any person in a class of persons who, in the opinion of the Chief Public Health Officer will provide an essential service while in Canada and will not be subject to self-isolation
• Expiry (if applicable): June 30, 2020

9: March 26, 2020 - 2020-0185

Repealed – replaced by Order #11

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #5 (2020-0161) - March 20, 2020
  • Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
    • Builds on OIC#5 (2020-0161), to ensure that the newly included exemptions under OIC#7 (2020-0184) are cross referenced for the purposes of entry into the US.
    • The purpose is to ensure that persons permitted to enter Canada directly under OIC#7 (such as work and student visa holders, persons transporting essential medical materials, etc.) are not required to be in Canada or the US for 14 days prior to entering Canada.
    • Prohibits entry of persons exhibiting symptoms of COVID-19.
• Expiry (if applicable): April 21, 2020

10: April 15, 2020 - 2020-0260

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #2 (2020-0070) - February 17, 2020
  • Non-application of P.C. 2020-71 (#3)
  • The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Persons Not on Government Flight), P.C. 2020-71 of February 19, 2020, does not apply to any person who enters Canada on or after April 15, 2020.
  • Non-application of P.C. 2020-175  (#8)
  • The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), P.C. 2020-175 of March 24, 2020, does not apply to any person who enters Canada on or after April 15, 2020.
  • Minimizing the risk of exposure to covid-19 in Canada order (mandatory isolation), NO. 2 in order to support Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country by addressing newly emerging public health science on COVID-19 that indicates that even asymptomatic or pre-symptomatic individuals can spread the disease.
    • Provide clarification on terminology and is based on new scientific evidence that people without symptoms may transmit the virus.
    • Any traveller (asymptomatic or symptomatic) arriving in Canada—cannot isolate or quarantine (respectively) in a place where they would be in contact with people who are vulnerable, such as adults aged 65 years or over and people with pre-existing medical conditions.
    • Every traveller (asymptomatic or symptomatic) will need to confirm that they have a suitable place to isolate or quarantine, where they will have access to basic necessities, such as food and medication.
    • Travellers (asymptomatic or symptomatic) will be expected to make plans for where they will isolate or quarantine in advance of arriving to Canada.
    • Travellers (asymptomatic or symptomatic) who lives with people who are vulnerable or who does not have an appropriate place in which to isolate or quarantine themselves must go to a place designated by the Chief Public Health Officer of Canada.
    • Travellers (asymptomatic or symptomatic) now arriving in Canada is now required to wear a non-medical mask or face covering while in transit to isolation (if sick) or quarantine.
    • The 14-day quarantine period is reset if the asymptomatic person develops any signs and symptoms of COVID-19, or if they are exposed to someone who exhibits signs and symptoms after entering Canada, or if they are exposed to someone subject to this Quarantine order who exhibits signs and symptoms or is diagnosed with COVID-19
• CPHO Exemption for Essential Services
  • Essential service by the Chief Public Health Officer under 6(e) of the #OIC 10 (Mandatory Isolation) No. 2:
    • Identifies a person or any person in a class of persons who, in the opinion of the Chief Public Health Officer will provide an essential service while in Canada and will not be subject to mandatory isolation.
• Expiry (if applicable): June 30, 2020

11: April 22, 2020 2020-0263

Repealed – replaced by Order #12

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #9 (2020-185) - March 26, 2020
  • Minimizing the risk of exposure to covid-19 in Canada order (prohibition of entry into Canada from the united states) in order to support Canada’s continued focus on reducing the introduction and further spread of COVID-19 by extending the prohibition of entry into Canada by foreign nationals from the United States, and by addressing the application of the Safe Third Country Agreement.
  • A foreign national is prohibited from entering Canada from the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
  • Foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 cannot be complied with.
  • Foreign nationals coming from the U.S., may be authorized to enter if traveling for an essential purpose.
  • Note: Foreign nationals coming from a country other than the U.S., may be authorized to enter if they meet one of the exceptions AND are traveling for an essential purpose. (OIC #7 (2020-0184)
  • Asylum Claimants:
    • Prohibited to apply between ports of entry, at airports and other ports of entry (ex: marine)
    • The STCA applies to ALL claimants who enter at a land port of entry. STCA exceptions include:
      • Claimants with a family member in Canada
      • Unaccompanied minors
      • Persons who hold a valid travel document issued by Canada
      • Persons who are from a visa-exempt country for Canada but require a visa to enter the U.S.
    • Ministerial Discretion to exempt claimants from the prohibition when in the national or public interest
    • Exceptions: U.S. citizens, Stateless habitual residents of the U.S., unaccompanied minors.
• Expiry (if applicable): May 21, 2020

12: May 22, 2020 - 2020-0370

Repealed – replaced by Order #14

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #11 (2020-0263) - April 22, 2020
  • Minimizing the risk of exposure to covid-19 in Canada order (prohibition of entry into Canada from the united states) in order to continue restricting entry into Canada from the United States and extend the effective period until June 21, 2020, to continue to protect Canadians from the introduction of COVID-19 from other countries.
    • No new changes in this order, text same as previous Order #11
• Expiry (if applicable): June 21, 2020

13: June 8, 2020 - 2020-0441

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #7 (2020-184) - March 26, 2020
  • Minimizing the risk of exposure to covid-19 in Canada order (prohibition of entry into Canada from any country other than the united states) in order to (1) support Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country; (2) continue to prohibit entry into Canada of foreign nationals arriving from countries other than the United States, with some limited exemptions; and (3) enable family reunification of foreign nationals who are immediate family members of Canadian citizens and permanent residents, provided that they establish their intent to remain in Canada to be with their family member for a period of at least 15 days.
    • Definition of common-law partner same meaning as IRPR
    • Added under Section 3 (w) and (x) (FNs permitted to enter Canada):
      • unaccredited diplomats, consular officers and other officials and their immediate family members who travel to Canada  for the purposes of taking up their posting
      • arrives at a Canadian airport aboard a commercial passenger conveyance and who is transiting and remains in a sterile transit area
    • Under Exception – Signs and Symptoms
      • Added – if the FN has COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms
    • Under Exception – optional or discretional added Non-application – immediate family member where
      • asymptomatic foreign nationals that can establish their intent to enter Canada for minimum of 15 days to be with an immediate family member (who is a Canadian citizen or permanent resident), and agree to comply with quarantine requirements
    • Under Non-application – order added 4(c):
      • Clarification that conveyances which pass through Canadian waters and air space and do not land in Canada are exempt from the order.
• Expiry (if applicable): June 30, 2020

14: June 8, 2020 - 2020-0442

• Type of Order: Emergency Order
• Act: Quarantine Act
• Department: Health Canada and PHAC
• Summary:
  • Repeal #12 (2020-0370) - May 22, 2020
  • Minimizing the risk of exposure to covid-19 in Canada order (prohibition of entry into Canada from any country other than the united states) in order to (1) support Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country; (2) continue to prohibit entry into Canada of foreign nationals arriving from countries other than the United States, with some limited exemptions; and (3) enable family reunification of foreign nationals who are immediate family members of Canadian citizens and permanent residents, provided that they establish their intent to remain in Canada to be with their family member for a period of at least 15 days.
    • Definition of common-law partner same meaning as IRPR
    • Definition of immediate family member means spouse or common-law partner of the person, dependent child as defined by IRPR, parent or step-parent of the person or of the person’s spouse or common-law partner or the guardian or tutor of the person.
    • Under Prohibition – optional or discretional added Non-application – immediate family member where
      • asymptomatic foreign nationals that can establish their intent to enter Canada for minimum of 15 days to be with an immediate family member (who is a Canadian citizen or permanent resident), and agree to comply with quarantine requirements.
    • Under Non-application – order added 6(d):
      • Clarification that conveyances which pass through Canadian waters and air space and do not land in Canada are exempt from the order.
• Expiry (if applicable): June 21, 2020

Orders in Council (Immigration and Refugee Protection Act)

1: March 20, 2020 - 2020-0160

• Type of Order: Order in Council
• Act: Pursuant to subsection 5(2) of the Immigration and Refugee Protection Act
• Department: Public Safety and Emergency Preparedness
• Summary:
  • Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and sections 26, 32, 43 and 53 of the Immigration and Refugee Protection Act, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Emergencies Act And Quarantine Act)
    • Establishes mandatory direct back for persons prohibited and arriving from the US under Quarantine Act or Emergencies Act orders or regulations
    • Establishes a Minister’s Delegate issued removal order for cases of non-compliance with the mandatory direct back
    • Establishes requirement for commercial transportation companies (all modes) to not carry to Canada any person who is prohibited to enter Canada by order or regulation made under the Quarantine Act or Emergencies Act
    • Repeal Schedule 1 – POEs
    • Provides Minister of Public Safety the authority to designate hours, location, and certain types of services that do not have to be provided at POEs, taking into account prescribed factors including operational capacity of the CBSA, and any orders or regulations prohibiting entry under either the Quarantine Act or Emergencies Act
• Expiry (if applicable): n/a

2: April 20, 2020 - 2020-0261

• Type of Order: Order in Council
• Act: Pursuant to subsection 5(2) of the Immigration and Refugee Protection Act
• Department: Public Safety and Emergency Preparedness
• Summary:
  • Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and sections 26, 53 and 150 of the Immigration and Refugee Protection Act, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations
  • Amendments include:
    • Making it a mandatory condition that all temporary residents and persons temporarily authorized to enter must comply with any order or regulation made under the Emergencies Act and Quarantine Act
    • Permit a removal order under Minister’s Delegate Authority for failure to comply with the new mandatory condition
    • Establish a finding of fact regulation to support related inadmissibility determination
    • Establish COVID-19 related employer obligations and compliance management processes related to temporary foreign workers
• Expiry (if applicable): n/a

3: April 20, 2020 - 2020-0262

• Type of Order: Order in Council
• Act: Pursuant to subsection 5(2) of the Immigration and Refugee Protection Act
• Department: Public Safety and Emergency Preparedness
• Summary:
  • Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 5(1) and sections 53(a) and (g) and section 61 of the Immigration and Refugee Protection Act, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations
  • Amendments include:
    • Establish minimum factors that must be considered by all decision-makers (officers & Immigration Division etc.) when assessing suitability of a guarantor to ensure compliance with imposed conditions.

• Expiry (if applicable): n/a

Orders in Council (Contraventions Act)

1: April 10, 2020 - 2020-0248

• Type of Order: Order in Council
• Act: Contraventions Act
• Department: Justice
• Summary:
  • Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 8 of the Contraventions Act, makes the annexed Regulations Amending the Contraventions Regulations (Quarantine Act)
    • Designating as contraventions ten offences under the Quarantine Act.
    • Allow authorized enforcement officers to issue contraventions tickets to those found in violation of certain provisions of the Quarantine Act and emergency orders made under section 58 of that Act.
    • Contraventions process is only applicable in certain provinces (i.e. at the time of coming into force it excluded Alberta, Saskatchewan and the territories)

• Expiry (if applicable): n/a

Interim Orders (International and Transborder)

1: March 18, 2020

Repealed - replaced by Order #2

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 1
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

2: March 21, 2020

Repealed - replaced by Order #3

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #1 - March 18, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2
  • Includes broader definition of family member to include:
    • Spouse, common law partner
    • Dependent child
    • Dependent child of a dependent child
    • Parent or step parent
    • Guardian or tutor
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

3: March 24, 2020

Repealed - replaced by Order #4

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #2 - March 21, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 3
  • International flights other than flights from the United States
    • Section 4(1)(a) captures the new exemptions that will in OIC#7 under the Quarantine Act and therefore imports all the exemptions into this IO.
    • An air carrier is prohibited from permitting a foreign national to board an aircraft for a flight to Canada departing from any country other than the United States unless a foreign national is in transit through Canada to another country.
  • Flights from the United States
    • Section 5 references Governor General in Council order, 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) [OIC#5 , which will be replaced by OIC#9]
  • Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

Guidance Material - March 30, 2020

• Summary:
  • Guidance material for air carriers - Managing travellers during the check-in procedure at international airports
  • The Minister of Transport has issued an Interim Order to Prevent Certain Persons from Boarding Flights to Canada Due to COVID-19, pursuant to sub-section 6.41 (1) of the Aeronautics Act, requiring that air operators:
    • prohibit the boarding of foreign nationals travelling to Canada as a final destination; and
    • conduct a health check of all air passengers travelling to Canada from international locations.
  • This Interim Order is in support of the Public Health Agency of Canada’s Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States) Emergency Order made under the Quarantine Act.
  • In addition to the requirements under the Interim Order, Transport Canada is requesting that air carriers read out the In-flight announcement, prior to landing in Canada.

Guidance Material - March 30, 2020

• Summary:
  • COVID-19: Guidance Material for Air Carriers Managing Travellers during the Check-In Procedure at Transborder (U.S.) Airports
  • The Minister of Transport has issued an Interim Order to Prevent Certain Persons from Boarding Flights to Canada Due to COVID-19, pursuant to sub-section 6.41 (1) of the Aeronautics Act, requiring that, for flights to Canada departing from the U.S. (Part 1):
    • air operators notify every foreign national that they may be prohibited from entering Canada under any of the emergency orders made under the Quarantine Act;
    • passengers confirm that they have read the contents of the emergency orders made under the Quarantine Act; and
    • that, to the best of the passenger’s knowledge, they are not prohibited from entering Canada.
  • The Interim Order also requires that air operators conduct a health check of all air passengers travelling to Canada.
  • This Interim Order is in support of the Public Health Agency of Canada’s emergency order, entitled, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) made under the Quarantine Act.
  • In addition to the requirements under the Interim Order, Transport Canada is requesting that air carriers read out the In-flight announcement, prior to landing in Canada.

4: April 6, 2020

Repealed - replaced by Order #5

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #3: March 24, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 4
  • Following changes:
    • Under section 9 Health check – air carriers: providing more flexibility on when the health check questions can be asked
      • Removed the following text from section 9 (IO#3): at the boarding gate/prior to their boarding
      • Added section 10 (5) Observations – air carrier: during the boarding process air carrier must observe whether any person boarding the flight is exhibiting any symptoms
  • Under Section 10 False Declaration: addition of a false declaration provision for passengers
    • Added section 10 (4) False declaration – obligation of person
  • Fixed some non-consequential language issues or improvements
    • For instance:
      • for Application (in IO#3 it indicated “Application - health check for all passengers to Canada”) in IO#4 it states Application – health check
      • for Health Check (in IO#3 it indicated “Health Check of All Passengers to Canada”) in IO#4 it states Health Check
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

5: April 9, 2020

Repealed - replaced by Order #6

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #4: April 6, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5
    • Applies to the private operators and air carriers operating flights to Canada, and to their passengers.
    • Include a health check for private operators and air carriers
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

6: April 17, 2020

Repealed - replaced by Order #7

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #5: April 9, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 6
    • Aviation passengers on all flights (private operator or air carrier) will be required to demonstrate they have the necessary non-medical mask or face covering during the boarding process otherwise they will not be allowed to continue on their journey.
    • Passengers must wear the face mask at all times during the flight when they are 2 m or less from another person, unless both persons are occupants of the same dwelling-house or place that serves this purpose; and
    • Passengers must comply with any instructions given by a crew member with respect to wearing a face mask.
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

7: April 30, 2020

Repealed - replaced by Order #8

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #6: April 17, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 7
    • No new changes in this order, text same as previous Order #6
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

8: May 13, 2020

Repealed - replaced by Order #9

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #7: April 30, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 8
    • No new changes in this order, text same as previous Order #7
    • Note: Interim Order No. 8 indicates repealed No. 6, however No. 6 was repealed when No. 7 came into effect. Therefore, it is a typo as it should say No. 7 that is repealed. 
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

9: May 26, 2020

Repealed - replaced by Order #10

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #8: May 13, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 9
    • No new changes in this order, text same as previous Order #8
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

10: June 4, 2020

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #9: May 26, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 10
    • Face masks not applicable to crew members for sections 15 to 20 of the order
    • 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 - every person must be in possession of a face mask prior to boarding a flight to Canada.
    • Exceptions for not wearing a face mask – person:
      • when the only other persons who are 2 m or less from the person are occupants of the person’s dwelling-house or other place that serves this purpose,
      • when a gate agent or a crew member authorizes the removal of the face mask to address the person’s special needs or unforeseen circumstances; or
      • when a gate agent authorizes the removal of the face mask to verify the person’s identity.
    • Exceptions for not wearing a face mask — flight deck
      • a Department of Transport air carrier inspector;
      • an inspector of the civil aviation authority of the state where the aircraft is registered;
      • an employee of the private operator or air carrier who is not a crew member performing their duties;
      • a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the private operator or air carrier; or
      • 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.
    • Compliance – a person must comply with any instructions given by a gate agent or a crew member with respect to wearing a face mask.
    • Prohibition — private operator or air carrier must not permit a person to board a flight to Canada that the private operator or air carrier operates if
      • the person is not in possession of a face mask; or
      • the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.
    • Wearing of face mask — crew members
      • a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight to Canada that the private operator or air carrier operates when the crew member is 2 m or less from another person.
    • Exceptions – crew member
      • when the safety of the crew member could be endangered by wearing a face mask;
      • when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or
      • when the crew member is eating, drinking or taking oral medications.
    • Exception — flight deck
      • does not apply to a crew member who is a flight crew member when they are on the flight deck.
    • Wearing of face mask — gate agents
      • a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight to Canada that the private operator or air carrier operates when the gate agent is 2 m or less from another person.
    • Exceptions — gate agents
      • when the safety of the gate agent could be endangered by wearing a face mask; or
      • when the gate agent is eating, drinking or taking oral medications.
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period. TC intends to renew the IO every 14 days for as long as necessary.

Interim Order (Domestic)

1: March 27, 2020

Repealed - replaced by Order #2

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19
    • Application for flights departing an aerodrome in Canada (private operator or air carrier with passenger seating configuration of 10 or more)
    • Notify passengers that they may be subject to a measure to prevent the spread of COVID-19 taken by the provincial or territorial government with jurisdiction at the destination aerodrome for that flight.
    • Health check before boarding and advise every passenger that they are not to provide answers that they know to be false or misleading.
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

Guidance Material - March 30, 2020

• Summary:
  • Guidance Material for Air Operators Managing Travellers during the Check-In Procedure for Flights Departing from an Aerodrome in Canada
  • The Minister of Transport has issued an Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, pursuant to sub-section 6.41 (1) of the Aeronautics Act, requiring that air operators:
    • Beginning on March 30, 2020 at 12:00 pm Eastern Daylight Time:
      • Domestic Flights: Notify passengers, before boarding the aircraft for a domestic flight, that they may be subject to a measure to prevent the spread of COVID-19 taken by provincial or territorial government with jurisdiction at the destination airport for that flight; and
      • Domestic Flights and Flights Departing Canada: Conduct a health check of every passenger before the passenger boards the aircraft and advise every passenger that they are not to provide answers that they know to be false or misleading.
    • In addition to the requirements under the Interim Order, Transport Canada is requesting that air operators read out the In-flight announcement, prior to landing in Canada.
    • In response to managing the COVID-19 outbreak, certain provincial governments are suspending services considered non-essential. Due to the numerous restrictions on the movement of Canadians and the numerous voluntary isolations in the country, it is estimated that many Canadians will end up with invalid identification as they won’t be able to renew it before it expires. Temporarily allowing, for domestic flights only, air carriers to accept government-issued identification that has expired after March 1, 2020. This temporary exemption is in effect until June 30, 2020.

2: April 9, 2020

Repealed - replaced by Order #3

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #1:  March 27, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 2
    • Expanded it to include smaller operators (aircraft with 9 or less passenger seats)
    • Health check prior to boarding (removed at the boarding gate)
    • At the time of boarding observe whether any passenger is exhibiting any symptoms
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

3: April 17, 2020

Repealed - replaced by Order #4

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #2: April 9, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 3
    • Aviation passengers on all flights will be required to demonstrate they have the necessary non-medical mask or face covering during the boarding process otherwise they will not be allowed to continue on their journey.
    • Travellers will be asked to cover their mouth and nose:
      • at Canadian airport screening checkpoints, where the screeners cannot always keep two metres of separation between themselves and the traveller;
      • when they cannot physically distance from others, or as directed by the airline employees; and
      • when directed to do so by a public health order or public health official.
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

4: April 30, 2020

Repealed - replaced by Order #5

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #3: April 17, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 4
    • No new changes in this order, text same as previous Order #3
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

5: May 13, 2020

Repealed - replaced by Order #6

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #4: April 30, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 5
    • No new changes in this order, text same as previous Order #4
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

6: May 26, 2020

Repealed - replaced by Order #7

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #5: May 13, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 6
    • No new changes in this order, text same as previous Order #5
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period.

7: June 4, 2020

• Type of Order: Interim Order
• Act: Aeronautics Act
• Department: Transport Canada
• Summary:
  • Repeal #6: May 26, 2020
  • Interim Order to Prevent Certain Persons from Boarding Flights in Canada due to COVID-19, No. 7
    • Obligation to possess face mask - Every person must be in possession of a face mask prior to boarding an aircraft for a flight from an aerodrome in Canada.
    • Exceptions for wearing of face mask — person
      • when the only other persons who are 2 m or less from the person are occupants of the person’s dwelling-house or other place that serves this purpose; or
      • when a gate agent authorizes the removal of the face mask to verify the person’s identity.
    • Exceptions for wearing of face mask — flight deck
      • a Department of Transport air carrier inspector;
      • an inspector of the civil aviation authority of the state where the aircraft is registered;
      • an employee of the operator who is not a crew member performing their duties;
      • a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the operator; or
      • 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 operator.
    • Compliance — person must comply with any instructions given by a crew member or a gate agent with respect to wearing a face mask.
    • Prohibition — private operator or air carrier must not permit a person to board a flight to Canada that the private operator or air carrier operates if
      • the person is not in possession of a face mask; or
      • the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a face mask.
    • Wearing of face mask — crew members
      • a private operator or air carrier must require a crew member to wear a face mask at all times during the boarding process and during a flight to Canada that the private operator or air carrier operates when the crew member is 2 m or less from another person.
    • Exceptions – crew member
      • when the safety of the crew member could be endangered by wearing a face mask;
      • when the wearing of a face mask by the crew member could interfere with operational requirements or the safety of the flight; or
      • when the crew member is eating, drinking or taking oral medications.
    • Exception — flight deck
      • does not apply to a crew member who is a flight crew member when they are on the flight deck.
    • Wearing of face mask — gate agents
      • a private operator or air carrier must require a gate agent to wear a face mask during the boarding process for a flight to Canada that the private operator or air carrier operates when the gate agent is 2 m or less from another person.
    • Exceptions — gate agents
      • when the safety of the gate agent could be endangered by wearing a face mask; or
      • when the gate agent is eating, drinking or taking oral medications.
    • Screening Authority - Requirement to wear — person
      • A person who is the subject of screening must wear a face mask at all times during screening.
    • Screening Authority - Requirement to wear — screening officer
      • A screening officer must wear a face mask at a screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is 2 m or less from the person being screened.
• Expiry (if applicable): Interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect fourteen days after it is made unless it is approved by the Governor in Council within that fourteen day period. TC intends to renew the IO every 14 days for as long as necessary.