Interim COVID-19 Aviation Order No. 21

Summary#

This Canada Gazette notice (published February 27, 2021) brings together several government actions and notices. The biggest item is the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 21, which adds a range of health checks, testing and mask rules for flights and airport areas; the Gazette also records chemical list amendments, filings under the Hazardous Materials Information Review Act (HMIRA), an exemption for The Toronto‑Dominion Bank, and a notice about Governor‑in‑Council appointment opportunities.

What it does#

• Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 21 (Transport)
  • Requires airlines and private operators to notify and get confirmations from passengers about possible COVID‑19 measures and entry restrictions.
  • Bars boarding for people who refuse required confirmations or health checks.
  • Requires a COVID‑19 molecular test result before boarding flights to Canada: either a negative taken no more than 72 hours before scheduled departure, or a positive taken between 14 days and 90 days before departure; documentation must include name, lab, collection date, method and result.
  • Requires health questions and temperature screening (with a second screen after a 10‑minute rest if elevated). An elevated temperature or certain symptoms can lead to being denied boarding and barred from flying or accessing restricted airport areas for 14 days unless a medical certificate says symptoms are not COVID‑related.
  • Makes wearing a face mask mandatory in airports and on flights for most people aged 6 and over, with limited exceptions and specific rules for gate agents, crew and screening officers.
  • Sets record‑keeping and training requirements for carriers, screening authorities and aerodrome operators.
  • Lists designated aerodromes (major airports) where parts of the order apply.
  • Identifies many specific contraventions that can be handled under an administrative penalty process with maximum fines listed at $5,000 (individual) and $25,000 (corporation) for many offences.
• Environment notices
  • The Order 2021‑66‑03‑02 Amending the Non‑domestic Substances List adds the substance with CAS number 1613243‑56‑3 to Part I of the Non‑domestic Substances List.
  • The Order 2021‑87‑03‑02 Amending the Non‑domestic Substances List removes CAS number 34354‑45‑5 from Part I (linked to a related Domestic Substances List order).
• Health — HMIRA filings
  • Health Canada published a list of supplier and employer claims under the Hazardous Materials Information Review Act (HMIRA) seeking to protect chemical identities or concentrations as confidential business information for specific products (table of claimants and products included).
• Finance — TD Bank exemption
  • The Office of the Superintendent of Financial Institutions granted The Toronto‑Dominion Bank an exemption so it can send shareholders a notice and a link to the management proxy circular instead of mailing the full prescribed circular for the 2021 meeting (exemption granted January 18, 2021).
• Privy Council
  • A call for applications for a long list of Governor‑in‑Council appointment opportunities across many boards and agencies.

Who's affected#

• Air travellers on flights within Canada or into Canada, especially those flying to Canada from abroad.
• Air carriers and private operators (airlines and charter operators) who must carry out checks, notifications, testing verification, temperature screening and record keeping.
• Aerodrome operators, screening authorities and staff (including CATSA-related screening officers and gate agents).
• Foreign nationals seeking to board flights to Canada (the order includes a prohibition on permitting some foreign nationals to board, except where entry is authorized under Quarantine Act orders).
• Passengers with symptoms or elevated temperature who may be denied boarding and barred for 14 days without a medical certificate.
• Companies and workers involved in supplying or handling hazardous products listed in the HMIRA table (suppliers, employers named in the filings).
• The Toronto‑Dominion Bank shareholders, who may receive an accessible notice instead of a mailed circular.
• People interested in federal board and agency appointments.

If any part of who is affected is unclear from the notice (for example, detailed operational responsibilities at smaller airports), the Gazette text does not fully specify them.

Why it matters#

• For travellers: you may now need a valid COVID‑19 molecular test result (timing and format specified), must wear a mask during boarding and flight, and can be refused travel or access to secure airport areas for health reasons or refusal to comply. That can disrupt travel plans and require extra preparation (testing, documentation).
• For airlines and airports: they must run more checks, keep specific records, train staff, manage denied‑boarding and baggage return processes, and face possible administrative penalties up to $25,000 for corporations for many breaches.
• For workers and employers: the HMIRA listings mean certain chemical identities or concentrations can remain confidential on safety data sheets or labels, which affects what workplace safety information is public versus protected as business information.
• For investors/shareholders: the TD Bank exemption changes how proxy meeting materials are delivered for 2021, which matters if you rely on receiving printed materials.
• For the public: the interim aviation order shows how the federal government set specific operational rules during the COVID‑19 pandemic to reduce infection risk in air travel.