Air travel COVID-19: masks and testing

Summary#

The federal government issued the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 41 (made under the Aeronautics Act) on October 6, 2021 and published it on October 16, 2021. It requires airlines and private flight operators to check passengers for COVID-19 symptoms, to require proof of certain molecular tests for international arrivals to Canada, and to enforce face‑mask rules on planes and at screening checkpoints; it also sets monetary penalties for many kinds of non‑compliance.

What it does#

• Requires every person boarding a flight within Canada or to Canada to be told they may face federal or local COVID‑19 measures, and to confirm they understand those measures.
• Bans boarding for a competent adult who refuses to give that confirmation.
• Prohibits a private operator or air carrier from allowing most foreign nationals to board flights to Canada unless they are specifically permitted under an order under the Quarantine Act.
• Requires simple health checks before boarding (questions about fever, cough, breathing difficulty) and allows refusal of boarding if people show certain symptom combinations.
• For flights to Canada, requires each passenger to show proof of a COVID-19 molecular test result that is either:
  • a negative test done within 72 hours before the flight’s initial scheduled departure time, or
  • a positive test taken at least 14 days and no more than 180 days before departure.
• Tests performed in India or Morocco are not accepted for this purpose (they are listed in Schedule 1).
• Sets rules about what test evidence must show (name, date of birth, lab name/address, specimen date and method, and the result), and requires carriers to tell the government if they suspect fake test documents.
• Makes face masks mandatory:
  • Passengers must have a face mask before boarding and generally wear it during boarding, the flight, and until they exit the aircraft into the terminal.
  • Children under 2, some young children, crew in some situations, people with a medical certificate, and a few other limited groups are exempt.
  • Gate agents, screening officers and crew must generally wear masks while working, with listed exceptions.
• Screening checkpoints must require masks during screening; officers can ask passengers to remove masks briefly for identity checks or screening.
• Carriers and operators must keep records of in‑flight mask refusals and other incidents and notify the Minister; certain records must be kept for at least 12 months.
• Designates many of the order’s provisions as enforceable with administrative monetary penalties — up to $5,000 for individuals and up to $25,000 for corporations for specified contraventions.
• Repeals the previous Interim Order No. 40 (made September 23, 2021).

Who's affected#

• Air carriers and private operators who operate commercial flights or flights to Canada.
• Passengers on flights within Canada and on flights to Canada — including domestic travellers, returning residents, and international travellers.
• Foreign nationals trying to board flights to Canada (subject to the Quarantine Act exceptions).
• Crew members, gate agents, and screening staff who must follow mask and health‑check rules.
• Laboratories and travellers who must provide test reports that meet the order’s specific content and timing requirements.
• The federal government (the Minister of Health and transport officials) who receive reports and manage enforcement.

Why it matters#

• The order makes testing and mask rules part of the conditions for boarding flights to protect public health and reduce COVID‑19 spread on air travel.
• Travellers without the right test result or who refuse health checks or mask rules can be denied boarding, fined, or banned from flying for 14 days in some cases.
• Tests from India and Morocco are specifically excluded for the purpose of the accepted pre‑departure molecular test, which could affect travellers from those countries.
• Airlines and private operators must collect and keep records and may face fines up to $5,000 (individual) or $25,000 (corporation) for many breaches, so this affects how carriers screen, document and enforce rules at check‑in and on board.