Aviation COVID-19 Interim Order No. 40

Summary#

The Department of Transport issued the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 40 on September 23, 2021. It sets rules for airlines, private flight operators, screening authorities and passengers on flights to, from, or within Canada — covering tests, masks, health checks, boarding bans and penalties.

What it does#

• Requires airlines and private operators to tell passengers before boarding that federal or provincial COVID-19 measures may apply, and that they may need to provide quarantine plans, vaccination information or test results under the Quarantine Act.
• Sets health screening questions for passengers about fever, cough and breathing difficulties. People with both a fever and cough (or fever and breathing difficulties) can be denied boarding. A person denied boarding for medical reasons generally cannot board another flight for 14 days unless they provide a medical certificate.
• For flights to Canada, passengers must show proof of a COVID-19 molecular test result that is either:
  • a negative test on a specimen collected no more than 72 hours before the initial scheduled departure time, or
  • a positive test taken at least 14 days and no more than 180 days before the initial scheduled departure time.
  • Tests done in countries listed in Schedule 1 (currently India and Morocco) are not acceptable under the order.
  • Test evidence must show the passenger’s name and date of birth, the laboratory name and address, specimen date and test method, and the result.
• Requires passengers aged 6 and over to have and wear a face mask during boarding, during the flight, and when the aircraft doors are open until they enter the terminal. Children aged 2–5 must have a mask available and wear it if able. There are exceptions (very young children, certain medical certificates, safety reasons, eating/drinking, or identification checks).
• Requires gate agents, screening officers and most crew to wear face masks, with specific exceptions and where physical barriers exist.
• Screening authorities must require masks at passenger and non-passenger screening checkpoints; screening officers must wear masks when within two metres of a person being screened.
• If a passenger refuses a mask during a flight, the carrier must record the incident details and keep the record for 12 months, and inform the Minister.
• Bans foreign nationals from boarding flights to Canada unless they are permitted to enter under a Quarantine Act order.
• Designates many of these provisions as enforceable with penalty notices. The schedules list maximum penalties (see “Who’s affected” for amounts).
• Repeals the previous Interim Order No. 39 (made September 10, 2021).

Who's affected#

• Travellers on flights to Canada from other countries and travellers on flights within Canada.
• Private operators and commercial air carriers (airlines).
• Airline staff: gate agents, crew members, and screening authorities (including CATSA-designated screening locations — the Canadian Air Transport Security Authority is referenced in the order).
• People who had COVID-19 tests done in the countries listed in Schedule 1 (India, Morocco) — those tests are excluded by the order.
• Corporations and individuals who fail to follow the designated requirements may face monetary penalties.

Penalties listed include maximum fines of up to $5,000 for individuals and up to $25,000 for corporations for many contraventions. Some specific provisions carry maximums of $25,000 (see the order’s Schedule 2 for details).

Why it matters#

• If you fly to Canada you will likely be asked for test results or vaccination/quarantine information and must follow mask and health-check rules before and during the flight.
• Tests older than 72 hours, tests from excluded countries (currently India and Morocco), or incomplete test documents can lead to denied boarding.
• Refusing mask or health-check rules can result in being denied boarding, a 14-day no-fly period without medical proof, and possible fines.
• The order gives airlines legal backing to refuse boarding and to collect information about refusals. It also creates clearer rules about what counts as acceptable test proof and when masks must be worn.