Canada Gazette, Part I, Volume 155, Number 14: ORDERS IN COUNCIL
April 3, 2021
2021-04-03

Canada Gazette, Part I, Volume 155, Number 14: ORDERS IN COUNCIL

April 3, 2021

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

P.C. 2021-173 March 19, 2021

Whereas the Administrator in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;

Whereas the Administrator in Council is of the opinion that the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

Whereas the Administrator in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of the disease or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;

And whereas the Administrator in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of the disease are available;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)

Definitions

1 The following definitions apply in this Order.

common-law partner
has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
dependent child
has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
extended family member,
in respect of a person, means
  • (a) an individual who is 18 years of age or older and is in an exclusive dating relationship with the person — who is also 18 years of age or older — and who has been in such a relationship for at least one year and has spent time in the physical presence of the person during the course of the relationship;
  • (b) a dependent child of the individual referred to in paragraph (a);
  • (c) a child of the person or of the person's spouse, common-law partner or the individual referred to in paragraph (a) other than a dependent child;
  • (d) a dependent child of the child referred to in paragraph (c);
  • (e) a sibling, half-sibling or step-sibling of the person or of the person's spouse or common-law partner; or
  • (f) a grandparent of the person or of the person's spouse or common-law partner. (membre de la famille élargie)
foreign national
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
immediate family member,
in respect of a person, means
  • (a) the spouse or common-law partner of the person;
  • (b) a dependent child of the person or of the person's spouse or common-law partner;
  • (c) a dependent child of the dependent child referred to in paragraph (b);
  • (d) the parent or step-parent of the person or of the person's spouse or common-law partner; or
  • (e) the guardian or tutor of the person. (membre de la famille immédiate)
international single sport event
means an event that is governed by the sport's International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for that sport. (événement unisport international)
permanent resident
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)
protected person
means a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
study permit
has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (permis d'études)
temporary resident
means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

Prohibition — signs and symptoms

2 (1) A foreign national is prohibited from entering Canada from the United States if they have reasonable grounds to suspect they have COVID-19, if they have signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing, or if they know they have COVID-19.

Non-application — certain persons

(2) Subsection (1) does not apply to persons referred to in subsection 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.

Prohibition — COVID-19 molecular test

2.1 A foreign national five years of age or older is prohibited from entering Canada from the United States if they do not comply with the applicable requirement, under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act, to provide, before or when entering Canada, evidence that they received a COVID-19 molecular test result before entering Canada.

Prohibition — optional or discretionary purpose

3 (1) 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.

Non-application — immediate family member

(2) Subsection (1) does not apply to a foreign national who is an immediate family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.

Non-application — extended family member

(3) Subsection (1) does not apply to a foreign national who is an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national

  • (a) intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days;
  • (b) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed by the Canadian citizen, permanent resident or person registered as an Indian; and
  • (c) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada for the purpose referred to in paragraph (a).

Prohibition — extended family member

3.1 A foreign national who is an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act and who intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian is prohibited from entering Canada from the United States unless the foreign national

  • (a) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed by the Canadian citizen, permanent resident or person registered as an Indian; and
  • (b) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada for that purpose.

Prohibition — other orders

4 (1) A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry or the length of their stay, they cannot comply with the applicable requirement to quarantine under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act.

Non-application — certain persons

(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.

Prohibition — claim for refugee protection

5 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person

  • (a) seeks to enter Canada at a land port of entry designated by the Minister of Public Safety and Emergency Preparedness under section 26 of the Immigration and Refugee Protection Regulations and
    • (i) is a claimant referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations, or
    • (ii) is a citizen of the United States; or
  • (b) is a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration, is in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.

Non-application — certain persons

(2) Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in paragraph 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:

  • (a) a citizen of the United States;
  • (b) a stateless habitual resident of the United States; or
  • (c) a person who
    • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian within the meaning of the Immigration and Refugee Protection Regulations,
    • (ii) has neither a spouse nor a common-law partner within the meaning of those Regulations, and
    • (iii) has neither a mother or father nor a legal guardian within the meaning of those Regulations in the United States.

Prohibition — international students

5.1 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of attending an institution other than a listed institution.

Prohibition — listed institution

(1.1) A foreign national is prohibited from entering Canada from the United States for the purpose of attending a listed institution unless they are

  • (a) a person who holds a valid study permit;
  • (b) a person who may apply for a study permit when entering Canada under section 214 of the Immigration and Refugee Protection Regulations; or
  • (c) a person whose application for a study permit was approved under the Immigration and Refugee Protection Act and who received written notice of the approval but who has not yet been issued the permit.

Listed institution

(2) For the purposes of subsections (1) and (1.1), a listed institution is an institution that is

  • (a) determined, by the government of the province in which the institution is located, to have appropriate measures in place to ensure that the students who attend the institution can meet applicable obligations under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act; and
  • (b) included in a list that is published by the Department of Citizenship and Immigration on its website, as amended from time to time, for the purposes of this Order.

Non-application — compassionate grounds

5.2 Subsection 3(1), section 3.1 and subsection 4(1) do not apply to a foreign national if

  • (a) the Minister of Health determines that the foreign national intends to enter Canada in order to engage in one of the following activities:
    • (i) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident or protected person, or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner,
    • (ii) to provide care for a Canadian citizen, permanent resident, temporary resident or protected person, or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support, or
    • (iii) to attend a funeral or end-of-life ceremony,
  • (b) in the case where a foreign national is, based on the purpose of entry and the length of their stay, unable to comply with the applicable requirement to quarantine under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act, the Minister of Health
    • (i) has not received written notice from the government of the province where the activity referred to in paragraph (a) will take place indicating that that government opposes the non-application of subsections 3(1) and 4(1) to persons who engage in the activity referred to in paragraph (a) in that province and who are unable to comply with the applicable requirement to quarantine under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act, and
    • (ii) if the foreign national intends to engage in the activity referred to in paragraph (a) in a location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the foreign national at that location in order to engage in that activity; or
  • (c) the foreign national has obtained a limited release from quarantine on compassionate grounds under an order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act in order to engage in the activity referred to in paragraph (a).

Non-application — sports

5.3 (1) Subsection 3(1) does not apply to a foreign national who is authorized by a letter issued under subsection (2) to enter Canada as a high-performance athlete taking part in or a person engaging in an essential role in relation to an international single sport event, if the athlete or the person is affiliated with a national organization responsible for that sport.

Letter of authorization

(2) The Deputy Minister of Canadian Heritage may, if he or she considers it appropriate, issue a letter of authorization to enter Canada after receiving, from the individual or entity in charge of an international single sport event,

  • (a) the names and contact information of all persons referred to in subsection (1); and
  • (b) a letter of support for the entry into Canada of all persons referred to in subsection (1) from the government of the province where the international single sport event will take place and from the local public health authority.

Cancellation or withdrawal of support

(3) Despite subsection (1), a foreign national is prohibited from entering Canada from the United States to take part in an international single sport event if the Deputy Minister of Canadian Heritage withdraws the letter of authorization for one of the following reasons:

  • (a) the event is cancelled by the individual or entity in charge of the event; or
  • (b) the local public health authority or the government of the province withdraws the letter of support referred to in paragraph (2)(b).

Non-application — order

6 This Order does not apply to

  • (a) a person registered as an Indian under the Indian Act;
  • (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health;
  • (c) a protected person; or
  • (d) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and
    • (i) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law, or
    • (ii) in the case of an aircraft, the conveyance did not land while in Canada.

Powers and obligations

7 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.

Repeal

8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)footnote 1 is repealed.

Effective period

9 This Order has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Daylight Time on April 21, 2021.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States), is made pursuant to section 58 of the Quarantine Act.

The Order repeals and replaces Order in Council P.C. 2021-76 of the same name, which came into force on February 14, 2021.

The new Order complements any Order made under the Quarantine Act imposing testing, isolation or quarantine requirements upon entry into Canada.

This Order will be in effect from 11:59:59 p.m., Eastern daylight time, on the date it is made until 11:59:59 p.m., Eastern daylight time, April 21, 2021.

Objective

This Order maintains Canada's focus on reducing the introduction and spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order continues to prohibit entry into Canada of foreign nationals arriving from the United States for an optional or discretionary purpose, with some limited exceptions. Even those who are exempted from the prohibition may not enter if they have COVID-19, or if they exhibit signs and symptoms of COVID-19.

The Order also continues to prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), subject to some exceptions.

Background

COVID-19

COVID-19 is caused by a novel coronavirus, capable of causing severe illness, named the Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). It is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV).

COVID-19 was first detected in Wuhan, China, in December of 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been developing over the past several months but continues to be based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, under some circumstances, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. The droplets vary in size from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, which linger in the air under some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. As case numbers continue to rise throughout Canada, there is concern for the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus. The introduction of the new variants of the virus causing COVID-19, which are suspected of being more transmissible, may further worsen the negative health impacts of COVID-19.

Testing capabilities have advanced significantly over the past several months. Over 197 countries and territories require a negative pre-travel COVID-19 test or medical certificate as a condition of entry into their jurisdictions. The United States, for instance, currently requires that all travellers to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding an aircraft. The United States is also actively exploring additional measures to be implemented at the land borders. COVID-19 molecular testing such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection, and they are also able to detect most symptomatic and asymptomatic infections. An antigen test is more likely to miss a COVID-19 infection compared to a molecular test, such as a PCR test. Therefore, molecular tests are more accurate for use in pre-departure screening.

Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals should not be considered a new infection posing risk, but rather as a person who has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of prior infection from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time allows for the time needed to become non-infectious and thus prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.

The Government of Canada has been working with provincial governments and industry stakeholders to gather data on testing travellers entering Canada at select airport and border crossings through pilot programs. These pilot programs have demonstrated that the frequency of people coming into Canada with COVID-19 is approximately 1 – 2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. The pilot programs have also demonstrated that approximately 68.5% of positive cases show positive upon arrival and could be found by pre-departure screening prior to entering Canada. An additional 25.8% positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. This affirms the need for ongoing vigilance in travellers testing negative upon entry into Canada and the importance of enhanced surveillance and enforcement during the quarantine period.

Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. Assuming the continued supply of safe and effective vaccines, it is expected that there will be enough vaccines to immunize all Canadians for whom vaccines are approved and recommended. The Government of Canada anticipates that this will be achievable by September 2021. While knowledge on the duration of the protection offered by COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19 to other individuals is still in its infancy, it is recognized that this is rapidly evolving. Emerging evidence-based scientific data and experience will help inform future Government of Canada action in this area.

The National Advisory Committee on Immunization currently recommends that all individuals should continue to practise recommended public health measures for prevention and control of COVID-19 regardless of COVID-19 vaccination at this time. Recent studies have indicated some preliminary evidence that vaccination may reduce transmission. Iceland recently became the first country in Europe to issue and recognize COVID-19 vaccination certificates, eliminating the need for quarantine in that country. However, many countries including the United Kingdom and the United States are not yet accepting vaccination certification as providing equivalent protection to a testing and quarantine regime.

COVID-19 situation

As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. From February of 2019 to February of 2021, Canada has seen an 84.4% decrease in the number of travellers arriving from the United States, and a 91.2% decrease among international travellers arriving from other countries for the same period. However, the reported rate of imported cases per 100 000 arriving travellers has increased steadily since September 2020, with a higher rate in January 2021 compared to any other month during the pandemic. This has since decreased over the month of February 2021 but still remains a concern.

At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19 and new variants of concern. Canada continues to have a Level 3 travel health notice for all countries, including the United States, advising Canadians to avoid non-essential travel outside Canada. The global number of cases of COVID-19 is continuing to rise, with ongoing increases in Latin America, Europe, Asia, and the Middle East. As of March 8, 2021, there were 28 659 480 detected cases in the United States, 11 229 398 detected cases in India, and 10 938 836 detected cases in Brazil. For the week of March 8, 2021, an average of 2 967 cases were reported in Canada daily, a 1.7% increase in the average daily cases from the week of March 3, 2021. As a result, some provinces and territories are continuing lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes. As of March 9, 2021, Canada's case count stood at 893 518 with 30 179 considered active cases. In January and February 2021, of the travel-related cases identified in Canada for which a country of origin is identified, 34% and 27%, respectively, of the cases were attributed to travellers arriving from the United States. This excluded cases where country of travel was not reported, which is between 13 and 20%. Weekly data from the WHO as of March 7, 2021, shows the United States reporting the highest number of confirmed cases and deaths of all reporting countries, with 12 315 new deaths and 427 597 new cases.

In many countries, the second wave exceeded previous peaks, and there is growing concern that the spread of more contagious variants of concern may lead to a third wave. The number of countries reporting variants of concern continues to increase. At this time, travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and increases the potential for onward community transmission of COVID-19. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as increased testing efforts, contact tracing and isolation of confirmed cases.

The progress we have achieved together could be rapidly reversed given that the new variants of concern have been introduced into Canada and community transmission of these variants of concern is now occurring. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa and Brazil, have now been identified in many countries around the globe, including a small number of cases in Canada and the United States. As of March 9, the B.1.1.7 variant is reported in 111 countries, the B.1.351 variant is reported in 58 countries and the P.1 variant is reported in 32 countries, across all six WHO regions. As of March 11, 2021, the United States has reported 3 701 cases of the B.1.1.7 variant first identified in the United Kingdom, 108 cases of the B.1.351 variant first identified in South Africa and 17 cases of the P.1 variant first identified in Brazil. In Canada as of March 10, 2021, there have been 2 986 cases associated with these variants reported publicly and the majority of the cases in the provinces have been the B.1.1.7 variant. This variant of concern appears to have higher transmissibility and there is also early evidence of higher risk of hospitalization and death from B.1.1.7 infection. In the province of Ontario, variants of concern now comprise over 40% of all COVID-19 cases. The most recent P.1 variant is now identified in the provinces of Ontario, British Columbia and Quebec.

The heightened risk posed by the accelerated spread of these variants, combined with less stringent public health measures place some jurisdictions at a likelihood of increased COVID-19 transmission. Consequently, there remains significant potential for a resurgence of travel-related cases in Canada if the border restrictions between the United States and Canada were to be broadly lifted at this time.

While domestically the situation is improving, Canada's average COVID-19 daily case count remains high at almost double the peak of the first wave. Nationally, the daily incidence rate as of March 3, 2021, remains 1.7 times what was observed during the spring peak on April 26, 2020. The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country's COVID-19 risk. As of March 9, 2021, Canada's case count stood at 893 518 with 30 179 considered active cases. Since the peak of reported imported case rate in January 2021, the rate has steadily decreased following implementation of new border measures. This drop is influenced by the progressive implementation of more stringent border measures throughout January as well as changes in both global transmission risk and non-essential travel volumes. Marked decreases in the volume of travellers arriving by air were seen in the week following introduction of post-arrival testing coupled with stays in a government-authorized hotel while awaiting results. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies to further prevent the introduction and spread of COVID-19 or new variants of concern in Canada is justifiable.

Government of Canada response to COVID-19 pandemic

The Government of Canada's top priority is the health and safety of Canadians. To limit the introduction and spread of COVID-19 in Canada, the Government of Canada has taken unprecedented action to implement a comprehensive strategy with layers of precautionary measures. Measures include the establishment of a more than $1 billion COVID-19 Response Fund, restrictions on entry into Canada for optional or discretionary travel, restrictions on cruise ship travel in Canada, and mandatory quarantine and isolation measures to prevent the further spread of the virus.

Between February 3, 2020, and February 14, 2021, the Governor in Council has made 45 emergency orders under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada. These emergency orders reduce risks from other countries, facilitate repatriation of Canadians, and strengthen measures at the border to reduce the impact of COVID-19 in Canada. Together, these measures have been effective. Canada has seen an 84.4% decrease in the number of travellers arriving from the United States, from February of 2019 to February of 2021.

Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government of Canada recognizes that entry prohibitions, mandatory quarantine requirements, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, together, these measures remain the most effective means of limiting the introduction of new cases of COVID-19 and the variants of concern into Canada. With the advent of new, more transmissible variants of the virus, the Government of Canada continues to take a precautionary approach by largely maintaining the current border restrictions at this time, in an effort to preserve domestic health capacity in Canada and reduce the further introduction and transmission of COVID-19 and new variants of concern in the country.

Implications

Key impacts for travellers

By limiting the number of incoming foreign nationals, Canada has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.

This Order will continue to generally prohibit foreign nationals from entering Canada from the United States, unless they are entering for non-optional or non- discretionary purposes or other specified permitted purposes. Foreign nationals travelling for any purpose will continue to be denied entry into Canada if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.

The Order also continues prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the complementary Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), with limited exceptions.

The Government of Canada recognizes that the ongoing general restrictions on entry into Canada has significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both.

Consultation

The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; and Global Affairs Canada, given linkages to departmental mandates and other statutory instruments.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.ca

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)

P.C. 2021-174 March 19, 2021

Whereas the Administrator in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;

Whereas the Administrator in Council is of the opinion that the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

Whereas the Administrator in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of the disease or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;

And whereas the Administrator in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of the disease are available;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations).

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)

PART 1

General

Definitions

1.1 The following definitions apply in this Order.

accredited person
means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
Canadian Forces
means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
Chief Public Health Officer
means the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act. (administrateur en chef)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
crew member
means
  • (a) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who enters Canada only to become such a crew member;
  • (b) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who enters Canada only to become such a member of a crew; or
  • (c) a person who is re-entering Canada after having left to participate in mandatory training in relation to the operation of a conveyance and who is required by their employer to return to work as a crew member on a conveyance within the 14-day period that begins on the day on which they return to Canada. (membre d'équipage)
dependent child
has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
evidence of a COVID-19 molecular test
means evidence of a COVID-19 molecular test that contains the following elements:
  • (a) the name and date of birth of the person whose specimen was collected for the test;
  • (b) the name and civic address of the laboratory that administered the test;
  • (c) the date the specimen was collected and the test method used; and
  • (d) the test result. (preuve d'essai moléculaire relatif à la COVID-19)
government-authorized accommodation
means an accommodation that is authorized by
  • (a) the Public Health Agency of Canada, Canadian Forces, Department of Citizenship and Immigration, Department of Employment and Social Development or Department of Agriculture and Agri-Food, or
  • (b) the government of a province with agreement from the Government of Canada. (lieu d'hébergement autorisé par le gouvernement)
international single sport event
means an event that is governed by a sport's International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process, and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for the sport. (événement unisport international)
isolation
means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who have signs and symptoms of COVID-19 or who know that they have COVID-19, in such a manner as to prevent the spread of the disease. (isolement)
mask
means any mask, including a non-medical mask, that meets all of the following requirements:
  • (a) it is made of multiple layers of tightly woven materials such as cotton or linen;
  • (b) it completely covers a person's nose, mouth and chin without gaping;
  • (c) it can be secured to a person's head with ties or ear loops. (masque)
permanent resident
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)
protected person
has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
quarantine
means the separation of persons in such a manner as to prevent the possible spread of disease. (quarantaine)
quarantine facility
means a place that is designated under section 7 of the Quarantine Act or that is deemed to be designated under subsection 8(2) of that Act, and that is chosen by the Chief Public Health Officer. (installation de quarantaine)
signs and symptoms of COVID-19
include a fever and a cough or a fever and difficulty breathing. (signes et symptômes de la COVID-19)
temporary resident
has the meaning assigned by the Immigration and Refugee Protection Act. (résident temporaire)
vulnerable person
means a person who
  • (a) has an underlying medical condition that makes the person susceptible to complications related to COVID-19;
  • (b) has a compromised immune system from a medical condition or treatment; or
  • (c) is 65 years of age or older. (personne vulnérable)

Non-application

1.2 This Order does not apply to a person who entered Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and

  • (a) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law; or
  • (b) in the case of an aircraft, the conveyance did not land while in Canada.

PART 2

Test Requirements

Entering by land — pre-arrival

2.1 (1) Subject to subsection (2), every person must, when entering Canada by land, provide to the Minister of Health, screening officer or quarantine officer, as the case may be, evidence of a COVID-19 molecular test indicating that they received either a negative result for a COVID-19 molecular test that was performed in the United States on a specimen collected no more than 72 hours before entering Canada or a positive result for the test that was performed either in or outside of the United States on a specimen collected at least 14 days and no more than 90 days before entering Canada.

Non-application

(2) Subsection (1) does not apply to a person referred to in Table 1 of Schedule 1.

Entering by aircraft — pre-boarding

2.2 (1) Subject to subsection (2), every person who enters Canada by aircraft must, before boarding the aircraft for the flight to Canada, provide to the aircraft operator evidence of a COVID-19 molecular test indicating that they received either a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours or another period set out under the Aeronautics Act before the aircraft's initial scheduled departure time, or a positive result for the test that was performed on a specimen collected at least 14 days and no more than 90 days before the aircraft's initial scheduled departure time.

Non-application

(2) Subsection (1) does not apply to a person referred to in Table 2 of Schedule 1.

Tests in Canada

2.3 (1) Every person who enters Canada by land or aircraft must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test

  • (a) when entering Canada; and
  • (b) after entering Canada.

Non-application

(2) Subsection (1) does not apply to a person referred to in Table 2 of Schedule 2.

Exigent circumstances

(3) Paragraph (1)(a) or (b) does not apply to a person who, in exigent circumstances, is released by a quarantine officer from the requirement to undergo the COVID-19 molecular test referred to in paragraph (1)(a) or (b), as the case may be, in which case the person must follow the instructions of the quarantine officer.

Expense

(4) For greater certainty, a person referred to in subsection (1) must comply with the conditions established under that paragraph at their own expense or at the expense of another person on behalf of that person unless the COVID-19 molecular tests are provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or Her Majesty in right of a province.

Alternative testing protocol

2.4 (1) The persons referred to in subsection (2) who enter Canada by land or aircraft must, in accordance with the instructions of a quarantine officer, undergo an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19, having regard to the following factors:

  • (a) the number of tests;
  • (b) the test method of each test;
  • (c) the location where each test is administered;
  • (d) the frequency of the tests;
  • (e) the timing of the tests; and
  • (f) any exigent circumstances.

Persons subject to subsection (1)

(2) The persons subject to subsection (1) are

  • (a) a person or any member of a class of persons designated by the Chief Public Health Officer;
  • (b) a person who is less than 18 years of age and is not accompanied by a person who is 18 years of age or older; and
  • (c) a person referred to in subsection 4.5(1).

Exigent circumstances

(3) Subsection (1) does not apply to a person who, in exigent circumstances, is released by a quarantine officer from the requirement to undergo the alternative testing protocol, in which case the person must follow the instructions of the quarantine officer.

Non-application — positive result

(4) This section does not apply to a person who receives evidence of a positive result under any type of COVID-19 test.

Evidence of COVID-19 molecular test — retention period

2.5 (1) Every person who enters Canada must

  • (a) during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.9(1), retain the evidence referred to in subsections 2.1(1) or 2.2(1) and the evidence of the COVID-19 molecular test result for the tests referred to in paragraph 2.3(1)(a);
  • (b) retain the evidence of the COVID-19 molecular test result for the test referred to in paragraph 2.3(1)(b) or the result of the alternative testing protocol referred to in subsection 2.4(1) during the 14-day period that begins on the day on which the person receives the evidence of the test result; and
  • (c) provide, on request, the evidence referred to in subsection 2.1(1) or 2.2(1) and the evidence of the COVID-19 molecular test result for the tests referred to in paragraph 2.3(1)(a) and (b) to any official of the Government of Canada or of the government of a province or to the local public health authority of the place where the person is located.

Designation

(2) The Chief Public Health Officer may designate any person as a public health official for the purposes of paragraph (1)(c).

PART 3

Quarantine Plan and Other Measures

Suitable quarantine plan

3.1 A suitable quarantine plan must

  • (a) include
    • (i) in the case of a person entering Canada by a mode of transport other than aircraft, the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which they enter Canada,
    • (ii) in the case of a person entering Canada by aircraft,
      • (A) the name and civic address of the government-authorized accommodation where they plan to quarantine themselves during the period that begins on the day on which they enter Canada and to remain in quarantine until the day on which they receive the result for the COVID-19 molecular test referred to in paragraph 2.3(1)(a), and
      • (B) the civic address of the place where they plan to quarantine themselves during the period that begins on the day on which they receive evidence of a negative result for the COVID-19 molecular test referred to in paragraph 2.3(1)(a) and remain in quarantine for the remainder of the 14-day period that begins on the day on which they enter Canada, and
    • (iii) their contact information for the 14-day period that begins on the day on which they enter Canada;
  • (b) indicate that the place referred to in subparagraph (a)(i) or clause (a)(ii)(B), as the case may be, allows them to avoid all contact with other people with whom they did not travel unless they are a minor, in which case the minor can have contact with other people who are providing care and support to the minor and who reside with the minor during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.9(1);
  • (c) indicate that no person will be present at the place referred to in subparagraph (a)(i) or clause (a)(ii)(B), as the case may be, unless that person resides there habitually;
  • (d) indicate that the person has access to a bedroom at the place referred to in subparagraph  (a)(i) or clause (a)(ii)(B), as the case may be, that is separate from the one used by persons who did not travel with and enter Canada with that person;
  • (e) indicate that the place referred to in subparagraph (a)(i) or clause (a)(ii)(B), as the case may be, allows the person to access the necessities of life without leaving that place;
  • (f) indicate that the place referred to in subparagraph (a)(i) or clause (a)(ii)(B), as the case may be, allows the person to avoid all contact with vulnerable persons and persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent or dependent child in a parent-child relationship; and
  • (g) indicate that the place referred to in subparagraph (a)(i) or clause (a)(ii)(B), as the case may be, allows the person to avoid all contact with health care providers and persons who work or assist in a facility, home or workplace where vulnerable persons are present.

Quarantine plan — requirements

3.2 (1) Subject to subsection 3.3(1), every person who enters Canada must provide to the Minister of Health, screening officer or quarantine officer a quarantine plan that meets the requirements set out in section 3.1.

Quarantine plan — mode of transport

(2) For the purposes of subsection (1), the person must provide their quarantine plan

  • a) before entering Canada, if the person enters Canada by land;
  • b) before boarding the aircraft for the flight to Canada, if the person enters Canada by aircraft; or
  • c) before or when entering Canada, if the person enters Canada by water.

Electronic means — land and aircraft

(3) A person referred to in paragraphs (2)(a) and (b) must provide the quarantine plan referred to in subsection (1) by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister, are unable to submit their quarantine plan by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the quarantine plan may be provided in the form and manner and at the time specified by the Minister of Health.

Quarantine plan — non-application

3.3 (1) Instead of providing the quarantine plan referred to in subsection 3.2(1), a person referred to in Table 1 of Schedule 2 or in subsection 4.6(1) must provide to the Minister of Health their contact information for the 14-day period that begins on the day on which they enter Canada.

Mode of transport

(2) For the purposes of subsection (1), the person must provide their contact information

  • a) before entering Canada, if the person enters Canada by land;
  • b) before boarding the aircraft for the flight to Canada, if the person enters Canada by aircraft; or
  • c) before or when entering Canada, if the person enters Canada by water.

Electronic means — land and aircraft

(3) A person referred to in paragraphs (2)(a) and (b) must provide the contact information referred to in subsection (1) by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister, are unable to submit their contact information by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the contact information may be provided in the form and manner and at the time specified by the Minister of Health.

Persons in transit

(4) Subsections (1) and (3) do not apply to a person who plans to arrive at a Canadian airport aboard an aircraft in order to transit to a country other than Canada and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada.

Prepaid accommodation — requirements

3.4 Subject to section 3.5, every person who enters Canada by aircraft must meet the following requirements before boarding the aircraft for the flight to Canada:

  • (a) provide to the Minister of Health, screening officer or quarantine officer evidence of prepaid accommodation that enables the person to remain in quarantine at a government-authorized accommodation for a period of three days from the day on which they enter Canada; and
  • (b) provide the evidence of prepaid accommodation referred to in paragraph (a) by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister, are unable to submit the evidence by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the evidence may be provided in the form and manner and at the time specified by the Minister of Health.

Prepaid accommodation — non-application

3.5 Section 3.4 does not apply to a person referred to in Table 3 to Schedule 2 or a person who, in exigent circumstances, is released by a quarantine officer from the requirement to quarantine themselves in a government-authorized accommodation in accordance with paragraph 4.1(a), in which case the person must follow the instructions of the quarantine officer.

Requirements — questions and information

3.6 (1) Every person who enters Canada must, during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.9(1),

  • (a) answer any relevant questions asked by a screening officer, a quarantine officer, a peace officer or a public health official designated under subsection (2), or asked on behalf of the Chief Public Health Officer, for the purposes of the administration of this Order; and
  • (b) provide to an officer or official referred to in paragraph (a) or the Chief Public Health Officer any information or record in the person's possession that the officer, official or Chief Public Health Officer requires, in any manner that the officer, official or Chief Public Health Officer may reasonably request, for the purposes of the administration of this Order.

Designation

(2) The Chief Public Health Officer may designate any person as a public health official for the purposes of subsection (1).

Mask

3.7 (1) Every person who enters Canada and who is required to quarantine or isolate themselves under this Order must, during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.9(1), if applicable, wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19,

  • (a) while they are entering Canada; and
  • (b) while they are in transit to a place of quarantine or isolation, a health care facility or their place of departure from Canada, unless they are alone in a private conveyance.

Persons not subject to quarantine

(2) Every person who enters Canada and who, under section 4.3 or subsection 4.5(1) or 4.6(1), is not required to enter or remain in quarantine or every person who undergoes an alternative testing protocol in accordance with subsection 2.4(1) must, during the 14-day period that begins on the day on which they enter Canada,

  • (a) wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19 when they are in public settings, including when entering Canada; and
  • (b) maintain a list of the names and contact information of each person with whom the person comes into close contact and the locations visited during that period.

Non-application

(3) The requirements in this section do not apply to

  • (a) a person who needs to remove their mask for security or safety reasons;
  • (b) a child who is less than two years of age; and
  • (c) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask.

PART 4

Quarantine of Asymptomatic Persons

Requirements

4.1 Every person who enters Canada and who does not have signs and symptoms of COVID-19 must

  • (a) in the case of a person entering Canada by aircraft, quarantine themselves without delay at a government-authorized accommodation in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine until they receive the result for the COVID-19 molecular test referred to in paragraph 2.3(1)(a);
  • (a.1) in the case of a person entering Canada by a mode of transport other than aircraft, quarantine themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada in a place
    • (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer considers relevant,
    • (ii) where they will not be in contact with a vulnerable person, unless the vulnerable person is a consenting adult or the parent or dependent child in a parent-child relationship, and
    • (iii) where they will have access to the necessities of life without leaving that place;
  • (b) if the person receives evidence of a negative result for the COVID-19 molecular test referred to in paragraph 2.3(1)(a), quarantine themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine for the remainder of the 14-day period that begins on the day on which the person enters Canada in a place
    • (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer considers relevant,
    • (ii) where they will not be in contact with a vulnerable person, unless the vulnerable person is a consenting adult or the parent or dependent child in a parent-child relationship, and
    • (iii) where they will have access to the necessities of life without leaving that place;
  • (c) if the person does not receive the result for the COVID-19 molecular test referred to in paragraph 2.3(1)(b) before the expiry of the 14-day period that begins on the day on which the person enters Canada, remain in quarantine in accordance with the instructions provided by a screening officer or quarantine officer until they receive the test result or for another 14-day period, whichever comes first;
  • (d) report their arrival at, and the civic address of, the government-authorized accommodation or their place of quarantine within 48 hours after arriving at that accommodation or place, as the case may be, by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister, are unable to report that information by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting may be done in the form and manner and at the time specified by the Minister of Health; and
  • (e) subject to section 4.9, while they remain in quarantine in accordance with paragraphs (a) to (c),
    • (i) monitor for signs and symptoms of COVID-19,
    • (ii) report daily on their health status relating to signs and symptoms of COVID-19 by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister, are unable to report that information by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting may be done in the form and manner and at the time specified by the Minister of Health, and
    • (iii) in the event that they develop signs and symptoms of COVID-19 or receive evidence of a positive result under any type of COVID-19 test, follow the instructions provided by the public health authority specified by a screening officer or quarantine officer.

Unable to quarantine

4.2 (1) A person referred to in section 4.1 is considered unable to quarantine themselves if

  • (a) the person has not provided the evidence referred to in subsection 2.1(1) or 2.2(1), unless the person is exempted from that requirement under subsection 2.1(2) or 2.2(2);
  • (b) the person refuses to undergo a COVID-19 molecular test in accordance with paragraph 2.3(1)(a);
  • (c) the person has not provided a quarantine plan in accordance with this Order;
  • (d) the person cannot quarantine themselves in accordance with paragraphs 4.1(a) to (b); or
  • (e) while they remain in quarantine at the government-authorized accommodation referred to in paragraph 4.1(a), the person develops signs and symptoms of COVID-19, receives evidence of a positive result under any type of COVID-19 test or is exposed to another person who exhibits signs and symptoms of COVID-19.

Requirements — quarantine at quarantine facility

(2) A person who, at the time of entry into Canada or at any other time during the 14-day period referred to in section 4.1, is considered unable to quarantine themselves must

  • (a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility or transferring them between quarantine facilities;
  • (b) enter into quarantine without delay
    • (i) at the quarantine facility in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine at the facility or at any other quarantine facility to which they are subsequently transferred until the expiry of that 14-day period, or
    • (ii) at any other place that the quarantine officer considers suitable, in accordance with the instructions provided by the quarantine officer, and remain in quarantine at the place or at any other place to which they are subsequently transferred until the expiry of that 14-day period;
  • (c) in the case of a person who is considered unable to quarantine themselves within 48 hours after entering Canada, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of quarantine under paragraph 4.1(d);
  • (d) subject to subsection (3), until the end of that 14-day period,
    • (i) monitor for signs and symptoms of COVID-19,
    • (ii) report daily to a screening officer or quarantine officer at the quarantine facility on their health status relating to signs and symptoms of COVID-19, and
    • (iii) in the event that they develop signs and symptoms of COVID-19 or receive evidence of a positive result under any type of COVID-19 test, follow the instructions provided by the public health authority specified by a screening officer or quarantine officer; and
  • (e) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Change of place

(3) A person may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to quarantine themselves at a place that meets the conditions set out in paragraph 4.1(a.1) or (b) and, if applicable, must meet the requirements set out in paragraphs 4.1(d) and (e).

Choice of quarantine facility

(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the following factors:

  • (a) the risk to public health posed by COVID-19;
  • (b) the feasibility of controlling access to the quarantine facility;
  • (c) the capacity of the quarantine facility;
  • (d) the feasibility of quarantining persons at the facility;
  • (e) the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada; and
  • (f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — requirement to quarantine

4.3 Paragraphs 4.1(a) to (c), subparagraph 4.1(e)(ii) and section 4.2 do not apply to a person referred to in Table 1 of Schedule 2, unless they are required to provide the evidence referred to in subsection 2.1(1) or 2.2(1) but do not do so and do not subsequently receive evidence of a negative COVID-19 test result or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

Non-application — medical reason

4.4 (1) Paragraphs 4.1(a) to (c), and section 4.2 do not apply to a person

  • (a) during any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, in the case where the person is in a quarantine facility, is outside that quarantine facility; or
  • (b) during the time necessary to enable the person to undergo a COVID-19 molecular test.

Application of subsection (1) — accompanying person

(1.1) If the person exempted from the quarantine requirements under subsection (1) is a dependent child or requires assistance in accessing medical services or treatments, the exception set out in that subsection extends to one other person who accompanies the dependent child or the person requiring assistance.

Non-application — other cases

(2) The requirements set out in sections 4.1 and 4.2 do not apply to a person if

  • (a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements; or
  • (b) those requirements are inconsistent with another requirement imposed on them under the Quarantine Act.

Non-application — compassionate grounds

4.5 (1) Subject to subsection (3), paragraphs 4.1(a) to (b), and section 4.2 do not apply to a person if the Minister of Health

  • (a) determines that the person does not intend to quarantine themselves or to remain in quarantine, as the case may be, in order to engage in one of the following activities:
    • (i) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner,
    • (ii) to provide care to a Canadian citizen, permanent resident, temporary resident or protected person or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed by a licensed health care practitioner to require support for a medical reason, or
    • (iii) to attend a funeral or end-of-life ceremony;
  • (b) has not received written notice from the government of the province where the activity referred to in paragraph (a) will take place indicating that that government opposes the non-application of paragraphs 4.1(a) to (b) and section 4.2 to persons who engage in the activity referred to in paragraph (a) in that province; and
  • (c) in the case of a person referred to in paragraph (a) who intends to engage in the activity in a location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the person referred to in paragraph (a) at that location in order to engage in that activity.

Conditions

(2) Subsection (1) applies only if the person

  • (a) is engaging in one of the activities referred to in paragraph (1)(a); and
  • (b) complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Non-application

(3) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subsection 2.1(1) or 2.2(1) but who does not do so, unless they subsequently receive evidence of a negative COVID-19 test result or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

Orders made under Quarantine Act

(4) For the purposes of any order made under section 58 of the Quarantine Act, the non-application of paragraphs 4.1(a) to (b), and section 4.2 under this section is a limited release from quarantine on compassionate grounds.

Non-application — international single sport event

4.6 (1) Subject to subsection (5), paragraphs 4.1(a) to (c), subparagraph 4.1(e)(ii) and section 4.2 do not apply to a person in respect of whom a letter of authorization has been issued under subsection (2) and who enters Canada to take part in an international single sport event as a high-performance athlete or to engage in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport.

Letter of authorization

(2) The Deputy Minister of Canadian Heritage may, if he or she considers it appropriate, issue a letter of authorization after receiving, from the individual or entity in charge of the international single sport event,

  • (a) the names and contact information of all persons taking part in the international single sport event as a high-performance athlete or engaging in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport;
  • (b) a plan that specifies measures to minimize the risk of introduction or spread of COVID-19; and
  • (c) a letter of support for the plan from the government of the province where the international single sport event will take place and from the local public health authority.

Conditions

(3) Subsection (1) applies only if

  • (a) the government of the province or the local public health authority has not withdrawn their letter of support for the plan;
  • (b) the individual or entity in charge of the international single sport event has not cancelled that event;
  • (c) the person is taking part in the international single sport event as a high-performance athlete or engaging in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport; and
  • (d) the person complies with the conditions that are specified in the letter of authorization and that are imposed to minimize the risk of introduction or spread of COVID-19.

Consultation with Minister of Health

(4) Conditions that are imposed under paragraph (3)(d) must be developed in consultation with the Minister of Health.

Non-application

(5) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subsection 2.1(1) or 2.2(1) but who does not do so, unless they subsequently receive evidence of a negative COVID-19 test result or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

Exception — leaving Canada

4.7 A person who must quarantine themselves under section 4.1 or remain in quarantine under section 4.2 may leave Canada before the expiry of the 14-day period if they quarantine themselves until they depart from Canada.

Government-authorized accommodation

4.8 (1) The following factors must be considered before approving a government-authorized accommodation:

  • (a) the risk to public health posed by COVID-19;
  • (b) the capacity of the place;
  • (c) the feasibility of quarantining persons at the place;
  • (d) the proximity of the place to the airport of entry; and
  • (e) any other factor that the Public Health Agency of Canada, Canadian Forces, Department of Citizenship and Immigration, Department of Employment and Social Development or Department of Agriculture and Agri-Food considers relevant.

Transportation to a government-authorized accommodation

(2) A person referred to in paragraph 4.1(a) must not use a public means of transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the government-authorized accommodation, unless the person is authorized to use a public means of transportation by a screening officer or quarantine officer.

Non-application — government-authorized accommodation

(3) The following persons are not required to quarantine themselves in a government-authorized accommodation in accordance with paragraph 4.1(a):

  • (a) a person referred to in Table 3 of Schedule 2; and
  • (b) a person who, in exigent circumstances, is released by a quarantine officer from the requirement to quarantine themselves in a government-authorized accommodation in accordance with paragraph 4.1(a), in which case the person must follow the instructions of the quarantine officer.

Expense

(4) For greater certainty, a person referred to in paragraph 4.1(a) must comply with the conditions established under that paragraph at their own expense or at the expense of another person on behalf of that person unless the government-authorized accommodation is provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or Her Majesty in right of a province.

Period begins again

4.9 (1) The 14-day period of quarantine begins again and the associated requirements continue to apply if, during that 14-day period, the person develops signs and symptoms of COVID-19, receives evidence of a positive result under any type of COVID-19 test or is exposed to another person who exhibits signs and symptoms of COVID-19.

Day of test

(2) In the case of a person referred to in subsection (1) who receives evidence of a positive result under any type of COVID-19 test, the 14-day period begins again on the day that the test was performed.

Cessation — daily reporting

(3) The requirements set out in subparagraphs 4.1(e)(ii) and 4.2(2)(d)(ii) end if the person reports that they have developed signs and symptoms of COVID-19 or tested positive for COVID-19 under any type of COVID-19 test.

PART 5

Isolation of Symptomatic Persons

Requirements

5.1 (1) Every person who enters Canada and who has reasonable grounds to suspect they have COVID-19, has signs and symptoms of COVID-19 or knows that they have COVID-19 must

  • (a) within 48 hours after entering Canada, report their arrival at, and the civic address of, the place of isolation referred to in subsection (2) or paragraph (3)(b), as applicable, by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister, are unable to report that information by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting may be done in the form and manner and at the time specified by the Minister of Health; and
  • (b) during the 14-day period that begins on the day that they enter Canada, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and, if they require additional medical care, report to the public health authority specified by a screening officer or quarantine officer.

Additional requirements — entering by means other than aircraft

(2) Every person referred to in subsection (1) and every person who travelled with that person must, if they enter Canada by a mode of transport other than aircraft, isolate themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer and remain in isolation until the expiry of the 14-day period that begins on the day on which the person enters Canada in a place

  • (a) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer considers relevant;
  • (b) where they will not be in contact with a vulnerable person, unless the vulnerable person is a consenting adult or the parent or dependent child in a parent-child relationship; and
  • (c) where they will have access to the necessities of life without leaving that place.

Additional requirements — entering by aircraft

(3) Every person referred to in subsection (1) and every person who travelled with that person must, if they enter Canada by aircraft,

  • (a) isolate themselves without delay at a quarantine facility in accordance with the instructions provided by a screening officer or quarantine officer and remain in isolation at the facility until they receive the result for the COVID-19 molecular test referred to in paragraph 2.3(1)(a); and
  • (b) if the person receives evidence of a negative result for a test referred to in paragraph 2.3(1)(a) or a test performed under an alternative testing protocol referred to in subsection 2.4(1), isolate themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer and remain in isolation for the remainder of the 14-day period that begins on the day on which the person enters Canada in a place
    • (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer considers relevant,
    • (ii) where they will not be in contact with a vulnerable person, unless the vulnerable person is a consenting adult or the parent or dependent child in a parent-child relationship, and
    • (iii) where they will have access to the necessities of life without leaving that place.

Unable to isolate

5.2 (1) A person referred to in section 5.1 is considered unable to isolate themselves if

  • (a) the person has not provided the evidence referred to in subsection 2.1(1) or 2.2(1), unless the person is exempted from that requirement under subsection 2.1(2) or 2.2(2), as the case may be;
  • (b) the person refuses to undergo a COVID-19 molecular test in accordance with paragraph 2.3(1)(a);
  • (c) it is necessary for the person to use a public means of transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will isolate themselves;
  • (d) the person cannot isolate themselves in accordance with subsection 5.1(2) or paragraph (3)(b), as applicable; or
  • (e) while they remain in isolation at the quarantine facility in accordance with paragraph 5.1(3)(a), the person receives evidence of a positive result for the test referred to in paragraph 2.3(1)(a).

Requirements — isolation at quarantine facility

(2) A person who, at the time of entry into Canada or at any other time during the 14-day period referred to in section 5.1, is considered unable to isolate themselves must

  • (a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility or transferring them between quarantine facilities;
  • (b) enter into isolation without delay
    • (i) at the quarantine facility in accordance with the instructions provided by a screening officer or quarantine officer and remain in isolation at the facility or at any other quarantine facility to which they are subsequently transferred until the expiry of that 14-day period, or
    • (ii) at any other place that the quarantine officer considers suitable, in accordance with the instructions provided by the quarantine officer, and remain in isolation at the place or at any other place to which they are subsequently transferred until the expiry of that 14-day period;
  • (c) in the case of a person who is considered unable to isolate themselves within 48 hours after entering Canada, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of isolation under paragraph 5.1(1)(a); and
  • (d) until the expiry of that 14-day period, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and, if they require additional medical care, report to the public health authority specified by a screening officer or quarantine officer.

Change of place

(3) A person may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to isolate themselves at a place that meets the conditions set out in subsection 5.1(2) or paragraph (3)(b) and must, if applicable, meet the requirements set out in subsection 5.1(1).

Choice of quarantine facility

(4) In choosing a quarantine facility for the purposes of subsection 5.2(2), the Chief Public Health Officer must consider the following factors:

  • (a) the risk to public health posed by COVID-19;
  • (b) the feasibility of controlling access to the quarantine facility;
  • (c) the capacity of the quarantine facility;
  • (d) the feasibility of isolating persons at the quarantine facility;
  • (e) the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada; and
  • (f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — medical reason

5.3 (1) Paragraphs 5.1(2)(a), (3)(a) and (b) and section 5.2 do not apply to a person

  • (a) during any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, in the case where the person is in a quarantine facility, is outside that quarantine facility; and
  • (b) during the time necessary to enable the person to undergo a COVID-19 molecular test.

Application of subsection (1) — accompanying person

(1.1) If the person to whom isolation requirements do not apply under subsection (1) is a dependent child, the exception in subsection (1) extends to one other person who accompanies the dependent child.

Non-application — other cases

(2) The requirements set out in sections 5.1 and 5.2 do not apply to a person if

  • (a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements; or
  • (b) the requirements are inconsistent with another requirement imposed on the person under the Quarantine Act.

Exception — leaving Canada

5.4 A person who must isolate themselves under section 5.1 or remain in isolation under section 5.2 may, at the discretion and in accordance with the instructions of a quarantine officer, leave Canada in a private conveyance before the expiry of the 14-day isolation period if they isolate themselves until they depart from Canada.

PART 6

Powers and Obligations

Powers and obligations

6.1 For greater certainty,

  • (a) this Order does not affect any of the powers and obligations set out in the Quarantine Act;
  • (b) this Order may be administered and enforced using electronic means; and
  • (c) the instructions to be followed under section 3.5, paragraph 4.1(a) or (a.1), paragraph 4.8(3)(b), subsection 5.1(2) and paragraph (3)(a) include instructions that are provided after the time of entry into Canada.

PART 7

Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

April 21, 2021

7.1 This Order ceases to have effect at 11:59:59 p.m. Eastern Daylight Time on April 21, 2021.

Repeal

7.2 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 2 is repealed.

Coming into Force

March 21, 2021

7.3 This Order comes into force at 11:59:59 p.m. Eastern Daylight Time on March 21, 2021.

SCHEDULE 1

(Subsections 2.1(2) and 2.2(2))

Persons Exempted from the Requirement to Provide the Evidence of a COVID-19 Molecular Test

TABLE 1
Entry by Land — Pre-arrival
Item Persons
1 A person who is less than five years of age
2 A crew member
3 A person or any member of a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, if the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
4 A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services
5 An emergency service provider, including a firefighter, peace officer or paramedic, who returns to Canada after providing emergency services in a foreign country and who is required to provide their services within the 14-day period that begins on the day on which they enter Canada
6 An official of the Government of Canada or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who is escorting an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person
7 An official of the Government of Canada, the government of a province or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who enters Canada for the purposes of border, immigration or law enforcement, or national security activities, that support active investigations, ensure the continuity of enforcement operations or activities, or enable the transfer of information or evidence pursuant to or in support of a legal process
8 A person or any member of a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest, if the person complies with any conditions imposed on them by the Minister to minimize the risk of introduction or spread of COVID-19
9 A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces
10 A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with any conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
11 A person referred to in subsection 5(1) or (2) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) who enters Canada from the United States for the purpose of making a claim for refugee protection
12 A Canadian citizen, permanent resident, temporary resident, protected personor person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a licensed health care practitioner in Canada who indicated that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a licensed health care practitioner in the foreign country who indicated that the services or treatments were provided in that country
13 A person in the trade or transportation sector who is important for the movement of goods or people, including a truck driver or crew member on any aircraft, shipping vessel or train, who enters Canada for the purpose of performing their duties as a member of that sector
14 A person who enters Canada at a land border crossing in the following circumstances:
  • (a) the person was denied entry into the United States at the land border crossing;
  • (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
15 A person who must enter Canada regularly to go to their normal place of employment or to return from their normal place of employment in the United States, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
16 A habitual resident of Point Roberts, Washington who enters Canada to return to their place of residence or to access the mainland United States
17 A habitual resident of an integrated transborder community that exists on both sides of the
Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out an everyday function within that community
18 A person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States
19 A student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from paragraph 4.1(a.1) and section 4.2
20 A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 19 or to pick the student up from that institution, if the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from that institution and they wear a mask while outside the conveyance
21 A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution, if they will not directly care for persons 65 years of age or older
22 A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 21 or picking the student up from that institution and who enters Canada to return to their habitual place of residence after dropping off or picking up that student, if the driver left the conveyance while outside Canada, if at all, only to escort the student to or from that institution and they wore a mask while outside the conveyance
23 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
24 A driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver leaves the conveyance while in Canada, if at all, only to escort the dependent child to or from the conveyance and they wear a mask while outside the conveyance
25 A driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver left the conveyance while outside Canada, if at all, only to escort the dependent child to or from the conveyance and they wore a mask while outside the conveyance
26 A habitual resident of the remote communities of Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access necessities of life from the closest Canadian community where such necessities of life are available
27 A habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access necessities of life from the closest American community where such necessities of life are available
28 A person who will, as determined by the Minister of Transport, respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or infrastructure, if the person complies with any conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
29 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with any conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
30 A person who, in exigent circumstances, is released by a quarantine officer from the requirement referred to in subsection 2.1(1), in which case the person must follow instructions of the quarantine officer
TABLE 2
Entry by Aircraft – Pre-boarding
Item Persons
1 A person who is less than five years of age
2 A crew member
3 A person or any member of a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, if the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
4 A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services
5 An emergency service provider, including a firefighter, peace officer or paramedic, who returns to Canada after providing emergency services in a foreign country and who is required to provide their services within the 14-day period that begins on the day on which they enter Canada
6 An official of the Government of Canada or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who is escorting an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person
7 An official of the Government of Canada, the government of a province or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who enters Canada for the purposes of border, immigration or law enforcement, or national security activities, that support active investigations, ensure the continuity of enforcement operations or activities, or enable the transfer of information or evidence pursuant to or in support of a legal process
8 A person or any member of a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest, if the person complies with any conditions imposed on them by the Minister to minimize the risk of introduction or spread of COVID-19
9 A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces
10 A member of an air crew of a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing
mission-essential duties as a member of that force
11 A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with any conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
12 A Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a licensed health care practitioner in Canada who indicated that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a licensed health care practitioner in the foreign country who indicated that the services or treatments were provided in that country
13 A person who will, as determined by the Minister of Transport, respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or infrastructure, if the person complies with any conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
14 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with any conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
15 A person who enters Canada by aircraft and who is not required under the Aeronautics Act to provide the evidence referred to in subsection 2.2(1)
16 Any person who boarded a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test to be administered to the person before boarding the aircraft for the flight to Canada
17 A Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada, who has been denied entry in a foreign country and who must board a flight destined to Canada
18 A person referred to in subsection 5(1) or (2) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) who made a claim for refugee protection when entering Canada from the United States
19 A person who plans to arrive at a Canadian airport aboard an aircraft in order to transit to a country other than Canada and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada
20 A person who must enter Canada regularly to go to their normal place of employment or to return from their normal place of employment in another country, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada

SCHEDULE 2

(Subsection 2.3(2), section 4.3 and paragraph 4.8(3)(a))

Persons Exempted from Various Requirements

TABLE 1
Quarantine
Item Persons
1 A person referred to in paragraph (a) or (b) of the definition of crew member in section 1.1
2 A person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response
3 A member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing their duties as a member of that force
4 A person or any member of a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, if the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
5 A person or any member of a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest, if the person complies with any conditions imposed on them by the relevant Minister and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
6 A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services
7 A person who enters Canada for the purpose of providing medical care, transporting or collecting essential medical equipment, supplies or means of treatment, or delivering, maintaining or repairing medically necessary equipment or devices, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
8 A person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19, as long as they remain under medical supervision for the 14-day period that begins on the day on which they enter Canada
9 A Canadian citizen, permanent resident, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a licensed health care practitioner in Canada who indicated that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a licensed health care practitioner in the foreign country who indicated that the services or treatments were provided in that country
10 A person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of performing their duties as a student in the health field, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
11 A licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
12 A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada aboard a Canadian fishing vessel or a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning of the vessel and exchange of crew
13 A habitual resident of an integrated transborder community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out an everyday function within that community
14 A person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States
15 A person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by the government of a province, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, if the person remains on board the vessel
16 A student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from paragraph 4.1(a.1) and section 4.2
17 A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 16 or to pick the student up from that institution, if the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from that institution and they wear a mask while outside the conveyance
18 A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution, if they will not directly care for persons 65 years of age or older
19 A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 18 or picking the student up from that institution and who enters Canada to return to their habitual place of residence after dropping off or picking up that student, if the driver left the conveyance while outside Canada, if at all, only to escort the student to or from that institution and they wore a mask while outside the conveyance
20 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
21 A driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver leaves the conveyance while in Canada, if at all, only to escort the dependent child to or from the conveyance and they wear a mask while outside the conveyance
22 A driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver left the conveyance while outside Canada, if at all, only to escort the dependent child to or from the conveyance and they wore a mask while outside the conveyance
23 A habitual resident of the remote communities of Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access necessities of life from the closest Canadian community where such necessities of life are available
24 A habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access necessities of life from the closest American community where such necessities of life are available
25 A person who enters Canada in a conveyance at a land border crossing in the following circumstances, if neither the person nor any other person in the conveyance left the conveyance while outside Canada:
  • (a) the person was denied entry into the United States at the land border crossing; or
  • (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
26 A person who, under an arrangement entered into between the Minister of Health and the minister responsible for health care in the province where the person enters Canada, is participating in a project to gather information to inform the development of quarantine requirements other than those set out in this Order, if the person complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
27 A person or the class of persons that the person is in whom the Chief Public Health Officer determines to not pose a risk of significant harm to public health and the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
TABLE 2
Tests in Canada
Item Persons
1 A person referred to in Table 1 of Schedule 2
2 A person who is less than five years of age
3 A person who provides to the screening officer or quarantine officer evidence of a COVID-19 molecular test indicating that they received a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 90 days before their entry into Canada or before the aircraft's initial scheduled departure time, as the case may be
4 Any person who boarded a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test on entry into Canada
5 Any person who undergoes an alternative testing protocol in accordance with subsection 2.4(1)
6 A habitual resident of Point Roberts, Washington who enters Canada to return to their place of residence or to access the mainland United States
7 A person or any member of a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest, if the person complies with any conditions imposed on them by the Minister to minimize the risk of introduction or spread of COVID-19
8 A person who will, as determined by the Minister of Transport, respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or infrastructure, if the person complies with any conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
9 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with any conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
10 An accredited person and a person holding a D-1, O-1 or C-1 visa entering Canada to take up a post and become an accredited person
11 A diplomatic or consular courier
TABLE 3
Government-authorized accommodation
Item Persons
1 A person referred to in Table 2 of Schedule 2
2 A person who is less than 18 years of age and who will not be accompanied in the government-authorized accommodation by a person who is 18 years of age or older
3 A person who is 18 years of age or older and is dependent on one or more other persons for care or support by reason of mental or physical limitation, and who will not be accompanied in the government-authorized accommodation by a person who is 18 years of age or older
4 A foreign national who holds a valid work permit issued under subparagraph 200(1)(c)(ii.1) or (iii) of the Immigration and Refugee Protection Regulations or a foreign national whose application for a work permit under subparagraph 200(1)(c)(ii.1) or (iii) of the Immigration and Refugee Protection Regulations was approved and who has received written notice of the approval but who has not yet been issued the permit, provided that:
  • (a) the permit authorizes the foreign national to work in an occupation referred to in Schedule 3 and set out in the National Occupational Classification, 2016 developed by the Department of Employment and Social Development and Statistics Canada, and
  • (b) the foreign national will not use a public means of transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will quarantine themselves

SCHEDULE 3

(Item 4, Table 3 of Schedule 2)

Occupational Group Classifications

TABLE
Item

Column I

Unit Groups

Column II

NOC Codes

1 Managers in agriculture 0821
2 Managers in horticulture 0822
3 Butchers, meat cutters and fishmongers — retail and wholesale 6331
4 Agricultural service contractors, farm supervisors and
specialized livestock workers
8252
5 Contractors and supervisors, landscaping, grounds maintenance and
horticulture services
8255
6 General farm workers 8431
7 Nursery and greenhouse workers 8432
8 Harvesting labourers 8611
9 Process control and machine operators, food, beverage and associated products processing 9461
10 Industrial butchers and meat cutters, poultry preparers
and related workers
9462
11 Fish and seafood plant workers 9463
12 Labourers in food, beverage
and associated products processing
9617
13 Labourers in fish and
seafood processing
9618

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), is made pursuant to section 58 of the Quarantine Act. The Order repeals and replaces the Order in Council P.C. 2021-75 of the same title, which came into force on February 14, 2021, with post-arrival requirements that came into force on February 21, 2021.

This Order complements the Orders in Council 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) and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) and any related Interim Order made under the Aeronautics Act to minimize the risk of importing COVID-19.

This Order will be in effect from 11:59:59 p.m., Eastern daylight time, March 21, 2021, until 11:59:59 p.m., Eastern daylight time, April 21, 2021.

Objective

This Order, like its predecessor, maintains Canada's focus on reducing the introduction and further spread of COVID-19 and new variants of the virus into Canada by decreasing the risk of importing cases from outside the country. This Order repeals and replaces the previous order of the same name with some changes as described below in the Implications section. It comes into force on March 21, 2021, and expires on April 21, 2021.

This Order continues to require all persons who enter Canada, whether by air, land, or sea, to provide accurate contact information for the first 14 days in Canada, to answer questions to determine if they have signs or symptoms of COVID-19 and, with limited exemptions, quarantine or isolate for 14 days from the day upon which they entered Canada. The Order maintains all requirements for travellers to have a negative COVID-19 molecular test result before entering Canada, and to undergo testing when entering and once again later in the 14-day post-entry period, subject to limited exceptions. This Order also continues to require that all travellers entering Canada by air, with limited exceptions, enter a government-authorized accommodation near the first port of entry while awaiting the result of the first post-entry test.

Background

COVID-19

COVID-19 is caused by a novel coronavirus capable of causing severe illness, named the Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). It is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV).

COVID-19 was first detected in Wuhan, China, in December of 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been developing over the past several months but continues to be based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, under some circumstances, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. The droplets vary in size from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, which linger in the air under some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. As case numbers continue to rise throughout Canada, there is concern for the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus. The introduction of the new variants of the virus causing COVID-19, which are suspected of being more transmissible, may further worsen the negative health impacts of COVID-19.

Testing capabilities have advanced significantly over the past several months. Over 197 countries and territories require a negative pre-travel COVID-19 test or medical certificate as a condition of entry into their jurisdictions. The United States, for instance, currently requires that all travellers to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding an aircraft. The United States is also actively exploring additional measures to be implemented at the land borders. COVID-19 molecular testing such as polymerase chain reaction (PCR) tests and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection. They are also able to detect most symptomatic and asymptomatic infections. An antigen test is more likely to miss a COVID-19 infection compared to a molecular test, such as a PCR test. Therefore, molecular tests are more accurate for use in pre-departure screening.

Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals should not be considered a new infection posing risk, but rather as a person who has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of prior infection from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time allows for the time needed to become non-infectious and thus prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.

The Government of Canada has been working with provincial governments and industry stakeholders to gather data on testing travellers entering Canada at select airport and border crossings through pilot programs. These pilot programs have demonstrated that the frequency of people coming into Canada with COVID-19 is approximately 1 – 2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. The pilot programs have also demonstrated that approximately 68.5% of positive cases show positive upon arrival and could be found by pre-departure screening prior to entering Canada. An additional 25.8% positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. This affirms the need for ongoing vigilance in travellers testing negative upon entry into Canada and the importance of enhanced surveillance and enforcement during the quarantine period.

Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. Assuming the continued supply of safe and effective vaccines, it is expected there will be enough vaccines to immunize all Canadians for whom vaccines are approved and recommended. The Government of Canada anticipates that this will be achievable by September of 2021. While knowledge on the duration of the protection offered by COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19 to other individuals is still in its infancy, it is recognized that this is rapidly evolving. Emerging evidence-based scientific data and experience will help inform future Government of Canada action in this area. The National Advisory Committee on Immunization currently recommends that all individuals should continue to practise recommended public health measures for prevention and control of COVID-19 regardless of COVID-19 vaccination at this time.

COVID-19 situation

As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. From February of 2019 to February of 2021, Canada has seen an 84.4% decrease in the number of travellers arriving from the United States, and a 91.2% decrease among international travellers arriving from other countries for the same period. However, the reported rate of imported cases per 100 000 arriving travellers has increased steadily since September of 2020, with a higher rate in January of 2021 compared to any other month during the pandemic. In January of 2021, close to 700 COVID-19 cases arrived on 407 inbound international flights, a record monthly high since the beginning of the pandemic. This has since decreased over the month of February 2021 but still remains a concern.

The global number of cases of COVID-19 is continuing to rise, with ongoing increases in Latin America, Europe, Asia, and the Middle East. As of March 8, 2021, the continent of Asia currently has the highest proportion of countries reporting moderate or high increasing rates of new cases over the past seven days. Of the 48 countries currently monitored in this region, 9 (19%) are reporting moderate rates of increasing cases, and 11 (23%) are reporting high rates of increasing cases. Of the 51 countries monitored in Europe, 8 (16%) are reporting high rates of increasing cases. In North America and Central America, of the 41 countries and territories monitored, 7 (17%) are reporting moderate rates of increasing cases, and 15 (37%) are reporting decreasing rates of new cases, including the United States, Mexico, Canada, Haiti, and the Dominican Republic. The continent with the highest proportion of countries reporting a decreasing rate of new cases is North America. Despite declining rates, cases of COVID-19 in the United States remain high. As of March 8, 2021, there were 28 659 480 detected cases in the United States, 11 229 398 detected cases in India, and 10 938 836 detected cases in Brazil.

On December 19, 2020, the United Kingdom announced that analysis of viral genome sequence data determined that a new variant of the virus, B.1.1.7, that causes COVID-19 was spreading in the country, and that this new variant was significantly more transmissible (up to 70%) than previously circulating variants. In addition, South Africa and Brazil have also identified other novel variants of the virus B.1.351 variant and the P.1 variant respectively. The United States Centers for Disease Control and Prevention have observed that the new variants spread more easily and quickly than other variants, though studies suggest that the current vaccines authorized in the United States are effective against these variants. The European Centre for Disease Prevention and Control has assessed the impact of introduction and community spread of these new variants to be high, and could lead to higher hospitalization and death. While many countries worldwide are currently experiencing a decline in overall SARS-CoV-2 infections, likely as a result of implemented public health and social measures, an increased number of reports of variants have been noted in a number of countries and the number of countries reporting variants of concern has continued to increase. Cases of the variants identified in the United Kingdom, South Africa and Brazil have now been identified in many countries around the globe, including a small number of cases in Canada and the United States. As of March 9, the B.1.1.7 variant is reported in 111 countries, the B.1.351 variant is reported in 58 countries and the P.1 variant is reported in 32 countries, across all six WHO regions.

In many countries, the second wave exceeded previous peaks, and there are growing concerns that the spread of more contagious variants may lead to a third wave. The number of countries reporting variants of concern continues to increase. At this time, travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and increases the potential for onward community transmission of COVID-19. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as increased testing efforts, contact tracing and isolation of confirmed cases.

While domestically the situation is improving, Canada's average COVID-19 daily case count remains high at almost double the peak of the first wave. Nationally, the daily incidence rate as of March 3, 2021, remains 1.7 times what was observed during the spring peak on April 26, 2020. As of March 9, 2021, Canada's case count stood at 893 518, with 30 179 considered active cases. Further, the spread of variants of concerns in Canada continues to increase with evidence of community transmission. As of March 10, 2021, in Canada there have been 2 986 cases associated with variants of concern reported publicly and the majority of the cases in the provinces have been the B.1.1.7 variant that was first identified in the United Kingdom. In the province of Ontario, variants of concern now comprise over 40% of all COVID-19 cases. The P.1 variant is now identified in three provinces: Ontario, British Columbia and Quebec. Accelerated spread of variants of concern combined with less stringent public health measures place some jurisdictions at risk of increased COVID-19 transmission. Given the global situation and dynamic environment presented by the pandemic, including the emergence of new variants, domestic rates can be expected to rise. The progress we have achieved together could be rapidly reversed given that the new variants of concern have been introduced into Canada and community transmission of these variants of concern is now occurring.

In Canada, we are currently facing limited health care system capacity, and a certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary transmission to household members or in the community. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19 and new variants of concern into Canada as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies to further prevent the introduction and spread of COVID-19 or new variants of concern in Canada is justifiable. Evidence demonstrates that pre-departure testing combined with testing all travellers upon entry into the country and again later in the quarantine period will enable detection of the majority of persons with COVID-19 arriving in Canada. Identification of these cases will further permit genetic sequencing and the identification of novel variants of concern to support public health efforts to contain COVID-19 spread. Requiring travellers entering Canada by aircraft to reside in government-authorized accommodations until they receive their first test result will help identify and isolate those who may introduce or spread COVID-19 variants.

Government of Canada response to COVID-19 pandemic

The Government of Canada's top priority is the health and safety of Canadians. To limit the introduction and spread of COVID-19 in Canada, the Government of Canada has taken unprecedented action to implement a comprehensive strategy with layers of precautionary measures. Measures include the establishment of a more than $1 billion COVID-19 Response Fund, restrictions on entry into Canada for optional or discretionary travel, restrictions on cruise ship travel in Canada, and mandatory quarantine and isolation measures to prevent the further spread of the virus.

Between February 3, 2020, and February 14, 2021, the Governor in Council has made 45 emergency orders under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada. These emergency orders reduce risks from other countries, facilitate repatriation of Canadians, and strengthen measures at the border to reduce the impact of COVID-19 in Canada. Together, these measures have been effective. Canada has seen an 84.4% decrease in the number of travellers arriving from the United States, from February of 2019 to February of 2021, and a 91.2% decrease among international travellers arriving from other countries for the same period.

Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government of Canada recognizes that entry prohibitions, mandatory quarantine requirements, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, together, these measures remain the most effective means of limiting the introduction of new cases of COVID-19 and the variants of concern into Canada. With the advent of new, more transmissible variants of the virus, the Government of Canada continues to take a precautionary approach by increasing border restrictions and restricting incoming travel from any country in an effort to preserve domestic health capacity in Canada and reduce the further introduction and transmission of COVID-19 in the country.

Implications

Key impacts for persons entering Canada

As was the case under the previous Order, all travellers are required to submit accurate contact information and quarantine plans, or just contact information if they are exempt from quarantine, to the Minister of Health by electronic means before they enter Canada. The new Order clarifies that travellers entering by land must submit this information before entering Canada, and clarifies that travellers entering by marine mode may submit this information before or when entering Canada. The Minister of Health has a new legal authority to determine that a class of persons are unable to submit electronically, their confirmation of arrival at the suitable place of quarantine or government-authorized accommodation and daily health status for reasons such as a disability, inadequate infrastructure, a service disruption or a natural disaster. These persons will be allowed to submit this information in an alternate form and manner and at a time specified by the Minister of Health. This is similar to the Minister of Health's current legal authority related to the electronic submission of pre-entry information.

The more detailed parameters of what constitutes a suitable quarantine plan remain in the updated Order, but clarifies that for the purpose of a suitable quarantine plan, it is acceptable for a minor to quarantine with persons with whom they did not travel, provided those persons will provide care and support to the minor and will reside with the minor for the period of quarantine or isolation.

The Order maintains all requirements for travellers to have a negative COVID-19 molecular test result before entering Canada, and to undergo testing when entering and once again later in the 14-day post-entry period, subject to limited exceptions. Travellers entering Canada by marine mode are not subject to pre-arrival molecular test requirements. The Order now includes an explicit provision which provides that persons who receive a positive COVID-19 test result post-entry, must quarantine for 14 days from the date that the test was performed.

All previous exceptions to the pre-arrival COVID-19 molecular test remain. The existing authorities of the Minister of Transport and the Minister of Public Safety and Emergency Preparedness to exempt persons from the pre-arrival molecular test requirement have, however, been revised, to permit these ministers to impose conditions on these exempt persons, developed in consultation with the Minister of Health, to minimize the risk of introduction or spread of COVID-19.

The Order has also been revised to reflect that the exemption from the pre-arrival test requirement for persons who must cross the border regularly to go to their normal place of employment also includes those travelling by aircraft.

Further, to enable necessary medical treatment abroad, clarifications have been made to the exemption for testing and quarantine for persons returning from emergency or essential medical services or treatments in a foreign country. The requirement to obtain written evidence from a licensed health care practitioner in Canada that the medical services or treatments outside Canada are essential is no longer required if the treatment is for primary or emergency medical services under an agreement with another jurisdiction.

As before, all air travellers, with limited exceptions, will be required to undergo a COVID-19 molecular test upon entry into Canada, and must remain in their government-authorized accommodation at the first port of entry until their first test result is received. The Order has, however, been revised to clarify that persons who are exempt from staying in a government-authorized accommodation are not required to provide evidence of prepayment for that accommodation.

Some additional limited exceptions to the requirement to stay in a government-authorized accommodation have also been introduced in this new Order. This includes new provisions for persons or classes of persons where the Minister of Health determines that their presence in Canada is in the national interest, as well as an exception for temporary foreign workers in certain occupational classifications, provided they proceed directly to their suitable place of quarantine by private conveyance. The updated Order also clarifies that the requirement to stay in government-authorized accommodations does not apply to unaccompanied persons under the age of 18, or persons 18 and older who are dependent on others for care or support.

In line with other requirements concerning public transportation, the Order now also specifies that travellers must not use a public means of transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel to the government-authorized accommodation, unless authorized by a quarantine or screening officer.

To align with the policy intent for how symptomatic travellers are treated when entering Canada by land compared to air, the Order has been restructured to clearly communicate the requirements by mode of entry. The Order continues to provide that symptomatic persons travelling to Canada by air will be directed to isolate at a quarantine facility rather than proceeding to their pre-booked government-authorized accommodation. These travellers will remain in the facility until they receive the result of their first COVID-19 molecular test in Canada, at which time they will be directed to continue their isolation at the facility or to proceed directly to any other place that the quarantine officer considers suitable to complete their required isolation period. The Order now clarifies that symptomatic travellers who enter Canada by means other than aircraft will be directed to isolate themselves immediately in a place that the quarantine officer considers suitable, which may include a designated quarantine facility.

The Order was restructured to improve readability and schedules have been introduced to facilitate identification of persons exempted from the various quarantine and testing requirements. The new Order also includes minor technical amendments to align the English and French versions, removes expired clauses, and updates clause cross-references.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; Canadian Armed Forces; and Global Affairs Canada, given linkages to departmental mandates and other statutory instruments.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.ca