Canada / Federal / Proposed Regulations

Canada Gazette, Part I, Volume 156, Number 11: ORDERS IN COUNCIL

March 12, 2022

2022-03-12

Canada Gazette, Part I, Volume 156, Number 11: ORDERS IN COUNCIL

March 12, 2022

DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Order Approving Interim Order No. 3 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to paragraph 30.1(2)(a)^{footnote a} of the Food and Drugs Act^{footnote b}, approves Interim Order No. 3 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19, made by the Minister of Health on February 21, 2022.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council approves Interim Order No. 3 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 (the third interim order) that was made by the Minister of Health on February 21, 2022, in accordance with subsection 30.1(1) of the Food and Drugs Act (the Act). The Minister may make an interim order if immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

The Interim Order Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 (first interim order) was made on March 18, 2020. It was approved by the Governor in Council (GIC) on March 24, 2020. It was repealed on March 1, 2021, and replaced with Interim Order No. 2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 (second interim order), which was approved by the GIC on March 15, 2021. The third interim order repeals the second interim order.

This third interim order maintains all of the flexibilities of the second interim order, including the consideration of urgent public health needs. These flexibilities are needed to assess evidence that demonstrates the safety and effectiveness of medical devices. The third interim order also continues to allow the importation and sale of COVID-19 medical devices that were authorized under the previous interim orders.

Without an Order in Council approving it, the third interim order would, in accordance with paragraph 30.1(2)(a) of the Act, cease to have effect 14 days after it was made. As a result of this Order in Council, the third interim order, in accordance with paragraphs 30.1(2)(b) to (d) of the Act, will cease to have effect on the earliest of the day on which it is repealed, the day on which regulations having the same effect come into force, or one year after the day on which the third interim order was made.

Objective

The objective of this Order in Council is to enable the continued operation of the third interim order. The third interim order supports Canada’s ongoing focus on dealing with the significant risk that COVID-19 continues to pose to the health and safety of Canadians. It contributes to securing Canada’s medical device supply chain by

providing an expedited pathway for authorizing COVID-19 medical devices; and
helping to facilitate access to safe and effective COVID-19 devices for health care workers and other Canadians.

Background

COVID-19

COVID-19 is an infectious respiratory disease caused by a strain of the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). COVID-19 infection has been known to cause respiratory symptoms, fever, cough, shortness of breath and breathing difficulties. In more severe cases, it may cause pneumonia, severe acute respiratory syndrome, kidney failure and death.

The World Health Organization (WHO) declared a global pandemic related to COVID-19 on March 11, 2020, with COVID-19 now affecting the majority of countries across the globe. According to the COVID-19 Dashboard by the text-center for Systems Science and Engineering at Johns Hopkins University, there have been more than 379 million cases and over 5.6 million people have lost their lives. According to the outbreak update from the Government of Canada, the number of confirmed cases in Canada as of February 1, 2022, has exceeded 3 million and over 33 000 people in Canada have lost their lives. However, the situation continues to evolve and change.

From the outset, the COVID-19 pandemic has created challenges in global supply chains, including an unprecedented demand for certain medical devices. Medical device manufacturers and importers adapted quickly to meet demands for COVID-19 devices. New manufacturers also stepped in to create additional capacity.

Combined global efforts continue to identify ways to contain the pandemic and prevent further spread as well as find effective treatments and cures against this disease.

Government of Canada’s response

The health and safety of Canadians is the Government of Canada’s top priority during the COVID-19 pandemic. The Government therefore took action to provide a faster way to authorize the importation and sale in Canada of medical devices that are used to diagnose, treat, mitigate or prevent COVID-19.

The first and second interim orders have been effective. For instance, over 770 authorizations for COVID-19 medical devices have been issued, including 107 testing devices, such as rapid test kits, and over 660 medical devices other than testing devices, such as personal protective equipment. This authorization pathway for COVID-19 medical devices has helped to secure Canada’s medical device supply chain. It did so by facilitating continued expedited access to safe and effective COVID-19 devices for health care workers and other Canadians.

Health Canada had previously notified stakeholders of a proposed approach to introduce transition regulations. This would have ceased the expedited authorization pathway, but extended current authorizations until industry could meet certain requirements to transition to the Medical Devices Regulations.

As the pandemic is evolving, the Government of Canada continues to evaluate Canada’s medical device supply. With the emergence of variants such as Omicron, one of the best options for controlling the spread of the virus and managing its risks is to maintain the flexibilities provided by the expedited authorization pathway in order to continue to offer accelerated access to COVID-19 medical devices.

As a result, Health Canada has determined that at this time, a third interim order is necessary to continue to meet the needs of Canadians and industry, by enabling faster access to priority COVID-19 medical devices (e.g. test kits, N95 masks), than a transition to the Medical Devices Regulations, as previously communicated.

The tools and flexibilities used to authorize the importation and sale of COVID-19 medical devices from the previous interim orders are the most effective means for providing an expedited pathway for COVID-19 devices. The interim order pathway helps to facilitate access by health care workers and other people to the devices they need.

Implications

Requirements carried over from the previous interim order

As was the case under the second interim order, the third interim order provides for an expedited authorization pathway for COVID-19 medical devices. This contributes to ensuring Canadians have continued access to COVID-19 medical devices.

The third interim order continues to apply to all classes of medical devices and provides the following three authorization mechanisms:

(1) an expedited authorization pathway for importing and selling new COVID-19 medical devices;
(2) expanded use indications for devices authorized under the Medical Devices Regulations or the third interim order without requiring the manufacturer to apply; and
(3) authorization of new COVID-19 medical devices that have been approved by a trusted foreign regulatory authority.

The third interim order still allows the Minister to determine the level of evidence required to demonstrate the safety and effectiveness of devices authorized through the interim order, in light of the urgent public health need. This new interim order continues to also

provide flexibility and regulatory oversight to enable ongoing importation, sale and distribution of COVID-19 medical devices, including personal protective equipment;
incorporate by reference the existing list of licensed or authorized devices for which an expanded use has been approved;
ensure that all authorizations for medical devices issued under the previous interim order, including any terms and conditions on those authorizations, will remain in effect;
require importers and distributors of all COVID-19 devices to hold a medical device establishment licence; and
maintain bilingual labelling requirements for manufacturers, importers and distributors of all COVID-19 medical devices.

Further, any applications that are outstanding when the previous interim order expires will still be considered under the third interim order.

All authorized COVID-19 devices are subject to post-market requirements. These include incident reporting, reporting of a voluntary recall and record-keeping requirements related to distribution.

The Minister also maintains the ability, at any time, to

impose or amend terms and conditions on authorizations; and
ask for more information or materials about a COVID-19 medical device submission, existing authorized device or expanded use.

Health Canada will continue to monitor the safety and effectiveness of authorized COVID-19 devices. This includes taking immediate action, such as cancelling authorizations if required, to protect people’s health and safety.

Manufacturers of medical devices authorized under the third interim order will not be subject to evaluation, amendment and right-to-sell fees.

Consultation

The overall approach for the second interim order is being maintained in the third interim order. Therefore, information gathered from the targeted email consultation for the development of the second interim order and related transition regulations, held from November 2020 to January 2021, helped to inform the third interim order. This consultation process also included two stakeholder webinar sessions, as well as a presentation at the Regulatory MedTech Conference. The email consultation was sent to 9 000 stakeholders, including

manufacturers that have an authorization under the previous interim order;
manufacturers that applied for an authorization under the previous interim order; and
current medical device establishment licence holders.

Federal government departments, and provinces and territories were also consulted on the development of the second interim order. Furthermore, the first and second interim orders have been in place and public for nearly two years before the third interim order took effect. Health Canada has not received any other feedback about the interim orders from outside the stakeholder groups listed above.

Health Canada received 72 stakeholder responses in total. Of the consultation comments concerning the policy approaches in the second interim order, respondents were generally supportive of the provisions. Some stakeholders gave specific reasons for their support of the first interim order, such as

reduced barriers;
reduced time to market;
reduced costs;
simplicity of application process; and
flexible scientific requirements

Respondents also provided feedback on the second interim order’s bilingual labelling requirement. While most respondents did not express significant concerns with meeting the requirement in the second interim order, some international manufacturers were concerned. The bilingual labelling requirement is justified given the need for oversight over industry and the fact that the requirement exists in the Medical Devices Regulations. To mitigate these concerns, Health Canada provided transition periods in the second interim order to help offset the burden on industry. The bilingual labelling requirement has now been in place since March 1, 2021, and the transition periods have now elapsed.

Based on the stakeholder feedback from both the email consultation and webinars, no further changes were made to the second interim order. The third interim order maintains all of the second interim order’s flexibilities.

Health Canada also informed provinces, territories, other federal government departments and stakeholders of its plans for the third interim order.

Contact

Bruno Rodrigue
Executive Director
Office of Legislative and Regulatory Modernization
Policy, Planning and International Affairs Directorate
Health Products and Food Branch
Health Canada
Address Locator: 3000A
Holland Cross, Suite P2108
11 Holland Avenue
Ottawa, Ontario
K1A 0K9
Email: lrm.consultations-mlr@hc-sc.gc.ca

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2022-177 February 26, 2022

Whereas the Governor 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 Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;

Whereas the Governor 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 COVID-19 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 Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act ^{footnote c}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada).

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

Definitions

Definitions

1 The following definitions apply in this Order.

Canadian Forces

means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)

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) a sibling, half-sibling or step-sibling of the person; or
(b) a grandparent of the person. (membre de la famille élargie)

foreign national

has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)

fully vaccinated person

has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)

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)

permanent resident of Canada

has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)

protected person

has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)

Quarantine Order

means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)

temporary resident

means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

variant of concern

means a SARS-CoV-2 variant designated as a variant of concern by the World Health Organization. (variant préoccupant)

Prohibitions

Signs and symptoms

2 A foreign national is prohibited from entering Canada if

(a) they have reasonable grounds to suspect that they have COVID-19;
(b) they exhibit signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing; or
(c) they know that they have COVID-19.

Pre-arrival COVID-19 test

3 A foreign national who is five years of age or older is prohibited from entering Canada if they do not comply with the applicable requirement under the Quarantine Order to have in their possession evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test and to provide that evidence if they are required to do so under that Order.

Vaccination

4 (1) A foreign national is prohibited from entering Canada unless they are a fully vaccinated person and they comply with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination.

Non-application — less than 18 years of age

(2) Subsection (1) does not apply to a person who is less than 18 years of age if they

(a) seek to enter Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (i) is a fully vaccinated person and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination,
- (ii) has a contraindication to a COVID-19 vaccine dosage regimen, within the meaning of the Quarantine Order, and complies with the requirement under that Order to provide evidence confirming that fact, or
- (iii) is a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act;
(b) seek to enter Canada to be with an immediate family member who is a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act;
(c) seek to enter Canada to be with an extended family member who is a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if they have a statutory declaration attesting to their relationship with the citizen, permanent resident or person registered as an Indian that is signed,
- (i) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents or their step-parent, guardian or tutor, or
- (ii) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who is 18 years of age or older, by that citizen, permanent resident or person registered as an Indian; or
(d) seek to enter Canada to attend a listed institution.

Listed institution

(3) For the purposes of paragraph (2)(d), 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 the Quarantine Order; 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 — dependent adults

(4) Subsection (1) does not apply to a person who is 18 years of age or older if they are dependent on one or more other persons for care or support by reason of mental or physical limitation and they seek to enter Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor

(a) is a fully vaccinated person and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination;
(b) has a contraindication to a COVID-19 vaccine dosage regimen, within the meaning of the Quarantine Order, and complies with the requirement under that Order to provide evidence confirming that fact; or
(c) is a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act.

Non-application — other persons

(5) Subsection (1) does not apply to

(a) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations or an immediate family member of that person, unless that family member seeks to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment;
(b) a person whose application for permanent residence in Canada was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval, but who has not yet become a permanent resident of Canada under that Act;
(c) a person who seeks to enter Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
(d) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
(e) a person or any member of a class of persons who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, meets the following requirements:
- (i) they do not pose a risk of significant harm to public health, or
- (ii) there are compelling reasons, based on the public interest, for their entry to provide an essential service while in Canada;
(f) 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;
(g) a person who has been issued a valid work permit under subparagraph 200(1)(c)(ii.1) or (iii) of the Immigration and Refugee Protection Regulations or a person whose application for a work permit was approved under those subparagraphs and who received written notice of the approval, but who has not yet been issued the permit, provided that the permit authorizes the person to perform work in a unit group referred to in the schedule and set out in the National Occupational Classification that was developed by the Department of Employment and Social Development and Statistics Canada and published in 2016;
(h) a person who seeks to enter Canada for the purpose of delivering, installing, maintaining or repairing medically necessary supplies, equipment or devices;
(i) a person who seeks to enter Canada for the purpose of donating or making medical deliveries of stem cells, blood and blood products, tissues, organs or other body parts that are required for patient care in Canada while this Order is in effect or within a reasonable period of time after the expiry of this Order;
(j) a worker in the marine transportation sector who is essential for the movement of goods by vessel, as defined in section 2 of the Canada Shipping Act, 2001, and who seeks to enter Canada for the purpose of performing their duties in that sector;
(k) a person who seeks to enter Canada to take up a post as a diplomat, consular officer, representative or official of a foreign country, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member or an immediate family member of that person, unless that family member seeks to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment;
(l) a person who arrives at a Canadian airport aboard a commercial passenger aircraft and who is transiting to a foreign country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada;
(m) a French citizen who resides in Saint Pierre and Miquelon and has only been in Saint Pierre and Miquelon, the United States or Canada during the period of 14 days before the day on which they arrive in Canada unless they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment;
(n) a person who seeks to enter Canada because of a medical emergency or to receive any essential medical service or treatment;
(o) a driver of a conveyance who enters Canada from the United States to drop off a student enrolled in a listed institution or to pick the student up from that institution;
(p) a driver of a conveyance who enters Canada from the United States after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting;
(q) a person who enters Canada from the United States in a conveyance at a land border crossing in either of the following circumstances:
- (i) the person was denied entry into the United States at the land border crossing,
- (ii) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing; or
(r) a habitual resident of Akwesasne, which is 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 everyday functions within that community.

Non-application — compassionate grounds

(6) Subsection (1) does not apply to a person if the Minister of Health determines that they seek to engage in one of the following activities:

(a) to provide support to a Canadian citizen, permanent resident of Canada, 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 health care practitioner who is licensed in Canada, or to attend to their death;
(b) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada to require support for a medical reason; or
(c) to attend a funeral or end-of-life ceremony.

Non-application — remote communities

(7) Subsection (1) does not apply to a person if they are a habitual resident of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington who

(a) is a citizen of the United States or person who has been lawfully admitted to the United States for permanent residence;
(b) seeks to enter Canada to carry out everyday functions within neighbouring communities of their community; and
(c) intends to remain in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country.

Non-application — transit

(8) Subsection (1) does not apply to a person

(a) who is a habitual resident of the remote communities of Northwest Angle, Minnesota or Point Roberts, Washington and who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leaves the conveyance while in Canada; or
(b) who is a habitual resident of a place in Alaska and who enters Canada via Yukon or British Columbia to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada.

Non-application — contraindications

(9) Subsection (1) does not apply to a person if they have a contraindication to a COVID-19 vaccine dosage regimen, within the meaning of the Quarantine Order, and they comply with the requirement under that Order to provide evidence confirming that fact.

Non-application — evacuated person

5 (1) Sections 2 and 3 and subsection 4(1) do not apply to a person or any member of a class of persons who enters Canada on board a conveyance organized by the Government of Canada and is authorized by the Minister of Health, the Minister of Foreign Affairs and the Minister of Citizenship and Immigration to be evacuated from a country and who, as determined by the Minister of Foreign Affairs or the Minister of Citizenship and Immigration, is in exigent circumstances and suffering hardship, if the person complies with the conditions that the Minister of Health may impose to minimize the risk of introduction or spread of COVID-19.

Non-application — crew member

(2) Sections 2 and 3 do not apply to a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations who enters Canada on board a conveyance organized by the Government of Canada that transports a person referred to in subsection (1).

Quarantine

6 A foreign national who is not a fully vaccinated person is prohibited from entering Canada if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.

Immediate Measures

Minister of Health’s power

7 (1) Despite any other provision of this Order, other than section 8, the Minister of Health may — if the Minister determines that immediate measures are necessary to minimize the introduction or spread of a variant of concern in Canada — prohibit, for a period of no more than 30 days, a foreign national or any member of a class of foreign nationals from entering Canada, if, within a period of 14 days before the day on which they seek to enter Canada, they were in a country where, as determined by the Minister,

(a) there is an outbreak of the variant of concern; or
(b) there are reasonable grounds to believe that there is an outbreak of that variant.

Factors

(2) For the purposes of subsection (1), the Minister of Health must consider the following factors:

(a) any scientific evidence and other data indicating that the variant of concern could pose an imminent and severe risk to public health in Canada;
(b) any scientific evidence and other data relating to an outbreak of the variant of concern in the foreign country or the reasonable grounds to believe that there is an outbreak of that variant;
(c) any declaration by international organizations such as the World Health Organization concerning an outbreak of the variant of concern and the imminent and severe risk that it poses to public health;
(d) the likelihood or degree of exposure of the person or the member of the class of persons to the variant of concern;
(e) any other factor relevant to minimizing the risk of the introduction and spread of the variant of concern in Canada; and
(f) any relevant information relating to the public interest.

Non-application

(3) Subsection (1) does not apply to

(a) a person who is on board an aircraft bound for Canada or in transit to their final destination in Canada at the time when there is a determination made under subsection (1) in respect of the country they were in within a period of 14 days before the day on which they seek to enter Canada;
(b) 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;
(c) a person who seeks to enter Canada because of a medical emergency or to receive any essential medical service or treatment;
(d) an asymptomatic person accompanying a person referred to in paragraph (c) if the person referred to in that paragraph is
- (i) a dependent child, or
- (ii) an asymptomatic person requiring assistance in accessing the essential medical services or treatments; or
(e) a person who arrives by means of a vessel, as defined in section 2 of the Canada Shipping Act, 2001, if the vessel departs no later than the day on which a determination is made in accordance with subsection (1) in respect of the country they were in within a period of 14 days before the day on which they seek to enter Canada and has a scheduled destination of Canada on its departure.

Application

Non-application

8 This Order does not apply to

(a) a person registered as an Indian under the Indian Act;
(b) a person who has been recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations who is issued a permanent resident visa under subsection 139(1) of those regulations;
(c) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who seeks to enter Canada as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations;
(d) a person who seeks to enter Canada from the United States for the purpose of making a claim for refugee protection;
(e) a protected person;
(f) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance, if the person is continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person does not land in Canada and the conveyance does 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 does not land while in Canada; or
(g) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance and then re-enters Canada on board the conveyance, if the person was continuously on board that conveyance while outside Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not make contact with another conveyance, moor or anchor while outside Canada, or
- (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

Powers and Obligations

Powers and obligations

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

Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

March 31, 2022

10 This Order ceases to have effect at 23:59:59 Eastern Daylight Time on March 31, 2022.

Repeal

11 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada) ^{footnote 1} is repealed.

Coming into Force

February 28, 2022

12 This Order comes into force at 00:01:00 Eastern Standard Time on February 28, 2022.

SCHEDULE

(Paragraph 4(5)(g))

Occupational Categories
Item	Column 1 Unit Group	Column 2 National Occupational Classification Code
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 and beverage 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 (Prohibition of Entry into Canada), is made pursuant to section 58 of the Quarantine Act.

The Order repeals and replaces Order in Council P.C. 2022-41 of the same title, which came into force on January 31, 2022.

The new Order is complemented by the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) [the Quarantine Order] made under the Quarantine Act, which imposes testing, isolation, quarantine, and other requirements to prevent the introduction or spread of COVID-19, and also by domestic travel-related measures.

This Order will be in effect from 00:01:00 EST on February 28, 2022, until 23:59:59 EDT on March 31, 2022.

Objective

The new 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 foreign nationals from entering Canada from any country if they fail to meet the pre-entry obligations under the Quarantine Order. This Order also continues to prohibit entry of foreign nationals arriving from any country 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 Order maintains the authority of the Minister of Health, should the Minister invoke this authority, to prohibit entry of foreign nationals temporarily, irrespective of vaccination status, if in the 14 days prior to entering Canada they were in a country identified as having an outbreak of a variant of concern as identified by the World Health Organization (WHO).

All changes under the Order are described under the “Implications” section. The new Order extends the duration of the measures until March 31, 2022.

Background

COVID-19

COVID-19 is caused by a novel coronavirus capable of causing severe illness, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although 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), SARS-CoV-2 is more contagious.

COVID-19 was first detected in Wuhan, China, in December 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 two years. Information continues to develop and evolve as new variants of the virus emerge.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through respiratory droplets and aerosols when an infected person breathes, 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, sometimes called aerosols, which linger in the air in some circumstances.

COVID-19 can be a severe, life-threatening respiratory disease. Patients with COVID-19 may present with 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 can vary considerably among those infected, with an estimated median of 5 to 6 days; evidence suggests this could be shorter for the Omicron variant. Approximately 95% of those exposed will develop symptoms within 14 days of exposure. Evidence indicates that the majority of individuals infected with COVID-19 who have a healthy immune system may transmit the virus up to 10 days after symptom onset.

The 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. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new, more transmissible variants of concern of the virus causing COVID-19 has further worsened the negative health impacts of COVID-19.

Evidence indicates that the domestic Omicron wave has peaked. Domestic availability of COVID-19 vaccines and the high rate of full vaccination (a full primary series of a COVID-19 vaccine) among the people of Canada provide protection against infection (though immunity wanes over time) and severe disease. Emerging evidence also suggests that a third (booster) dose provides additional protection against infection, and in particular against severe disease. Domestic hospitalization rates for COVID-19 are decreasing. In addition, Canada has authorized therapeutic products to prevent the virus from multiplying in human cells and to treat the symptoms of COVID-19 so that provinces and territories may administer these drugs, as required.

Based on these factors, effective February 28, 2022, the Government of Canada will adjust its travel health notice from a Level 3 to a Level 2, meaning that the Government will cease recommending that Canadians avoid travel for non-essential purposes.

Testing

Testing capabilities advanced significantly in early 2021. 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 arriving by air to the United States have evidence of a negative pre-departure molecular or antigen test no more than one day prior to boarding a flight to the United States, irrespective of vaccination status. The United States does not currently require testing for entry at the land border.

Antigen tests have a lower sensitivity than molecular tests for detecting COVID-19 over the duration of infection, and are less likely to detect asymptomatic infections. However, evidence indicates that rapid antigen tests (RATs) can detect most cases with high viral load, which are the most likely to be infectious. The reliability of RATs, coupled with their broad international availability, high domestic vaccination rates, and the improving epidemiological situation in Canada, supports adoption of RATs for the purposes of pre-arrival testing of travellers seeking to enter Canada. Accepting RATs under some circumstances brings Canada’s border and travel measures into closer alignment with those of many other countries, including the United States and many G7 allies, which either do not have pre-entry testing requirements in effect or accept evidence from RATs to meet pre-entry testing requirements. In addition, recognizing negative RAT results for Canada’s pre-entry test requirement reduces the barriers to travel, given the higher cost and difficulty of acquiring molecular tests in some jurisdictions.

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 180 days after their infection, even though they are no longer considered infectious. Positive molecular test results of previously infected individuals, for tests performed up to 180 days prior, should not be considered as evidence of a new infection posing risk, but rather that a person 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 a negative pre-arrival test. Requiring that prior positive test results be obtained at least 10 days before the initial scheduled departure (by air) or arrival time (by land) allows for the time needed to become non-infectious, thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada. Due to the possibility of a false positive result from a rapid antigen test, a positive molecular test result will continue to be required as proof of a previous positive COVID-19 infection.

Vaccination

Another technological development assisting in pandemic control measures is COVID-19 vaccines. The COVID-19 vaccines are effective at preventing severe illness, hospitalization, and death from COVID-19. Against earlier variants of concern such as Delta, two doses of the vaccine decreased symptomatic and asymptomatic infection and hence could reduce the risk of transmission of SARS-CoV-2; however, effectiveness varied depending on the COVID-19 vaccine product received and decreased with time since vaccination. Despite the proven efficacy of the COVID-19 vaccines, Omicron has been reported to have a high number of concerning mutations, including mutations to the spike protein, which is the target of the mRNA COVID-19 vaccines, as well as in locations thought to be potential drivers of transmissibility. The concerns about these mutations and potential risks are that this variant of concern is able to spread faster than previous variants (e.g. Delta). Against Omicron, two doses of a COVID-19 vaccine are less effective at decreasing symptomatic or asymptomatic infection, but still offer reasonable protection against severe disease. A booster dose increases protection against severe disease, as well as against infection, but protection remains lower than the protection against earlier variants such as Delta.

Globally, 61.9% of the world population has received at least one dose, and 54.4% is fully vaccinated with a COVID-19 vaccine, as of February 15, 2022. While 72.6% of people in high-income countries have been fully vaccinated, only 10.6% of people in low-income countries have received at least one dose. Vaccine accessibility remains a challenge, especially for children and adolescents.

In the United States, as of January 22, 2022, all inbound foreign national travellers seeking to enter via land ports of entry or ferry terminals — whether for essential or non-essential reasons — must be fully vaccinated for COVID-19 (two weeks after their second dose in a two-dose series, or two weeks after a single-dose vaccine) and provide related proof of vaccination. This is in addition to the December 21, 2021, requirement for all inbound foreign nationals entering the United States by air to be fully vaccinated. There are some exceptions for unvaccinated non-U.S. citizens arriving by air, and these include, but are not limited to, persons on diplomatic or official foreign government travel, children under 18 years of age, persons with documented medical contraindications to receiving a COVID-19 vaccine, and persons issued a humanitarian or emergency exception.

As of February 18, 2022, 76.1% of the total U.S. population has received at least one COVID-19 vaccine dose, 64.6% is fully vaccinated, and 43.1% of the fully vaccinated population has received a booster dose. By comparison, as of February 17, 2022, 85% of the Canadian population had received at least one COVID-19 vaccine dose and over 80% is fully vaccinated. As of February 17, 2022, over 16.8 million Canadians have received a third dose.

The Government of Canada has sought to align exemptions available for international and domestic vaccination-related requirements. In terms of domestic measures, on August 13, 2021, the Government of Canada announced its intent to require COVID-19 vaccination for federal employees and domestic air, rail, and marine travellers. As of October 30, 2021, the Government of Canada requires employers in the federally regulated air, rail, and marine transportation sectors to establish vaccination policies for their employees.

Effective October 30, 2021, air passengers departing from Canadian airports, travellers on VIA Rail and Rocky Mountaineer trains, and travellers 12 years of age and older on non-essential passenger vessels on voyages of 24 hours or more, such as cruise ships, needed to be vaccinated or show a valid COVID-19 negative molecular test taken within 72 hours prior to the scheduled departure time. As of November 30, 2021, all domestic travellers are required to be fully vaccinated, with very limited exceptions to address specific situations such as emergency travel, and those medically unable to be vaccinated.

Effective January 15, 2022, the Government of Canada reduced the number of exemptions for most unvaccinated or partially vaccinated foreign nationals seeking to enter Canada.

Canada’s current list of accepted vaccines for the purposes of entry, which are a requirement for quarantine and other exemptions, includes the current 10 COVID-19 vaccines that have completed the WHO Emergency Use Listing (EUL) process. Five of those are currently authorized by Health Canada for sale and use in Canada. WHO EUL review of new COVID-19 vaccines is an ongoing process as part of efforts to increase vaccine availability and access worldwide. Canada considers new WHO EUL COVID-19 vaccines for border entry purposes based on the available scientific data and review undertaken by the WHO.

Other measures

Even at current levels of vaccination coverage, core public health and personal protective measures, such as limiting travel and contacts in public places, continue to be important for managing the increase in COVID-19 cases, protecting the vulnerable, and reducing the risk of overwhelming health care capacity.

Wearing masks in public places is an effective public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.

COVID-19 situation globally

The cumulative number of COVID-19 cases reported globally is now over 415 million and the number of deaths exceeds 5.8 million. For the week of February 7 to 13, 2022, the global number of new cases reported was over 16 million, a 19% decrease as compared to the previous week, but still relatively high. The large number of weekly case counts appears to be driven by the circulation of the more transmissible Omicron variant, easing of domestic public health and border measures coupled with increased social mixing, and low global vaccine coverage.

According to the WHO weekly report, as of February 13, 2022, the Western Pacific region reported an increase in the incidence of weekly cases, while all other regions reported decreases. The Western Pacific region reported a 19% increase in case reporting, with over 1.5 million new cases representing 10% of the new cases reported globally in the previous week. Europe, reporting over 9.5 million cases in the previous week, accounted for 60% of all new global cases.

Despite efforts to extend vaccination coverage, many countries across all six WHO Regions continue to experience surges in COVID-19 cases. As of February 13, 2022, the countries reporting the highest number of cases in the previous seven days as compared to the prior week were Russia (1.3 million new cases; 23% increase), Germany (1.3 million new cases; similar to previous week), the United States (1.2 million new cases; 43% decrease), Brazil (1.0 million new cases; 19% decrease), and France (0.97 million new cases; 43% decrease). The United States continues to experience very high Omicron-driven COVID-19 activity across the country, with over 130 000 daily new cases reported in the week of February 9 to 15, 2022; however, these rates represent an 82% decrease from the previous month. While the domestic test positivity rate has decreased compared to the previous week (17.9%), it remains high at 12.2%.

In many countries, the spread of more contagious variants of concern has contributed to increased transmission. Since fall of 2020 and throughout 2021, more transmissible variants of the virus were detected in the United Kingdom, South Africa, Brazil, and India and spread to many countries around the globe, including the United States and Canada. International air travel is a vector of global transmission. The Omicron variant currently predominates, with all other variants, including variants of concern (Alpha, Beta, Gamma, and Delta) and variants of interest (Lambda and Mu) continuing to decline in all six WHO regions. Of 432 470 sequences uploaded to the Global Initiative on Sharing All Influenza Data, with specimens collected from January 13 to February 11, 2022, 98.3% were Omicron, 1.7% were Delta and fewer than 0.1% were Lambda. No other variants were reported during this time period.

On December 15, 2021, the Government of Canada reinstated a Level 3 Omicron-SARS-CoV-2 variant of concern global travel health notice to advise against any non-essential travel abroad, due to travellers’ increased risk of being infected with the virus that causes COVID-19 when travelling internationally, as well as the risk of facing difficulties returning to Canada or of having to remain abroad due to travel restrictions by foreign governments. On February 28, 2022, the Government of Canada adjusted its travel health notice from a Level 3 to a Level 2, meaning that the Government ceased recommending that Canadians avoid travel for non-essential purposes.

Nonetheless, the increased transmission associated with these variants increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada.

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. At this time, it is the view of the Government of Canada that 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. With inequities globally with regard to vaccine access, efforts to prevent and control the spread of COVID-19 and variants of concern continue.

COVID-19 situation in Canada

The spread of COVID-19 due to Omicron has surpassed all other waves of the virus previously observed in Canada, and as a result of these unprecedented case levels, testing capacity has been challenged or exceeded in many jurisdictions. Due to these challenges, as well as changes in testing practices and policies in several jurisdictions, it is highly likely that lab positive case counts significantly underestimate the true incidence of disease.

While Canada is past the peak of Omicron, and is seeing significant declines in national cases, hospitalizations, ICU admissions and deaths, all indicators remain elevated and are increasing in some areas. National confirmed daily case counts remain high, with a seven-day moving average of 7 726 daily cases the week ending February 17, 2022. This represents a 24.8% decrease from the previous week. Nationally, for the week ending February 17, 2022, hospitalizations were down 15.9% (seven-day moving average of 7 197) and ICU admissions were down 15.4% (seven-day moving average of 879). Despite remaining at an elevated level, nationally, the seven-day moving average for daily deaths was 92 for the week ending February 17, 2022, a decrease from 119 per day the previous week.

With respect to provincial/territorial testing, an average of over 58 100 daily tests were performed between February 8 and 14, 2022. This was approximately 16.3% fewer daily tests than the previous week. The test positivity rate was 13.8%, down from approximately 16.3% the previous week.

Additional evidence demonstrates that a combination of pre-departure and post-arrival testing facilitates the detection of persons with COVID-19 entering Canada. Identification of cases permits genetic sequencing and the identification of variants of concern, including new variants of concern that may emerge in the future, to support public health efforts to reduce COVID-19 spread.

While Omicron is more transmissible than previous variants, available evidence indicates it is less severe, and vaccines continue to be effective against severe outcomes. The latest data show that hospitalization rates continue to be much higher among unvaccinated versus fully vaccinated cases, ranging from 4 times higher compared to those fully vaccinated, and 13 times higher than those fully vaccinated with an additional dose. As of February 17, 2022, approximately 85% of the Canadian population had received at least one dose of COVID-19 vaccine, with over 80% having received two doses. Almost 56% of children ages 5 to 11 have received at least one dose, and over 16.8 million Canadians have received a third dose. Some provinces have recently announced that they will be making third doses available to adolescents aged 12 to 17 in the coming days and weeks.

Canada has seen a 71% decrease in the number of travellers arriving from the United States in January 2022 compared to January 2019, and a 62% decrease among international travellers arriving from all other countries for the same period (pre-pandemic). However, there has been a 73% increase in the number of travellers arriving from the United States in January 2022 compared to January 2021, and a 158% increase among international travellers arriving from all other countries for the same period.

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, including new variants of concerns 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, combined with aggressive vaccination programs, are necessary to help further reduce the spread of COVID-19 or introduction and spread of new variants of concern in Canada.

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.

Between February 3, 2020, and January 31, 2022, 74 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in significantly reducing the number of travel-related cases.

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, vaccination programs, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families.

The Government of Canada’s phased approach to easing border measures for fully vaccinated travellers is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally. On July 5, 2021, fully vaccinated travellers eligible to enter Canada were granted an exemption from quarantine, subject to meeting the applicable requirements, including providing proof of vaccination. Then, on August 9, 2021, fully vaccinated American citizens and permanent residents arriving from the United States were allowed to enter Canada for optional or discretionary purposes, and exempted from quarantine subject to certain conditions, and as of September 7, 2021, fully vaccinated foreign nationals from all countries were allowed to enter Canada for optional or discretionary purposes and exempted from quarantine, subject to conditions. However, with the November 21, 2021, emergency orders, the Government of Canada introduced additional measures to limit the entry of unvaccinated foreign nationals.

Vaccines are a critical tool in supporting the resumption of fuller societal functioning and to safely achieve widespread immunity. Full vaccination is associated with decreases in hospitalizations and deaths (and corresponding decreased strain on critical care resources). Restricting the entry of unvaccinated travellers remains an important strategy for preventing the introduction of new variants and the spread of COVID-19 in Canada and to reduce the potential burden on the health care system. The Government of Canada has worked to align, where appropriate, rules for domestic and international travel, particularly with respect to exemptions, in order to streamline border processes.

Many countries continue to experience COVID-19 transmission and have different levels of vaccination coverage. In November 2021, the Government introduced the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada — Specified Countries), which prohibited entry of foreign national travellers, with limited exceptions, who had, in the prior 14 days, been in a country with an outbreak or at risk of having an outbreak of the Omicron variant. The Order expired on January 31, 2022. The increased transmission associated with these variants increases the risk of accelerated spread, and there remains the potential for a resurgence of travel-related cases in Canada.

With more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence, and precautionary approach to its border measures for travellers entering Canada. To minimize the risk of further importation or spread of new variants of concern into the country, the Government of Canada is maintaining some measures to help limit introduction and community transmission of COVID-19 and its variants of concern.

Implications

Key impacts for travellers

As was the case under the previous Order, foreign nationals travelling for any purpose will continue to be prohibited entry into Canada from any country 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 will continue to permit the entry of fully vaccinated foreign nationals arriving for any purpose, as long as they have complied with all applicable measures under the Quarantine Order. These include, unless otherwise exempt, the requirement to obtain a negative COVID-19 test result before entering Canada (or proof of a prior positive molecular test result as described in the Quarantine Order).

Travellers will now have the option of possessing and presenting either a polymerase chain reaction molecular test or a negative antigen test in order to meet applicable pre-arrival testing requirements, in the three following scenarios:

(a) Travellers arriving by air can provide a negative 72-hour COVID-19 molecular test result, or a negative COVID-19 antigen test result on a specimen collected no more than one day before the aircraft’s initial scheduled departure time;
(b) Travellers arriving by land can have in their possession and provide, upon request, a negative 72-hour COVID-19 molecular test result, or a negative COVID-19 antigen test result on a specimen collected no more than one day before entering Canada; and
(c) Travellers arriving by water can have in their possession and provide, upon request, a negative 72-hour COVID-19 molecular test result, or a negative COVID-19 antigen test result on a specimen collected no more than one day before entering Canada.

To be valid, an antigen test must be authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained. Travellers can also continue to meet pre-entry testing requirements by providing a negative COVID-19 molecular test result (taken no more than 72 hours before their scheduled flight departure or arrival at the land border or marine port of entry) or a positive COVID-19 molecular test result on a sample collected at least 10 days and no more than 180 days before entering Canada (prior positive antigen test results are not valid). For both antigen and molecular tests, if it is a self-administered test, the test must be observed and the result verified by an accredited laboratory or testing provider. Testing can be carried out via real-time remote audiovisual means, if the accredited lab or testing provider provided the test. If the test is not self-administered, it must be performed by the accredited laboratory or testing provider directly.

Fully vaccinated foreign nationals must continue to provide their pre-arrival COVID-19 test evidence before boarding a flight to Canada. When entering by land or water, travellers must have this evidence in their possession and provide it upon request. They must also submit evidence of COVID-19 vaccination with a vaccine dosage regimen accepted by the Minister of Health. This evidence of vaccination must usually be provided to the Minister of Health by the electronic means specified by the Minister, namely ArriveCAN, the official application / web portal for electronic submissions required under the Quarantine Order. Fully vaccinated foreign nationals seeking to enter Canada must submit the required proof of vaccination in advance of travel to Canada. Unvaccinated foreign nationals remain prohibited from entering unless they qualify for a specific exemption from the prohibitions.

This Order also includes amendments to permit entry of unvaccinated children and dependent persons entering Canada with a parent or guardian with a medical contraindication to vaccination.

The pre-existing exemption for habitual residents of a place in Alaska who enter Canada via Yukon to access another place in Alaska or to return to their place of residence (if neither they nor any other person in the conveyance leave the conveyance while in Canada) has been extended to entry via British Columbia.

The Order does not apply to Canadian citizens, permanent residents of Canada, protected persons, and persons with status under the Indian Act, nor to those only transiting through Canadian airspace or waters. Protected persons entering under a temporary resident permit, such as recognized Convention refugees, will also be exempt from the requirements under this Order.

The new Order will be in effect until March 31, 2022, 23:59:59 EDT.

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, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government agencies, including the Canada Border Services Agency; Indigenous Services Canada; 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; the Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@phac-aspc.gc.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. 2022-178 February 26, 2022

Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;

And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act^{footnote c}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations).

TABLE OF PROVISIONS

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

PART 1

General

1.1 Definitions

1.2 Non-application

1.3 Exempted persons — conditions or requirements

PART 2

COVID-19 Tests

2.1 Entering by aircraft — Pre-boarding test

2.2 Entering by land — pre-arrival test

2.21 Entering by water — pre-arrival test

2.22 Alternative testing protocol — pre-arrival

2.3 Tests in Canada

2.4 Alternative testing protocol — on entry

2.5 Evidence of COVID-19 test — retention

PART 3

Suitable Quarantine Plan and Other Measures

3.1 Suitable quarantine plan

3.2 Suitable quarantine plan — requirement

3.3 Information — countries

3.4 Mask

PART 4

Quarantine of Asymptomatic Persons

4.1 Requirements — quarantine

4.2 Additional requirements

4.3 Unable to quarantine

4.4 Unable to quarantine — additional requirements

4.5 Exempted persons — quarantine

4.6 Exempted persons — medical reason

4.7 Exempted persons — compassionate grounds

4.8 Exempted persons — fully vaccinated persons

4.9 Exempted persons — less than 12 years of age

4.91 Contraindication

4.92 Signs and symptoms or positive test result

4.93 Exception — leaving Canada

PART 5

Isolation of Symptomatic Persons

5.1 Requirements — isolation

5.2 Additional requirements

5.3 Unable to isolate

5.4 Unable to isolate — additional requirements

5.5 Exempted persons — medical reason

5.6 Positive result – requirements

5.7 Exception — leaving Canada

PART 6

Powers and Obligations

6.1 Powers and obligations

PART 7

Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

7.1 March 31, 2022

Repeal

7.2

Coming into Force

7.3 February 28, 2022

SCHEDULE 1

SCHEDULE 2

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

PART 1
General

Definitions

1.1 (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 antigen test

means a COVID-19 screening or diagnostic immunoassay that

(a) detects the presence of a viral antigen indicating the presence of COVID-19;
(b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
(c) if the test is self–administered, is observed and the result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audio-visual means by the accredited laboratory or testing provider who provided the test; and
(d) if the test is not self–administered, is performed by an accredited laboratory or testing provider. (Essai antigénique relatif à la COVID-19)

COVID-19 molecular test

means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that is

(a) if the test is self–administered, observed and the result is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audio-visual means by the accredited laboratory or testing provider who provided the test; or
(b) if the test is not self–administered, performed by an accredited laboratory or testing provider. (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 within the meaning of paragraph (a) or (b) 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 antigen test

means written evidence of a COVID-19 antigen test that contains the following information:

(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 accredited laboratory or the testing provider that performed or observed the test and verified the test result;
(c) the date the specimen was collected and the test method used; and
(d) the test result. (preuve d’essai antigénique relatif à la COVID-19)

evidence of a COVID-19 molecular test

means written evidence of a COVID-19 molecular test that contains the following information:

(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 accredited laboratory or the testing provider that performed or observed the test and verified the test result;
(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)

fully vaccinated person

means a person who completed, at least 14 days before the day on which they entered Canada, a COVID-19 vaccine dosage regimen if

(a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
(b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19. (personne entièrement vaccinée)

isolation

means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who exhibit 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 material 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 of Canada

has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)

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

means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

testing provider

means

(a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
(b) an organization, such as a telehealth service provider or pharmacy, which may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)

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)

Interpretation — fully vaccinated person

(2) For greater certainty, for the purposes of the definition fully vaccinated person, a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.

Non-application

1.2 This Order does not apply to a person who

(a) enters Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance, if the person is continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person does not land in Canada and the conveyance does 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 does not land while in Canada; or
(b) leaves Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance and then re-enters Canada on board the conveyance, if the person was continuously on board that conveyance while outside Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not make contact with another conveyance, moor or anchor while outside Canada, or
- (ii) in the case of an aircraft, the conveyance did not land while outside Canada.

Exempted persons — conditions or requirements

1.3 (1) The Chief Public Health Officer may take immediate public health measures to minimize the risk of introduction or spread of COVID-19 by imposing conditions or requirements on any person or member of a class of persons exempt under this Order from any requirement set out in it, including

(a) a condition that allows for the collection of information about the likelihood of introduction or spread of COVID-19 by that person or member of a class of persons; or
(b) a requirement referred to in this Order or any similar requirement.

Compliance — conditions or requirements

(2) A person who is exempted from any requirement under this Order and on whom the conditions or requirements are imposed under subsection (1) must comply with them in order to remain exempted from the requirement.

Factors to consider

(3) For the purposes of subsection (1), the Chief Public Health Officer must consider the following factors:

(a) the risk to public health posed by COVID-19;
(b) the likelihood or degree of exposure of the person or member of the class of persons to COVID-19 prior to entry into Canada;
(c) the likelihood that the person or member of the class of persons could introduce or spread COVID-19;
(d) the extent of the spread of COVID-19 in any place where the person or member of the class of persons travelled;
(e) any scientific evidence indicating that a new variant of the virus that causes COVID-19 is spreading in a place where the person or member of the class of persons travelled;
(f) the likelihood that the person or member of the class of persons could pose an imminent and severe risk to public health in Canada; and
(g) any other factor consistent with the purposes of the Quarantine Act that the Chief Public Health Officer considers relevant.

PART 2
COVID-19 Tests

Entering by aircraft — Pre-boarding test

2.1 (1) 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 or evidence of a COVID-19 antigen test indicating that they received

(a) a negative result for a COVID-19 molecular test that was performed outside Canada on a specimen collected no more than 72 hours, or within another period set out under the Aeronautics Act, before the aircraft’s initial scheduled departure time;
(b) a negative result for a COVID-19 antigen test that was performed outside Canada on a specimen collected no more than one day, or within another period set out under the Aeronautics Act, before the aircraft’s initial scheduled departure time; or
(c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the aircraft’s initial scheduled departure time.

Exempted persons

(2) Subsection (1) does not apply to

(a) a person referred to in Table 1 of Schedule 1; and
(b) a person referred to in section 2.22.

Entering by land — pre-arrival test

2.2 (1) Every person must, when entering Canada by land,

(a) have in their possession evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test indicating that they received
- (i) a negative result for a COVID-19 molecular test that was performed outside Canada on a specimen collected no more than 72 hours before they enter Canada,
- (ii) a negative result for a COVID-19 antigen test that was performed outside Canada on a specimen collected no more than one day before they enter Canada, or
- (iii) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before they enter Canada; and
(b) provide upon request the evidence referred to in paragraph (a) to the Minister of Health, screening officer or quarantine officer.

Exempted persons

(2) Subsection (1) does not apply to

(a) a person referred to in Table 2 of Schedule 1; and
(b) a person referred to in section 2.22.

Entering by water — pre-arrival test

2.21 (1) Every person must, before and when entering Canada by water,

(a) have in their possession evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test indicating that they received
- (i) a negative result for a COVID-19 molecular test that was performed outside Canada on a specimen collected no more than 72 hours before they enter Canada,
- (ii) a negative result for a COVID-19 antigen test that was performed outside Canada on a specimen collected no more than one day before they enter Canada, or
- (iii) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before they enter Canada; and
(b) provide upon request the evidence referred to in paragraph (a) to the Minister of Health, screening officer or quarantine officer.

Exempted persons

(2) Subsection (1) does not apply to

(a) a person referred to in Table 3 of Schedule 1; and
(b) a person referred to in section 2.22.

Alternative testing protocol — pre-arrival

2.22 A person or any member of a class of persons who is required to provide or have in their possession evidence under paragraph 2.1(1)(a) or (b) or subparagraph 2.2(1)(a)(i) or (ii) or 2.21(1)(a)(i) or (ii) and who is designated by the Chief Public Health Officer must, before or when entering Canada, if the person enters by land or water, or before boarding the aircraft for the flight to Canada, if the person enters by air, and in accordance with the instructions of the Chief Public Health Officer,

(a) undergo a COVID-19 molecular test or a COVID-19 antigen test in accordance with an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:
- (i) the number of tests,
- (ii) the test method of each test,
- (iii) the location where each test is administered,
- (iv) the frequency of the tests,
- (v) the timing of the tests, and
- (vi) any extraordinary circumstances;
(b) provide to the Minister of Health, screening officer or quarantine officer evidence of the COVID-19 molecular test or evidence of the COVID-19 antigen test referred to in paragraph (a).

Tests in Canada

2.3 (1) Subject to subsections (1.1) and (3) to (5), every person who enters Canada 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.

Chief Public Health Officer — exempted persons

(1.1) Subject to subsections (3) and (4), the Chief Public Health Officer may, having regard to the factors set out in subsection 1.3(3), exempt from the requirements set out in paragraph (1)(a) or (b), or both, any person referred to in subsection (1) or any member of a class of those persons, other than the following persons:

(a) a person who is referred to in subsection 5.1(1);
(b) a person who is referred to in item 15 of Table 1 of Schedule 1;
(c) a fully vaccinated person who
- (i) enters Canada by land from the United States at a place other than 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 with the intent to make a claim for refugee protection, and
- (ii) does not provide the evidence referred to in paragraph 2.2(1)(a); and
(d) a person who is less than 12 years of age, who is not a fully vaccinated person and enters Canada with one of their parents, step-parents, guardians or tutors who is a person referred to in paragraph (c).

COVID-19 molecular test — on request

(1.2) On the request, made in a randomized manner, of the Chief Public Health Officer, a person referred to in subsection (1.1) must, during the 14-day period that begins on the day on which the person enters Canada, undergo a COVID-19 molecular test in accordance with the instructions of a quarantine officer or the Minister of Health.

Expense

(2) For greater certainty, the person who must undergo the COVID-19 molecular tests must do so at their 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 by Her Majesty in right of a province.

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo, when or after entering Canada, the COVID-19 molecular test, in which case the person must follow the instructions of the quarantine officer.

Exempted persons — subsections (1) and (1.2)

(4) Subsections (1) and (1.2) do not apply to

(a) a person referred to in Table 2 of Schedule 2; and
(b) a person referred to in subsection 2.4(2).

Exempted persons — paragraph (1)(b)

(5) Paragraph (1)(b) does not apply to

(a) a fully vaccinated person who provides the evidence of COVID-19 vaccination that they are required to provide under this Order; and
(b) a person referred to in paragraph 4.9(b).

Alternative testing protocol — on entry

2.4 (1) The persons referred to in subsection (2) who enter Canada must, subject to subsection (3) and in accordance with the instructions of a quarantine officer, undergo a COVID-19 molecular test in accordance with an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account 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 extraordinary circumstances.

Persons subject to alternative testing protocol

(2) The persons undergoing a test in accordance with an alternative testing protocol under 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 4.7(1).

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo a test in accordance with the alternative testing protocol, in which case the person must follow the instructions of the quarantine officer.

Exempted persons — positive result

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

Evidence of COVID-19 test — retention

2.5 (1) Every person who enters Canada must

(a) retain the evidence they are required to provide or have in their possession under subsection 2.1(1), 2.2(1) or 2.21(1) or paragraph 2.22(b) or evidence of a COVID-19 molecular test referred to in subsection 2.3(1) or (1.2) during the following periods:
- (i) if the person is not required to isolate themselves, the 14-day period that begins on the day on which the person enters Canada and the period referred to in subsection 4.92(3), and
- (ii) if the person is required to isolate themselves, any isolation period;
(b) retain the evidence of the result for a test 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 paragraphs (a) and (b) to any official of the Government of Canada, including a public health official, 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
Suitable Quarantine Plan and Other Measures

Suitable quarantine plan

3.1 (1) A suitable quarantine plan must meet the following requirements:

(a) it includes the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which the person enters Canada;
(b) it includes their contact information for the 14-day period that begins on the day on which they enter Canada; and
(c) it indicates that the place of quarantine meets the conditions set out in subsection (2).

Place of quarantine — conditions

(2) The conditions for the place of quarantine are the following:

(a) it allows the person 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 until the expiry of the period referred to in paragraph 2.5(1)(a);
(b) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent, step-parent or dependent child in a parent-child relationship;
(c) it allows no other person to be present at the place, unless that person resides there habitually;
(d) it allows the person to have access to a bedroom at the place that is separate from the one used by persons who did not travel and enter Canada with that person;
(e) it allows the person to access the necessities of life without leaving that place; and
(f) it 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.

Suitable quarantine plan — requirement

3.2 (1) Subject to subsection (2), every person who enters Canada must provide to the Minister of Health, screening officer or quarantine officer a suitable quarantine plan that meets the requirements set out in section 3.1.

Exception — contact information

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

Timing

(3) The person who provides their suitable quarantine plan or their contact information must do so,

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

Electronic means

(4) A person who enters Canada must provide their suitable quarantine plan or their contact information 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 of Health, are unable to provide their plan by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the plan must be provided in the form and manner and at the time specified by the Minister of Health.

Persons in transit

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

Information — countries

3.3 (1) Every person who enters Canada must disclose to the Minister of Health, screening officer or quarantine officer the countries that they were in during the 14-day period before the day on which they enter Canada.

Information and evidence of vaccination

(2) Every person who enters Canada must

(a) disclose to the Minister of Health, screening officer or quarantine officer information related to their COVID-19 vaccination, including whether they received a COVID-19 vaccine, the brand name or any other information that identifies the vaccine that was administered, the dates on which the vaccine was administered and the number of doses received; and
(b) if they are a fully vaccinated person, provide the Minister of Health, screening officer or quarantine officer the evidence of COVID-19 vaccination referred to in subsection (4).

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirements referred to in subsection (2), in which case the person must follow the instructions of the quarantine officer.

Elements — evidence of vaccination

(4) Subject to subsection (5), the evidence of COVID-19 vaccination means evidence issued by a non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, by a government or by an entity authorized by a government, and must contain the following information:

(a) the name of the person who received the vaccine;
(b) the name of the government or the name of the entity;
(c) the brand name or any other information that identifies the vaccine that was administered; and
(d) the dates when the vaccine was administered or, if the evidence is one document issued for both doses and the document only specifies the date when the most recent dose was administered, that date.

Evidence of vaccination — translation

(5) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Timing — countries

(6) A person who is required to provide the information referred to in subsection (1) must do so,

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

Timing — COVID-19 vaccination

(7) A person who is required to provide the information referred to in paragraph (2)(a) or the evidence of COVID-19 vaccination referred to in paragraph (2)(b) must do so,

(a) if the person enters Canada by aircraft,
- (i) in the case of a foreign national who seeks to enter Canada based on their status as a fully vaccinated person, before boarding the aircraft for the flight to Canada, or
- (ii) in all other cases, before entering Canada;
(b) if the person enters Canada by land, before entering Canada; or
(c) if the person enters Canada by water, before or when entering Canada.

Electronic means

(8) A person who enters Canada must provide the information referred in subsection (1) and paragraph (2)(a) and the evidence of COVID-19 vaccination referred to in paragraph (2)(b) that they are required to provide 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 of Health, are unable to provide their information by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the information must be provided in the form and manner and at the time specified by the Minister of Health.

Evidence of vaccination — retention

(9) Every person who enters Canada and who is required to provide evidence of COVID-19 vaccination must, during the period referred to in paragraph 2.5(1)(a),

(a) retain the evidence of COVID-19 vaccination;
(b) if the evidence of COVID-19 vaccination is a certified translation, retain the original version of that evidence; and
(c) provide, on request, the evidence of COVID-19 vaccination and, if , the original version of that evidence to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.

Answers, information and records

(10) Every person who enters Canada must, for the purposes of the administration of this Order, before entering Canada and during the period referred to in 2.5(1)(a),

(a) answer any relevant questions asked by a screening officer, a quarantine officer, a peace officer or a public health official designated under subsection (11) or asked on behalf of the Chief Public Health Officer; 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 may request, in the form and manner and at the time specified by the officer, official or Chief Public Health Officer.

Designation

(11) The Chief Public Health Officer may designate any person as a public health official.

Mask

3.4 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the period referred to in 2.5(1)(a), 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 4.5, subsection 4.7(1) or section 4.8, 4.9 or 4.91, is not required to enter or remain in quarantine 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.

Exempted persons

(3) This section does not apply to a person who

(a) needs to remove their mask for security or safety reasons;
(b) is less than two years of age; or
(c) 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 — quarantine

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

(a) that meets the conditions set out in subsection 3.1(2); and
(b) that is considered suitable by the Chief Public Health Officer, screening officer or quarantine 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, screening officer or quarantine officer considers relevant.

Additional requirements

4.2 A person who is required to quarantine under this Order must

(a) report their arrival at, and the civic address of, their place of quarantine within 48 hours after entering Canada, in the case of a person referred to in section 4.1, or after their arrival at the place of quarantine, in the case of a person referred to in subsection 4.92(3), to the Minister of Health, screening officer or quarantine officer, 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 of Health, are unable to report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health; and
(b) while they remain in quarantine,
- (i) monitor for signs and symptoms of COVID-19, and
- (ii) report daily on their health status relating to signs and symptoms of COVID-19 to the Minister of Health, screening officer or quarantine officer, 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 of Health, are unable to report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health.

Unable to quarantine

4.3 (1) A person who is required to quarantine under this Order is considered unable to quarantine themselves if

(a) the person refuses to undergo a COVID-19 molecular test under subsection 2.3(1) or (1.2) or 2.4(1);
(b) the person has not provided a suitable quarantine plan in accordance with this Order; or
(c) the person cannot quarantine themselves in accordance with section 4.1 or subsection 4.92(3).

Quarantine facility or other suitable place

(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 or subsection 4.92(3), 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; and
(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 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 period.

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 that begins on the day on which the person enters Canada or the period referred to in subsection 4.92(3), in order to quarantine themselves in a place that meets the conditions set out in section 4.1 and must, if , meet the requirements set out in section 4.2.

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.

Unable to quarantine — additional requirements

4.4 A person referred to in subsection 4.3(2) or (3) must,

(a) report their arrival at the quarantine facility or a place of quarantine to a screening officer or quarantine officer within 48 hours after entering the quarantine facility or the place of quarantine, unless the person has already reported their arrival at their place of quarantine under paragraph 4.2(a);
(b) while they remain in quarantine in accordance with paragraph 4.3(2)(b),
- (i) monitor for signs and symptoms of COVID-19, and
- (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
(c) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Exempted persons — quarantine

4.5 Sections 4.1 to 4.4 do not apply to a person referred to in Table 1 of Schedule 2 if

(a) the person meets the applicable requirements referred to in subsection 2.1(1), 2.2(1) or 2.21(1) or paragraph 2.22(b) or the person does not meet the requirements but subsequently receives a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable; and
(b) the person monitors for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada.

Exempted persons — medical reason

4.6 (1) Sections 4.1 to 4.4 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, if 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.

Accompanying person

(2) 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.

Other cases

(3) The requirements set out in sections 4.1 to 4.4 do not apply to a person if

(a) the person is admitted into a health care facility and is 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.

Exempted persons — compassionate grounds

4.7 (1) Subject to subsection (3), sections 4.1, 4.3 and 4.4 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 provide support to a Canadian citizen, permanent resident of Canada, 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 health care practitioner who is licensed in Canada, or to attend to their death,
- (ii) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada 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 an activity referred to in paragraph (a) will take place indicating that government opposes the non-application of sections 4.1, 4.3 and 4.4 to persons who engage in that activity in that province;
(c) determines, if the person seeks to engage in an activity referred to in paragraph (a) at a location other than a public outdoor location, that the person in charge of the location does not object to the former person being present to engage in that activity at that location; and
(d) determines that an activity referred to in paragraph (a) is expected to take place during the 14-day period that begins on the day on which the person enters Canada and receives evidence that the circumstances necessitate a release from the requirement to quarantine.

Conditions

(2) Subsection (1) applies while the person engages in one of the activities referred to in paragraph (1)(a) and if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Exempted persons

(3) Subsection (1) does not apply to a person who

(a) does not meet the applicable requirements referred to in subsection 2.1(1), 2.2(1) or 2.21(1) or paragraph 2.22(b), unless they receive a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable; or
(b) develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 test.

Orders made under Quarantine Act

(4) For the purposes of any order made under section 58 of the Quarantine Act, the non-application of sections 4.1, 4.3 and 4.4 under this section is a limited release from the requirement to quarantine on compassionate grounds.

Exempted persons — fully vaccinated persons

4.8 Sections 4.1 to 4.4 do not apply to a fully vaccinated person who enters Canada if

(a) in the case of a person who is not referred to in paragraph 2.3(1.1)(c), the person
- (i) meets the applicable requirements referred to in subsection 2.1(1), 2.2(1) or 2.21(1) or paragraph 2.22(b) or they do not meet the requirements but subsequently receive a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable,
- (ii) provides the information referred to in paragraph 3.3(2)(a) in accordance with subsections 3.3(3), (8) and (10),
- (iii) provides the evidence referred to in paragraph 3.3(2)(b) in accordance with subsections 3.3(3) to (5) and (8) to (10),
- (iv) undergoes the COVID-19 molecular test referred to in paragraph 2.3(1)(a) or subsection 2.3(1.2) or 2.4(1) that they are required to undergo, and
- (v) monitors for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada; and
(b) in the case of a person referred to in paragraph 2.3(1.1)(c), the person
- (i) receives a negative result for a COVID-19 molecular test referred to in paragraph 2.3(1)(a),
- (ii) provides the information referred to in paragraph 3.3(2)(a) in accordance with subsections 3.3(3), (8) and (10),
- (iii) provides the evidence referred to in paragraph 3.3(2)(b) in accordance with subsections 3.3(3) to (5) and (8) to (10), and
- (iv) monitors for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada.

Exempted persons — less than 12 years of age

4.9 Sections 4.1 to 4.4 do not apply to a person who is not a fully vaccinated person and is less than 12 years of age if

(a) in the case of a person who is not referred to in paragraph 2.3(1.1)(d), the person
- (i) enters Canada with one of their parents, step-parents, guardians or tutors who meets the conditions set out in paragraph 4.8(a), and
- (ii) meets the applicable requirements referred to in subsection 2.1(1), 2.2(1) or 2.21(1) or paragraph 2.22(b) or they do not meet the requirements but subsequently receive a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable;
(b) in the case of a person referred to in paragraph 2.3(1.1)(d) who is five years of age or older, the person
- (i) enters Canada with one of their parents, step-parents, guardians or tutors who is a person referred to in paragraph 2.3(1.1)(c) and who meets the conditions set out in paragraph 4.8(b), and
- (ii) receives a negative result for a COVID-19 molecular test referred to in paragraph 2.3(1)(a); and
(c) in the case of a person referred to in paragraph 2.3(1.1)(d) who is less than five years of age, the person enters Canada with one of their parents, step-parents, guardians or tutors who is a person referred to in paragraph 2.3(1.1)(c) and who meets the conditions set out in paragraph 4.8(b).

Contraindication

4.91 (1) For the purposes of this section, a contraindication to a COVID-19 vaccine dosage regimen is a medical reason that prevents a person in a class of persons from completing a COVID-19 vaccine dosage regimen according to

(a) the terms of market authorization of the relevant COVID-19 vaccines in the country in which the person resides; or
(b) the opinion of the Minister of Health, on the recommendation of the Chief Public Health Officer, having regard to scientific evidence related to the health effects of a COVID-19 vaccine dosage regimen or any other relevant information.

Exempted persons — persons with contraindications

(2) Sections 4.1 to 4.4 do not apply to a person 12 years of age or older and who is not a fully vaccinated person if

(a) they have in their possession written evidence from a physician who is licensed to practise medicine, or other evidence considered reliable by the Minister of Health, on the recommendation of the Chief Public Health Officer, confirming that they have a contraindication to a COVID-19 vaccine dosage regimen; and
(b) during the 14-day period that begins on the day on which the person enters Canada,
- (i) they meet the applicable requirements referred to in subsection 2.1(1), 2.2(1) or 2.21(1) or paragraph 2.22(b) or they do not meet the requirements but subsequently receive a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable,
- (ii) they undergo the COVID-19 molecular tests referred to in subsection 2.3(1) or 2.4(1) that they are required to undergo,
- (iii) they avoid all contact with vulnerable persons,
- (iv) they monitor for signs and symptoms of COVID-19, and
- (v) they comply with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Evidence — translation

(3) The evidence referred to in paragraph (2)(a) must be in English or French and any translation into English or French must be a certified translation.

Evidence — retention

(4) Every person who enters Canada and who is required to have in their possession the evidence referred to in paragraph (2)(a) must, during the applicable period referred to in paragraph 2.5(1)(a),

(a) retain the evidence;
(b) if the evidence is a certified translation, retain the original version of that evidence; and
(c) provide, on request, the evidence and, if applicable, the original version of that evidence to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.

Signs and symptoms or positive test result

4.92 (1) Every person, other than a person referred to in section 4.9, who develops signs and symptoms of COVID-19 or receives a positive result for any type of COVID-19 test before the expiry of the 14-day period that begins on the day on which the person enters Canada must

(a) report the signs and symptoms or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
(b) isolate themselves in accordance with the requirements set out in Part 5 for a 10-day period that begins on
- (i) in the case of a person who develops signs and symptoms of COVID-19, the day on which the person developed the signs and symptoms, or
- (ii) in the case of a person who receives a positive result,
  - (A) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
  - (B) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.

Persons less than 12 years of age

(2) If the person referred to in section 4.9 develops signs and symptoms of COVID-19 or receives a positive result for any type of COVID-19 test before the expiry of the 14-day period that begins on the day on which the person enters Canada,

(a) they or the parent, step-parent, guardian or tutor referred to in section 4.9 must report the signs and symptoms or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
(b) they must isolate themselves in accordance with the requirements set out in Part 5 for a 10-day period that begins
- (i) in the case of a person who develops signs and symptoms of COVID-19, the day on which the person developed signs and symptoms of COVID-19, or
- (ii) in the case of a person who receives a positive result,
  - (A) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
  - (B) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.

Exposure to a person

(3) Every person who enters Canada after travelling with a person who exhibits signs and symptoms of COVID-19 or receives a positive result for any type of COVID-19 test, before the expiry of the 14-day period that begins on the day on which the person enters Canada, must quarantine themselves in a place that meets the conditions set out in section 4.1 and must meet the requirements set out in Part 4 during the 14-day period that begins on the day on which the person was most recently exposed to the other person.

Exception — leaving Canada

4.93 A person to whom section 4.1 or 4.3 or subsection 4.92(3) applies may leave Canada before the expiry of the 14-day period set out in those provisions only if they quarantine themselves until they depart from Canada.

PART 5
Isolation of Symptomatic Persons

Requirements — isolation

5.1 (1) Every person who enters Canada and who has reasonable grounds to suspect they have COVID-19, exhibits signs and symptoms of COVID-19, knows that they have COVID-19 or has received a positive result for any type of COVID-19 test that was performed on a specimen collected within a period of 10 days before the day on which they enter Canada or on the day on which they enter Canada must isolate themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer in a place that meets the conditions set out in subsection (2) and remain in isolation until the expiry of the 10-day period that begins on the day on which the person enters Canada or any other applicable isolation period.

Place of isolation — conditions

(2) The applicable conditions for the place of isolation are the following:

(a) it is directly accessible by a private conveyance that is shared with only persons who travelled and entered Canada with the person;
(b) it allows the person to remain in isolation during the applicable isolation period;
(c) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent, step-parent or dependent child in a parent-child relationship and no alternative care arrangement is available;
(d) it allows the person to avoid all contact with any other people unless they are required or are directed to go to a place to seek medical care, in which case they must meet the requirements set out in subsection 5.5(3);
(e) it allows the person to have access to a bedroom that is separate from those used by all other persons;
(f) it allows the person to have access to a bathroom that is separate from those used by all other persons, or if not, at the discretion of the quarantine officer, it allows the person to follow the instructions of the quarantine officer;
(g) it allows the person to have access to the necessities of life without leaving that place;
(h) it allows the person to access local public health services;
(i) it allows the person to provide a specimen collected for a COVID-19 molecular test for the purposes of subsection 2.3(1); and
(j) it is considered suitable by the Chief Public Health Officer, screening officer or quarantine 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, screening officer or quarantine officer considers relevant.

Additional requirements

5.2 A person who is required to isolate under this Order must

(a) within 48 hours after entering Canada, in the case of a person referred to in subsection 5.1(1), or after their arrival at the place of quarantine, in the case of a person referred to in subsection 4.92(1) or (2), report their arrival at, and the civic address of, the place of isolation to the Minister of Health, screening officer or quarantine officer, 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 of Health, are unable to report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health;
(b) while they remain in isolation in accordance with section 5.1, 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; and
(c) within 24 hours of receiving the following results, report them to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health:
- (i) a positive result for a COVID-19 molecular test referred to in subsection 2.3(1) that was performed on a specimen collected during the applicable isolation period, received either before or after the expiry of that period, and
- (ii) any positive result for any other COVID-19 test performed on a specimen collected during the applicable isolation period, received either before or after the expiry of that period.

Unable to isolate

5.3 (1) A person referred to in subsection 4.92(1) or (2), or 5.1(1) is considered unable to isolate themselves if

(a) the person refuses to undergo the COVID-19 molecular test under subsection 2.3(1);
(b) it is necessary for the person to use public 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; or
(c) the person cannot isolate themselves in accordance with subsection 4.92(1) or (2), or 5.1(1).

Quarantine facility or other suitable place

(2) A person who, at the time of entry into Canada or at any other time during the applicable isolation period referred to in subsection 4.92(1) or (2), or 5.1(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; and
(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 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 period.

Change of place

(3) A person may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the applicable isolation period, in order to isolate themselves in a place that meets the conditions set out in subsection 5.1(2) and must, if applicable, meet the requirements set out in section 5.2.

Choice of quarantine facility

(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the factors set out in subsection 4.3(4), with any necessary modifications.

Unable to isolate — additional requirements

5.4 The person referred to in subsection 5.3(2) or (3) must

(a) report their arrival at the quarantine facility or the place of isolation, as the case may be, to a screening officer or quarantine officer within 48 hours after entering the facility or the place, unless the person has already reported their arrival at their place of isolation under paragraph 5.2(a); and
(b) while they remain in isolation in accordance with paragraph 5.3(2)(b), 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.

Exempted persons — medical reason

5.5 (1) Sections 5.1 to 5.4 do not apply to a person who meets the requirements set out in subsection (3)

(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, if 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.

Accompanying person

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

Requirements

(3) For the purposes of subsection (1) and (2), the person must

(a) wear a mask to go to and return from a health care facility or a place to undergo a COVID-19 molecular test;
(b) not take public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to go to and return from that facility or place; and
(c) not go to any other place.

Other cases

(4) The requirements set out in sections 5.1 to 5.4 do not apply to a person if

(a) the person is admitted into a health care facility and is 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.

Positive result — requirements

5.6 If the person receives a positive result for any type of COVID-19 test while they isolate themselves for a reason other than having received a positive result for any type of COVID-19 test, the associated requirements continue to apply and the period in progress is replaced by a new 10-day isolation period that begins on

(a) the date the specimen of the person was collected that was validated and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
(b) if the test provider did not validate the date when the specimen was collected, the test result date that the test provider indicated to the person or to the Minister of Health, screening officer or quarantine officer.

Exception — leaving Canada

5.7 A person who must isolate themselves in accordance with this Order cannot leave Canada before the expiry of the applicable isolation period, except in a private conveyance and at the discretion of and in accordance with the instructions of a quarantine officer.

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 does not affect any of the powers and obligations under the Food and Drugs Act;
(c) this Order may be administered and enforced using electronic means; and
(d) any instruction to be followed under this Order includes any instruction that is provided after the time of entry into Canada.

PART 7
Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

March 31, 2022

7.1 This Order ceases to have effect at 23:59:59 Eastern Daylight Time on March 31, 2022.

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

February 28, 2022

7.3 This Order comes into force at 00:01:00 Eastern Standard Time on February 28, 2022.

SCHEDULE 1

(Paragraphs 2.1(2)(a), 2.2(2)(a) 2.21(2)(a) and 2.3(1.1)(b))

Exempted Persons — COVID-19 Test Before Entering Canada

TABLE 1

Entering by Aircraft
Item	Persons
1	A person who is less than five years of age
2	A crew member, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
3	A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer, (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and (b) the requirement referred to in subsection 2.1(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
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 for whom the release from the requirement set out in subsection 2.1(1) of this Order is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health 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 all 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 of Canada, 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 health care practitioner in Canada who is licensed to practise their profession in Canada, indicating 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 health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
13	A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all 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 all 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 2.1(1) of this Order
16	Any person who takes a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test or COVID-19 antigen test to be administered to the person before boarding the aircraft for the flight to Canada
17	A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada, who has been denied entry into a foreign country and who must board a flight destined to Canada
18	A person who plans to arrive at a Canadian airport on board an aircraft in order to transit to another country and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada
19	A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in another country and who, if they are not a fully vaccinated person, does 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
20	A person who made a claim for refugee protection when entering Canada from the United States
21	An operator of a commercial motor vehicle who seeks to enter Canada for the purpose of delivering by land medically necessary supplies, equipment or devices
22	A person referred to in subsection 5(1) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada)

TABLE 2

Entering by Land
Item	Persons
1	A person who is less than five years of age
2	A crew member, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
3	A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer, (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and (b) the requirements referred to in subsection 2.2(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
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 for whom the release from the requirements set out in subsection 2.2(1) of this Order is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health 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 all 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 Canadian citizen, permanent resident of Canada, 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 health care practitioner in Canada who is licensed to practise their profession in Canada, indicating 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 health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
12	A person in the trade or transportation sector who is important for the movement of goods or people, who enters Canada for the purpose of performing their duties as a member of that sector, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
13	A person who enters Canada at a land border crossing in either of 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
14	A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in the United States and who, if they are not a fully vaccinated person, does 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
15	A habitual resident of the remote communities of Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
16	A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who seeks to enter Canada to carry out everyday functions within neighbouring communities of their community, if the person intends to remain in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country
17	A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remains in those communities while in the United States
18	A fully vaccinated person who enters Canada from the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington
19	A fully vaccinated person who (a) enters the remote community of Campobello Island, New Brunswick by land via the United States after having left mainland Canada; or (b) enters mainland Canada by land via the United States after having left Campobello island, New Brunswick
20	A habitual resident of Akwesasne, which is 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 everyday functions within that community
21	A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
22	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 sections 4.1 and 4.3 of this Order
23	A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 22 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
24	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 and who, if they are not a fully vaccinated person, does 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
25	A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 24 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
26	A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
27	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
28	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
29	A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having been in the United States only to access the necessities of life from the closest American community where such necessities of life are available
30	A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all 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
31	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 all 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
32	A person who, in extraordinary circumstances, is released by a quarantine officer from the requirements referred to in subsection 2.2(1) of this Order, in which case the person must follow the instructions of the quarantine officer
33	A habitual resident of a place in Alaska who enters Canada via Yukon or British Columbia to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
34	A person who enters Canada from the United States with the intent to make a claim for refugee protection
35	An operator of a commercial motor vehicle who seeks to enter Canada for the purpose of delivering by land medically necessary supplies, equipment or devices
36	A person referred to in subsection 5(1) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada)

TABLE 3

Entering by Water
Item	Persons
1	A person who is less than five years of age
2	A crew member, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
3	A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer, (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and (b) the requirements referred to in subsection 2.21(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
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 for whom the release from the requirements set out in subsection 2.21(1) of this Order is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health 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 all 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 in the trade or transportation sector who is important for the movement of goods or people who enters Canada for the purpose of performing their duties as a member of that sector, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
12	A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in the United States and who, if they are not a fully vaccinated person, does 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
13	A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who seeks to enter Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country
14	A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remained in those communities while in the United States
15	A habitual resident of Akwesasne, which is 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 everyday functions within that community
16	A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
17	A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having been in the United States only to access the necessities of life from the closest American community where such necessities of life are available
18	A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all 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
19	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 all 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
20	A person who, in extraordinary circumstances, is released by a quarantine officer from the requirements referred to in subsection 2.21(1) of this Order, in which case the person must follow the instructions of the quarantine officer
21	A habitual resident of a place in Alaska who enters Canada via Yukon or British Columbia to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
22	A person who enters Canada by water on board a Safety Convention vessel as defined in section 2 of the Canada Shipping Act, 2001, that is not a pleasure craft as defined in that section, nor a vessel that carries passengers, if the Safety Convention vessel has been travelling for more than 72 hours before arriving at its destination in Canada
23	A person who made a claim for refugee protection when entering Canada from the United States
24	An operator of a commercial motor vehicle who seeks to enter Canada for the purpose of delivering by land medically necessary supplies, equipment or devices
25	A person referred to in subsection 5(1) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada)

SCHEDULE 2

(Paragraph 2.3(4)(a), subsection 3.2(2) and section 4.5)

Exempted Persons — Various Requirements

TABLE 1

Quarantine
Item	Persons
1	A person referred to in paragraph (a) or (b) of the definition crew member in section 1.1 of this Order, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
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 complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer, (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and (b) the requirement to quarantine themselves in accordance with section 4.1 of this Order would adversely affect the ability of the person to provide the essential service
5	A person or any member of a class of persons for whom the release from the requirements set out in section 4.1 of this Order to quarantine themselves, 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 all 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, installing, maintaining or repairing medically necessary equipment or devices and who, if they are not a fully vaccinated person, does 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, other than services or treatments related to COVID-19, within 36 hours following their entry into Canada, or within 96 hours following their entry into Canada if the person resides in Saint Pierre and Miquelon 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 of Canada, 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 health care practitioner in Canada who is licensed to practise their profession in Canada, indicating 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 health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating 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 and who, if they are not a fully vaccinated person, does 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 health care practitioner licensed to practise their profession with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner and who, if they are not a fully vaccinated person, does 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 on board a Canadian fishing vessel or a foreign fishing vessel, as those terms are 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 Akwesasne, which is 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 everyday functions within that community
14	A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
15	A person who enters 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 sections 4.1 and 4.3 of this Order
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 and who, if they are not a fully vaccinated person, does 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
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 Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not transit from Canada to a community in the United States other than their community or to another country
24	A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remains in those communities while in the United States
25	A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available
26	A person who enters Canada in a conveyance at a land border crossing in either of 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; (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
27	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 all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
28	A person or any person in a class of persons for whom the release from the requirements set out in section 4.1 of this Order to quarantine themselves, as determined by the Chief Public Health Officer, does not pose a risk of significant harm to public health, if the person complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19

TABLE 2

Undergoing Tests in Canada
Item	Persons
1	A person referred to in paragraph (a) or (b) of the definition crew member in section 1.1 of this Order, excluding an operator of a commercial motor vehicle for the transport of goods by land who is not a fully vaccinated person
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 complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer, (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and (b) the requirement to undergo a COVID-19 molecular test in accordance with subsection 2.3(1) or (1.2) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
5	A person or any member of a class of persons referred to in item 5 of Table 1 of Schedule 2 for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test is, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, in the national interest, if the person complies with all 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, installing, maintaining or repairing medically necessary equipment or devices and who, if they are not a fully vaccinated person, does 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, other than services or treatments related to COVID-19, within 36 hours following their entry into Canada, or within 96 hours following their entry into Canada if the person resides in Saint Pierre and Miquelon 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 of Canada, 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 health care practitioner in Canada who is licensed to practise their profession in Canada, indicating 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 health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating 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 and who, if they are not a fully vaccinated person, does 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 health care practitioner licensed to practise their profession with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner and who, if they are not a fully vaccinated person, does 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 on board a Canadian fishing vessel or a foreign fishing vessel, as those terms are 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 Akwesasne, which is 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 everyday functions within that community
14	A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
15	A person who enters 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 sections 4.1 and 4.3 of this Order
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 and who, if they are not a fully vaccinated person, does 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
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 community of Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available
24	A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not transit from Canada to a community in the United States other than their community or to another country
25	A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remained in those communities while in the United States
26	A person who enters Canada in a conveyance at a land border crossing in either of 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; (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
27	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 all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
28	A person or any person in a class of persons for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test does not, as determined by the Chief Public Health Officer, pose a risk of significant harm to public health, if the person complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
29	A person who is less than five years of age
30	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 no more than 180 days before their entry into Canada or before the aircraft’s initial scheduled departure time
31	Any person who boards 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
32	Any person who undergoes a test referred to in subsection 2.4(1) of this Order
33	A habitual resident of Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
34	A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test in Canada is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
35	A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all 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
36	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 all 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
37	An accredited person and a person holding a D1, O1 or C1 visa entering Canada to take up a post and become an accredited person
38	A diplomatic or consular courier
39	A habitual resident of a place in Alaska who enters Canada via Yukon or British Columbia to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
40	A person who enters Canada by water
41	A person who is referred to in paragraph 4.9(a)

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. 2022-42 of the same title, which came into force on January 31, 2022.

This Order complements the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada), 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 00:01:00 EST on February 28, 2022, until 23:59:59 EDT on March 31, 2022.

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 continues to require all persons who enter Canada, whether by air, land, or water, to provide accurate contact information for the first 14 days in Canada, and to answer questions to determine if they have signs or symptoms of COVID-19. The Order maintains all requirements for unvaccinated travellers, subject to limited exceptions, to have a valid COVID-19 negative test result before entering Canada (or positive result in some cases), to undergo testing when entering and once again later in the 14-day post-entry period, and to quarantine upon entry into Canada. Under this Order, mandatory traveller declarations on vaccination status, proof of vaccination, symptom monitoring, and testing requirements for fully vaccinated persons remain.

All changes to the Order are described under the “Implications” section. The new Order extends the duration of the measures until March 31, 2022.

Background

COVID-19

COVID-19 can be a severe, life-threatening respiratory disease. Patients with COVID-19 may 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 can vary considerably among those infected, with an estimated median of 5 to 6 days; evidence suggests this could be shorter for the Omicron variant. Approximately 95% of those exposed will develop symptoms within 14 days of exposure. Evidence indicates that the majority of individuals infected with COVID-19 who have a healthy immune system may transmit the virus up to 10 days after symptom onset.

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. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new, more transmissible variants of concern of the virus causing COVID-19 has further worsened the negative health impacts of COVID-19.

Testing

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 180 days after their infection, even though they are no longer considered infectious. Positive molecular test results of previously infected individuals, for tests performed up to 180 days prior, should not be considered as evidence of a new infection posing risk, but rather that a person 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 a negative pre-arrival test, and as an alternative to the requirement to test upon arrival. Requiring that prior positive test results be obtained at least 10 days before the initial scheduled departure (by air) or arrival time (by land) allows for the time needed to become non-infectious, thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada. Due to the possibility of a false positive result from a rapid antigen test, a positive molecular test result will continue to be required as proof of a previous COVID-19 infection.

Vaccination

In the United States, as of January 22, 2022, all inbound foreign national travellers seeking to enter via land ports of entry or ferry terminals — whether for essential or non-essential reasons — must be fully vaccinated for COVID-19 (two weeks after their second dose in a two-dose series, or two weeks after a single-dose vaccine) and provide related proof of vaccination. This is in addition to the December 21, 2021, requirements for all inbound foreign nationals entering the United States by air to be fully vaccinated. There are some exceptions for unvaccinated non-U.S. citizens arriving by air, and these include, but are not limited to, persons on diplomatic or official foreign government travel, children under 18 years of age, persons with documented medical contraindications to receiving a COVID-19 vaccine, and persons issued a humanitarian or emergency exception.

As of February 18, 2022, 76.1% of the total U.S. population has received at least one COVID-19 vaccine dose, 64.6% is fully vaccinated, and 43.1% of the fully vaccinated population has received a booster dose. By comparison, as of February 17, 2022, approximately 85% of the eligible Canadian population had received at least one COVID-19 vaccine dose and over 80% is fully vaccinated. As of February 17, 2022, over 16.8 million Canadians have received a third dose.

The Government of Canada has sought to align exemptions available for international and domestic vaccination-related requirements. In terms of domestic measures, on August 13, 2021, the Government of Canada announced its intent to require COVID-19 vaccination for federal employees and for air, rail, and marine passengers. As of October 30, 2021, the Government of Canada requires employers in the federally regulated air, rail, and marine transportation sectors to establish vaccination policies for their employees.

Effective January 15, 2022, the Government of Canada reduced the number of exemptions for most unvaccinated or partially vaccinated foreign nationals seeking to enter Canada.

Other measures

Even at current levels of vaccination coverage, core public health and personal protective measures, such as limiting travel and contacts in public places, continue to be important for managing the increases in COVID-19 cases, protecting the vulnerable, and reducing the risk of overwhelming health care capacity.

COVID-19 situation globally

The cumulative number of COVID-19 cases reported globally is now over 415 million and the number of deaths exceeds 5.8 million. For the week of February 7 to 13, 2022, the global number of new cases reported was over 16 million, a 19% decrease as compared to the previous week but still relatively high. The large number of weekly case counts appears to be driven by the circulation of the more transmissible Omicron variant, easing of domestic public health and border measures, coupled with increased social mixing and low global vaccine coverage.

On December 15, 2021, the Government of Canada reinstated a Level 3 Omicron-SARS-CoV-2 variant of concern global travel health notice to advise against any non-essential travel abroad, due to travellers’ increased risk of being infected with the virus that causes COVID-19 when travelling internationally, as well as the risk of facing difficulties returning to Canada, or of having to remain abroad due to travel restrictions by foreign governments. On February 28, 2022, the Government of Canada adjusted its travel health notice from a Level 3 to a Level 2, meaning that the Government ceased recommending that Canadians avoid travel for non-essential purposes.

Nonetheless, the increased transmission associated with these variants increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada.

COVID-19 situation in Canada

While Canada is past the peak of Omicron, and is seeing significant declines in national cases, hospitalizations, ICU admissions, and deaths, all indicators remain elevated and are increasing in some areas. National confirmed daily case counts remain high, with a seven-day moving average of 7 726 daily cases the week ending February 17, 2022. This represents a 24.8% decrease from the previous week. Nationally, for the week ending February 17, 2022, hospitalizations were down 15.9% (seven-day moving average of 7 197) and ICU admissions were down 15.4% (seven-day moving average of 879). Despite remaining at an elevated level nationally, the seven-day moving average for daily deaths was 92 for the week ending February 17, 2022, a decrease from 119 per day the previous week.

Additional evidence demonstrates that a combination of pre-departure and post-arrival testing will facilitate detection of persons with COVID-19 entering Canada. Identification of cases permits genetic sequencing and the identification of variants of concern, including new variants of concern that may emerge in the future, to support public health efforts to contain COVID-19 spread.

While Omicron is more transmissible than previous variants, available evidence indicates it is less severe, and vaccines continue to be effective against severe outcomes. The latest data show that hospitalization rates continue to be much higher among unvaccinated versus fully vaccinated cases, ranging from 4 times higher compared to those fully vaccinated, and 13 times higher than those fully vaccinated with an additional dose. As of February 17, 2022, approximately 85% of the Canadian population had received at least one dose of a COVID-19 vaccine, with over 80% having received two doses. Almost 56% of children ages 5 to 11 have received at least one dose, and over 16.8 million Canadians have received a third dose. Some provinces have recently announced that they will be making third doses available to adolescents aged 12 to 17 in the coming days and weeks.

The majority of asylum seekers (excluding claims made at Immigration, Refugees, and Citizenship Canada offices) enter Canada via Quebec (4 925 in 2020). The majority of these asylum seekers are irregular asylum seekers apprehended between ports of entry by the Royal Canadian Mounted Police (3 189 in 2020). Crossing at irregular entries, such as that located at Roxham Road in the province of Quebec, was banned in March 2020 due to concerns regarding the COVID-19 pandemic. The Government of Canada lifted this ban on November 21, 2021, in order to uphold international and humanitarian obligations. From November 28, 2021, to January 5, 2022, 3 029 irregular asylum seekers entered Canada via Roxham Road. Irregular asylum seekers continue to give rise to unique public health concerns in the context of COVID-19. While irregular asylum seekers are not more likely to test positive for COVID-19, they are at increased risk of disease spread. Irregular asylum seekers often travel in groups, and even if travelling alone, must be processed first by the RCMP, and subsequently at their point of entry, often again in groups and over a period of days, increasing the risk of spread of COVID-19 among those claimants in congregate settings. Once processed, asylum claimants are entitled to, and are likely to live in, congregate housing upon entry into Canada. Furthermore, this cohort may have a decreased capacity or ability to seek pre-arrival testing.

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, including 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, combined with aggressive vaccination programs, are necessary to help further reduce the introduction and spread of COVID-19 or new variants of concern in Canada.

Government of Canada response to COVID-19 pandemic

The Government of Canada’s phased approach to easing border measures for fully vaccinated travellers is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally. On July 5, 2021, fully vaccinated travellers eligible to enter Canada were granted an exemption from quarantine, subject to meeting the applicable requirements, including providing proof of vaccination. Then, on August 9, 2021, fully vaccinated American citizens and permanent residents arriving from the United States were allowed to enter Canada for optional or discretionary purposes, and as of September 7, 2021, fully vaccinated foreign nationals from all countries were allowed to enter Canada for optional or discretionary purposes and exempted from quarantine, subject to conditions. However, with the November 21, 2021, emergency orders, the Government of Canada introduced additional measures to limit the entry of unvaccinated foreign nationals.

Many countries continue to experience COVID-19 transmission and have different levels of vaccination coverage. In November 2021, the Government introduced the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada — Specified Countries), which prohibited entry of foreign national travellers, with limited exceptions, who had, in the prior 14 days, been in a country with an outbreak or at risk of having an outbreak of the Omicron variant. The Order expired on January 31, 2022. The increased transmission associated with new variants increases the risk of accelerated spread, and there remains the potential for a resurgence of travel-related cases in Canada.

With more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence-based, and precautionary approach to its border measures for travellers entering Canada. To minimize the risk of further importation or spread of new variants of concern into the country, the Government of Canada is maintaining some measures to help limit introduction and community transmission of COVID-19 and its variants of concern.

Implications

Key impacts for persons entering Canada

Against the backdrop of increasing global vaccination rates, as well as the more stringent domestic travel measures that further limit the introduction and spread of COVID-19, the Government of Canada will maintain the majority of quarantine and testing exemptions from the previous Order.

As was the case under the previous Order, before entering Canada, all travellers arriving by land, air, and water are generally required to submit information on the countries they were in during the 14 days prior to entry. They are also required to provide accurate contact information and quarantine plans, or only their contact information if they are listed as a person exempted from quarantine in Schedule 2, Table 1, of the Order. This information, and other mandatory electronic information submissions, must usually be provided to the Minister of Health by the electronic means specified by the Minister, namely ArriveCAN, the official application / web portal for all electronic submissions required under the Order. The requirement for all travellers arriving by land, air, and water to obtain a negative COVID-19 test result pre-entry remains, unless otherwise exempt or having a prior positive molecular test taken between 10 and 180 days prior to entry. However, the pre-arrival negative test result may now in certain circumstances be an antigen test result.

Beginning February 28, 2022, travellers presenting a negative COVID-19 test result will now have the option of using an antigen test (taken within the day prior to their initially scheduled flight departure time or their arrival at the land border or marine port of entry) or a molecular test (taken no more than 72 hours before their initially scheduled flight departure time or their arrival at the land border or marine port of entry) to meet pre-entry requirements. To prove a previous COVID-19 infection, travellers will continue to be required to provide evidence of a positive result from a molecular test on a sample taken at least 10 calendar days and no more than 180 calendar days before entering Canada.

The new Order introduces and defines the concept of COVID-19 antigen tests performed by an accredited laboratory or testing provider that are now acceptable for pre-arrival testing. In addition, the new definition of a COVID-19 antigen test and the modified definition of a COVID-19 molecular test specify that self-administered pre-arrival antigen tests and self-administered COVID-19 molecular tests are acceptable, so long as the test was observed and the result verified by an accredited lab or testing provider, and, in the case of remote self-administered tests, by the accredited lab or testing provider that provided the test. The Order also introduces an ancillary definition of testing provider (i.e. person or organization — such as a telehealth service or pharmacy — that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided). Various provisions of the Order that rely on these definitions have been amended for alignment purposes. In the case of antigen tests, the test must be authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained. Furthermore, in the case of antigen tests, only negative results are accepted in the select pre-arrival scenarios outlined below.

Travellers will now have the option of possessing and presenting a negative antigen test in order to meet applicable pre-arrival testing requirements, in the three following scenarios:

(a) Travellers arriving by air can provide a negative COVID-19 antigen test result on a specimen collected no more than one day before the aircraft’s initial scheduled departure time, instead of providing a negative 72-hour COVID-19 molecular test result;
(b) Travellers arriving by land can have in their possession and provide, upon request, a negative COVID-19 antigen test result on a specimen collected no more than one day before entering Canada, instead of providing a negative 72-hour COVID-19 molecular test result; and
(c) Travellers arriving by water can have in their possession and provide, upon request, a negative COVID-19 antigen test result on a specimen collected no more than one day before entering Canada, instead of providing a negative 72-hour COVID-19 molecular test result.

Unvaccinated children under 12 entering Canada with a fully vaccinated parent or guardian will continue to be exempted from quarantine, but with fewer conditions. Requirements that were placed on these children to avoid vulnerable populations, avoid school and daycare settings, and to maintain a list of close contacts and locations they visit within the first 14 days of entering Canada will also be removed, although some of these requirements were not themselves listed in the Order but rather imposed under the Order. These children will now also be exempt from mandatory day 1 and day 8 COVID-19 tests. The quarantine and day 1 testing exemptions will not apply if the parent or guardian in question enters Canada as an irregular asylum claimant without a valid pre-arrival test.

Right of entry travellers presenting at the border with a positive COVID-19 molecular test result collected in the nine days prior to entry will now be exempt from undergoing testing in Canada (as is currently the case for travellers with a positive COVID-19 molecular test performed on a specimen collected between 10 and 180 days before entry).

To address the unique travelling considerations around irregular asylum claimants, the new Order imposes the requirement to undergo testing and quarantine until the receipt of a negative test or the expiry of the quarantine period (whichever comes first) on vaccinated irregular asylum claimants arriving at land ports of entry without a valid pre-arrival test result, and on unvaccinated children under 12 years of age arriving with such persons (subject to certain conditions). A child under 5 years of age will not be required to test and may leave quarantine when an accompanying parent or guardian does. Unvaccinated adult irregular asylum claimants in this situation will also be required to undergo a second post-arrival test.

This Order also includes the following minor amendments:

To align with the existing Entry Order, the inclusion of a pre-arrival test exemption for evacuated foreign nationals; and
To align with pre-existing exemptions for habitual residents of Alaska with regard to transiting the Yukon, travellers may also make land and water transits from Alaska to access another place in Alaska or to return to their place of residence via British Columbia, so long as neither they nor any other person in the conveyance leave the conveyance while in Canada.

The new Order will be in effect until March 31, 2022, 23:59:59 EDT.

Penalties

Consultation

The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government agencies, including the Canada Border Services Agency; Indigenous Services Canada; 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; Canadian Heritage; Justice Canada; and Global Affairs Canada.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@phac-aspc.gc.ca

Canada Gazette, Part I, Volume 156, Number 11: ORDERS IN COUNCIL

DEPARTMENT OF HEALTH

FOOD AND DRUGS ACT

Order Approving Interim Order No. 3 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19

EXPLANATORY NOTE

Proposal

Objective

Background

COVID-19

Government of Canada’s response

Implications

Requirements carried over from the previous interim order

Consultation

Contact

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

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

Definitions

Prohibitions

Immediate Measures

Application

Powers and Obligations

Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

Repeal

Coming into Force

SCHEDULE

EXPLANATORY NOTE

Proposal

Objective

Background

COVID-19

Testing

Vaccination

Other measures

COVID-19 situation globally

COVID-19 situation in Canada

Government of Canada response to COVID-19 pandemic

Implications

Key impacts for travellers

Penalties

Consultation

Contact

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

TABLE OF PROVISIONS

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

General

COVID-19 Tests

Suitable Quarantine Plan and Other Measures

Quarantine of Asymptomatic Persons

Isolation of Symptomatic Persons

Powers and Obligations

Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

Repeal

Coming into Force

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

PART 1 General

PART 2 COVID-19 Tests

PART 3 Suitable Quarantine Plan and Other Measures

PART 4 Quarantine of Asymptomatic Persons

PART 5 Isolation of Symptomatic Persons

PART 6 Powers and Obligations

PART 7 Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

Repeal

Coming into Force

SCHEDULE 1

Exempted Persons — COVID-19 Test Before Entering Canada

SCHEDULE 2

Exempted Persons — Various Requirements

EXPLANATORY NOTE

Proposal

Objective

Background

COVID-19

Testing

PART 1
General

PART 2
COVID-19 Tests

PART 3
Suitable Quarantine Plan and Other Measures

PART 4
Quarantine of Asymptomatic Persons

PART 5
Isolation of Symptomatic Persons

PART 6
Powers and Obligations

PART 7
Cessation of Effect, Repeal and Coming into Force