Canada / Federal / Proposed Regulations

Canada Gazette, Part I, Volume 154, Number 36: ORDERS IN COUNCIL

September 5, 2020

2020-09-05

Canada Gazette, Part I, Volume 154, Number 36: ORDERS IN COUNCIL

September 5, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of ExpoTesure to COVID-19 in Canada Order (Mandatory Isolation), No. 4

P.C. 2020-589 August 30, 2020

Whereas the Governor in Council is of the opinion that

(a) based on the declaration of a pandemic by the World Health Organization, there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
(b) the introduction or spread of the disease poses an imminent and severe risk to public health in Canada;
(c) the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada; and
(d) no reasonable alternatives to prevent the introduction or spread of the disease 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 a}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4.

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4

Definitions

Definitions

1 The following definitions apply in this Order.

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)
isolation means the separation of persons who have reasonable grounds to suspect that they have COVID-19, have signs and symptoms of COVID-19 or know that they have COVID-19, in such a manner as to prevent the spread of the disease. (isolement)
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. (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)
vulnerable person means a person who
- (a) has an underlying medical condition that makes the person susceptible to complications relating 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)

Persons Entering Canada

Requirement — questions and information

2 Every person who enters Canada must, during the 14-day period that begins on the day on which they enter Canada and any extension of that period under subsection 3(2) or 4(4),

(a) answer any relevant questions asked by a screening officer, quarantine officer or public health official designated under section 2.1, or asked on behalf of the Chief Public Health Officer, for the purposes of the administration of this Order; and
(b) provide to an officer or official referred to in paragraph (a) or the Chief Public Health Officer any information or record in the person’s possession that the officer, official or Chief Public Health Officer requires, in any manner that the officer, official or Chief Public Health Officer may reasonably request, for the purposes of the administration of this Order.

Designation

2.1 The Chief Public Health Officer may designate any person as a public health official for the purposes of section 2.

Mask or face covering

2.2 (1) Every person who enters Canada and who is required to quarantine or isolate themselves under this Order must, in the following circumstances, during the 14-day period that begins on the day on which they enter Canada and any extension of that period under subsection 3(2) or 4(4), wear a non-medical mask or face covering that a screening officer or quarantine officer considers suitable to minimize the risk of introducing or spreading 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 a place of departure from Canada, unless they are alone in a private vehicle.

Persons exempt from quarantine

(2) Every person who enters Canada and who, by virtue of section 6, is not required to quarantine themselves must, during the 14-day period that begins on the day on which they enter Canada, if they are in public settings where physical distancing cannot be maintained, wear a non-medical mask or face covering that a screening officer or quarantine officer considers suitable to minimize the risk of introducing or spreading COVID-19.

Exception

(3) The requirements in this section do not apply if the mask or face covering needs to be removed for security or safety reasons.

Asymptomatic Persons

Requirements — asymptomatic persons

3 (1) Any person who enters Canada and who does not have signs and symptoms of COVID-19 must

(a) quarantine themselves without delay in accordance with instructions provided by a screening officer or a 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; and
(b) monitor for signs and symptoms of COVID-19 until the expiry of the 14-day period and, if they develop any signs and symptoms of COVID-19, follow instructions provided by the public health authority specified by a screening officer or quarantine officer.

Extension

(2) The 14-day period of quarantine and associated requirements of subsection (1) begin anew if, during that 14-day period, the person develops any signs and symptoms of COVID-19, is exposed to another person subject to this Order who exhibits signs and symptoms of COVID-19 or tests positive for COVID-19.

Unable to quarantine themselves

4 (1) A person referred to in section 3 is considered unable to quarantine themselves if the person cannot quarantine themselves for the 14-day period referred to in that section in a place

(a) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada, and any other factor that the Chief Public Health Officer considers relevant;
(b) where they will not be in contact with vulnerable persons, unless the vulnerable person is a consenting adult or is the parent or minor in a parent-minor relationship; and
(c) where they will have access to the necessities of life.

Requirements — quarantine at quarantine facility

(2) A person who, at the time of entry to Canada or at any other time during the 14-day period referred to in section 3 or any extension of it, 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, chosen by the Chief Public Health Officer;
(b) enter into quarantine without delay at the chosen quarantine facility and remain in quarantine at the facility — or at any other quarantine facility to which they are subsequently transferred — until the expiry of the 14-day period or any extension of it; and
(c) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Transfer

(3) A person referred to in subsection (2) may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to quarantine themselves in accordance with the requirements of section 3 at a place that is considered suitable by the Chief Public Health Officer, taking into account the factors set out in paragraph (1)(a).

Extension

(4) The 14-day period of quarantine and associated requirements of subsection (2) begin anew if, during that 14-day period, the person develops any signs and symptoms of COVID-19, is exposed to another person subject to this Order who exhibits signs and symptoms of COVID-19 or tests positive for COVID-19.

Choice of quarantine facility

5 In choosing a quarantine facility for the purposes of subsection 4(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 and egress from the quarantine facility;
(c) the capacity of the quarantine facility;
(d) the feasibility of quarantining persons;
(e) the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada; and
(f) any other factor that the Chief Public Health Officer considers relevant.

Exception — requirement to quarantine

6 The requirements referred to in paragraph 3(1)(a) and subsection 4(2) do not apply to

(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 crew member;
(c) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
(d) 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 either of those forces;
(e) a person or any person in a class of persons whom the Chief Public Health Officer determines will provide an essential service;
(f) a person or any person in a class of persons whose presence in Canada is determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness to be in the national interest, as long as the person complies with any conditions imposed on them by the relevant Minister to minimize the risk of introduction or spread of COVID-19;
(g) 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;
(h) a person who enters Canada for the purpose of providing medical care, transporting essential medical equipment, supplies or means of treatment, or delivering, maintaining or repairing medically-necessary equipment or devices, as long as they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada;
(i) a person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19;
(j) a person permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations who enters Canada for the purpose of performing their duties as a student in the health field, as long as they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada;
(k) a licensed health care professional with proof of employment in Canada who enters Canada for the purpose of performing their duties as a licensed health care professional, as long as they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the licensed professional enters Canada;
(l) a person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada aboard a Canadian fishing vessel or a foreign fishing vessel as defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning the vessel and exchange of crew;
(m) a person who enters Canada within the boundaries of an integrated trans-border community that exists on both sides of the Canada-United States border and who is a habitual resident of that community, if entering Canada is necessary for carrying out an everyday function within that community;
(n) a person who enters Canada if the entry is necessary to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, must involve entering the United States; or
(o) a person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, as long as the person remains on board the vessel.

Consultation with Minister of Health

6.1 Conditions that are imposed under paragraph 6(f) must be developed in consultation with the Minister of Health.

Exception — medical

7 (1) The requirements to remain in quarantine as referred to in paragraph 3(1)(a) and subsection 4(2), including the requirement to remain in quarantine as extended by subsection 3(2) or 4(4), do not apply for the duration of any medical emergency or essential medical services or treatments that requires a person to visit or be taken to a health care facility which, in the case of a person referred to in subsection 4(2), is outside the quarantine facility referred to in that subsection.

Exception — accompanying person

(1.1) If the person who needs to visit or be taken to a health care facility is a minor or requires assistance in accessing medical services or treatments, the exception in subsection (1) extends to one other person who accompanies the minor or person requiring assistance.

Exception — other grounds

(2) The requirements to remain in quarantine as referred to in paragraph 3(1)(a) and subsection 4(2) do not apply to a person if

(a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements;
(b) the requirement is inconsistent with another requirement imposed on them under the Quarantine Act; or
(c) the Chief Public Health Officer determines that the person or the class of persons that the person is in does not pose a risk of significant harm to public health.

Exception — leaving Canada

8 A person who must quarantine themselves under section 3 or remain in quarantine under section 4 may leave Canada before the expiry of the 14-day quarantine period if they quarantine themselves until they depart from Canada.

Symptomatic Persons

Requirements — symptomatic persons

9 Any person who enters Canada and who has reasonable grounds to suspect they have COVID-19, has signs and symptoms of COVID-19 or knows that they have COVID-19 must

(a) isolate themselves without delay in accordance with instructions provided by a screening officer or a quarantine officer and remain in isolation until the expiry of the 14-day period that begins on the day on which the person enters Canada; and
(b) during the period of isolation, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms and report to the public health authority specified by a screening officer or quarantine officer if they require additional medical care.

Unable to isolate themselves

10 (1) A person referred to in section 9 is considered unable to isolate themselves for the 14-day period referred to in that section if they meet one of the following conditions:

(a) it is necessary for them to use a public means of transportation, including 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
(b) they cannot isolate themselves for the 14-day period in a place
- (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada, and any other factor that the Chief Public Health Officer considers relevant,
- (ii) where they will not be in contact with vulnerable persons, unless the vulnerable person is a consenting adult or is the parent or minor in a parent-minor relationship, and
- (iii) where they will have access to the necessities of life.

Requirements — quarantine facility

(2) A person who, at the time of entry to Canada or at any other time during the 14-day period referred to in section 9, meets one of the conditions set out in paragraph (1)(a) or (b) 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, chosen by the Chief Public Health Officer;
(b) enter into isolation without delay at the chosen quarantine facility and remain in isolation at the facility — or at any other quarantine facility to which they are subsequently transferred — until the expiry of the 14-day period; and
(c) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Transfer

(3) A person referred to in subsection (2) may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to isolate themselves in accordance with the requirements of section 9 at a place that is considered suitable by the Chief Public Health Officer, taking into account the factors set out in subparagraph (1)(b)(i).

Choice of quarantine facility

11 In choosing a quarantine facility for the purposes of subsection 10(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 and egress from the quarantine facility;
(c) the capacity of the quarantine facility;
(d) the feasibility of isolating persons;
(e) the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada; and
(f) any other factor that the Chief Public Health Officer considers relevant.

Exception — medical

12 (1) The requirements to remain in isolation as referred to in paragraph 9(a) and subsection 10(2) do not apply for the duration of any medical emergency or essential medical services or treatments that requires a person to visit or be taken to a health care facility which, in the case of a person referred to in subsection 10(2), is outside the quarantine facility referred to in that subsection.

Exception — accompanying person

(1.1) If the person who needs to visit or be taken to a health care facility is a minor, the exception in subsection (1) extends to one other person who accompanies the minor.

Exception — other grounds

(2) The requirements to remain in isolation as referred to in paragraph 9(a) and subsection 10(2) do not apply to a person if

(a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements;
(b) the requirement is inconsistent with another requirement imposed on them under the Quarantine Act; or
(c) the Chief Public Health Officer determines that the person does not pose a risk of significant harm to public health.

Exception — leaving Canada

13 A person who must isolate themselves under section 9 or remain in isolation under section 10 may, at the discretion and in accordance with the instructions of a quarantine officer, leave Canada before the expiry of the 14-day isolation period if they isolate themselves until they depart from Canada in a private conveyance.

Powers and Obligations

Powers and obligations

14 For greater certainty,

(a) this Order does not affect any of the powers and obligations set out in the Quarantine Act;
(b) this Order may be administered using electronic means; and
(c) the instructions to be followed under paragraphs 3(1)(a) and (b) and 9(a) include instructions that are provided after the time of entry into Canada.

Repeal

15 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 3^{footnote 1} is repealed.

Effective Period

Until September 30, 2020

16 This Order has effect for the period beginning at 23:59:59 p.m. Eastern daylight time on the day on which it is made and ending at 23:59:59 p.m. Eastern daylight time on September 30, 2020.

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 (Mandatory Isolation), No. 4, is made pursuant to section 58 of the Quarantine Act.

The Order repeals the Order in Council P.C. 2020-524 of the same name (No. 3), which came into force on June 29, 2020.

This Order complements the Orders in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States) and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

This Order will be in effect from 11:59:59 p.m., Eastern Daylight Time, on the date it is made until 11:59:59 p.m., Eastern Daylight Time, September 30, 2020.

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The order extends the effective date of the previous order in which all persons who enter Canada, whether by air, land, rail and sea, are required to quarantine or isolate for 14 days from the day upon which they entered Canada, with some exceptions.

This Order is amended from the previous version to clarify that certain quarantine exemptions (e.g. for work permit holders, emergency service providers, licenced health care professionals) are applicable only when these individuals enter Canada to perform their duties.

In addition, this Order is amended from the previous version to clarify that medical service exemption from quarantine applies only to individuals seeking treatment within 36 hours of entry into Canada, and to extend temporary exemption from quarantine to one person who may accompany a minor requiring essential medical treatment.

Finally, this Order is amended to exempt from quarantine those persons engaged on marine scientific research vessels, provided they remain onboard the vessel during the entire period of quarantine.

Background

COVID-19

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

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

Coronaviruses are spread among humans primarily through the inhalation of infectious respiratory droplets (e.g. when an infected individual coughs or sneezes) or through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 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 have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. No vaccine is available to protect Canadians from COVID-19. Current treatment is supportive, aimed at relief of symptoms and treatment of associated medical complications.

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 (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not properly contained. Global efforts are focused on identification of cases and the prevention of further spread. If widespread disease occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts.

Government of Canada response to COVID-19 pandemic

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

Together, these measures have been effective. For instance, by limiting incoming travel to Canada and requiring mandatory isolation and quarantine, the Government of Canada has reduced travel-related infections to low numbers. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

The global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Africa, Asia and the Middle East. The number of cases of COVID-19 in the United States also remains high. As of August 21, 2020, there were 5 573 847 detected cases in the United States, 3 501 975 detected cases in Brazil and 2 905 823 detected cases in India. The WHO has also warned countries to prepare for new outbreaks, especially in areas where lockdowns have been eased.

There remains significant potential for a resurgence of travel-related cases in Canada if the border entry prohibitions were to be relaxed. The Government is seeking to enhance the role of laboratory testing at ports of entry as part of a multilayered approach to reduce the risk of importation. At this time, it has been determined that taking less restrictive measures, such as easing entry prohibitions or quarantine requirements, would not appropriately protect the health of Canadians.

Consequently, entry prohibitions coupled with mandatory isolation and quarantine remain the most effective means of limiting the introduction of new cases of COVID-19 into Canada. With some countries easing COVID-19 protection measures and the risk of new cases likely increasing as a result, the Government of Canada is taking a precautionary approach to maintain the current quarantine requirements at this time.

By maintaining existing requirements, Canada will continue to reduce the entry of COVID-19 linked to travellers entering Canada to the extent possible. Without these measures, travel-related COVID-19 transmission is likely to increase the number of documented cases in Canada.

Implications

Key impacts for persons entering Canada

As was the case under previous orders, every person who enters Canada must answer any relevant questions asked of them and provide any information or record required, in any manner it may be reasonably requested, for the purposes of administration of this Order. Individuals will continue to be asked to confirm that they have a suitable location in which to either isolate or quarantine, that does not expose them to non-consenting vulnerable persons, and provides them with access to the necessities of life.

All persons who are required to quarantine or isolate will be required to wear a non-medical mask or face covering upon entering Canada and while in transit throughout the 14-day quarantine or isolation period, as applicable. Persons who are exempt from quarantine requirements will be required to wear a non-medical mask or face covering when they are in public settings when physical distancing is not possible. The Order will continue to require all symptomatic persons who enter Canada to isolate and asymptomatic persons to quarantine for 14 days beginning on the day they enter Canada, with some limited exceptions.

More specifically, asymptomatic persons who are not exempt from the mandatory quarantine requirements must wear a non-medical mask or face covering upon entering Canada and while travelling via public or private transportation to their destination within Canada, unless they are alone in a private vehicle; quarantine themselves for 14 days (and any extended period); and follow the instructions of local public health authorities if signs and symptoms of COVID-19 develop. Any asymptomatic person who cannot quarantine in a place that is suitable will be transferred to a designated quarantine facility.

Persons entering Canada who are asymptomatic but exempt from mandatory quarantine requirements based on the purpose of their travel, as identified in section 6 of the Order, must wear a non-medical mask or face covering when in public settings when physical distancing is not possible, self-monitor for symptoms of COVID-19, and follow the instructions of the local public health authority if symptoms of COVID-19 develop.

Foreign nationals who are symptomatic, or COVID-19 positive, are generally prohibited from entering Canada under the Orders in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States) and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States). Where permitted to enter, symptomatic persons must wear a non-medical mask or face covering upon entering Canada and while travelling via private transportation to their place of isolation, avoid public transportation, isolate for 14 days, monitor their symptoms, undergo any health assessment that a quarantine officer may require, and report to the local public health authority if they require additional medical care. Any symptomatic or COVID-19 positive person who cannot isolate in a place that is suitable will be transferred to a designated quarantine facility.

The Order continues to provide that persons may leave quarantine or isolation to go to a health care facility in the event of a medical emergency or to receive essential medical services. If such person is in quarantine and is a minor or person requiring assistance, the Order provides that a person needed to accompany them may also leave quarantine, provided they continue to comply with other requirements (e.g. wearing a mask).

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Quarantine Act. The maximum penalties are a fine of up to $1,000,000 and/or imprisonment for three years or both. In addition, tickets of up to $1,000 may also be issued for non-compliance pursuant to the Contraventions Act.

Consultation

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

Departmental contact

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

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-588 August 30, 2020

Whereas the Governor in Council is of the opinion that

(a) based on the declaration of a pandemic by the World Health Organization, there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
(b) the introduction or spread of the disease poses an imminent and severe risk to public health in Canada;
(c) the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada; and
(d) no reasonable alternatives to prevent the introduction or spread of the disease 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 b}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States).

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

Definitions

1 The following definitions apply in this Order.

common-law partner has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
immediate family member, in respect of a person, means
- (a) the spouse or common-law partner of the person;
- (b) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the person or of the person’s spouse or common-law partner;
- (c) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a 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)

Prohibition

2 Any foreign national is prohibited from entering Canada if they arrive from a foreign country other than the United States.

Non-application

3 (1) Section 2 does not apply to

(a) an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
(b) a person who is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act, to enter Canada for the purpose of reuniting immediate family members;
(c) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who seeks to enter Canada only to become such a crew member;
(d) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who seeks to enter Canada only to become such a member of a crew;
(e) 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 and the immediate family members of that person;
(f) 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;
(g) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
(h) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;
(i) a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they arrived in Canada;
(j) a person or any person in 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
- (i) does not pose a risk of significant harm to public health, or
- (ii) will provide an essential service while in Canada;
(k) a person or any person in 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;
(l) the holder of a valid work permit or a study permit as defined in section 2 of the Immigration and Refugee Protection Regulations;
(m) a person whose application for a work permit referred to in paragraph (l) was approved under the Immigration and Refugee Protection Act and who has received written notice of the approval, but who has not yet been issued the permit;
(n) a person whose application for a study permit referred to in paragraph (l) was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet been issued the permit;
(o) a person permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations;
(p) a person permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations;
(q) a licensed health care professional with proof of employment in Canada;
(r) a person who seeks to enter Canada for the purpose of delivering, maintaining, or repairing medically-necessary equipment or devices;
(s) 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 during the validity of the Order or within a reasonable period of time after the expiry of the Order;
(t) a person whose application for permanent residence was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet become a permanent resident under that Act;
(u) 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;
(v) a person who seeks to enter Canada to take up a post as a diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member and the immediate family members of that person;
(w) a person who arrives at a Canadian airport aboard a commercial passenger conveyance and who is transiting to a country other than Canada and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations; or
(x) a person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group.

Exception — signs and symptoms

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

Exception — optional or discretionary purpose

(3) Despite subsection (1), a foreign national who seeks to enter Canada for an optional or discretionary purpose, such as tourism, recreation or entertainment, is prohibited from entering Canada from a foreign country other than the United States.

Non-application — immediate family member

(4) Subsection (3) does not apply to a foreign national who is an immediate family member of a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident, and can demonstrate the intent to stay in Canada for a period of at least 15 days.

Non-application — national interest

(5) Subsection (3) does not apply to a foreign national referred to in paragraph (1)(k).

Non-application — order

4 This Order does not apply to

(a) a person registered as an Indian under the Indian Act;
(b) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act; or
(c) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada and leaves Canada to another place outside Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and, in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law and, in the case of an aircraft, the conveyance did not land while in Canada.

Powers and obligations

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

Repeal

6 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)^{footnote 2} is repealed.

Effective period

7 This Order has effect for the period beginning at 23:59:59 p.m. Eastern Daylight Time on the day on which it is made and ending at 23:59:59 p.m. Eastern Daylight Time on September 30, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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

The Order repeals and replaces Order in Council P.C. 2020-549 of the same name, which came into force on July 30, 2020.

This Order complements the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 4.

This Order will be in effect from 23:59:59, Eastern Daylight Time, on the date it is made until 23:59:59, Eastern Daylight Time, September 30, 2020.

Objective

This Order extends the effective date of the previous Order restricting entry into Canada from any country other than the United States (U.S.).

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order generally continues to prohibit entry into Canada of foreign nationals arriving from countries other than the United States unless they meet a specified list of exemptions and are not travelling for an optional or discretionary purpose. Even those who are exempted from the prohibition may not enter if they knowingly have COVID-19 or they exhibit signs and symptoms of COVID-19.

This Order is amended from the previous version to exempt from the entry prohibition donors of stem cells, blood and blood products, tissues, organs or other body parts required for patient care in Canada, where previously this exemption only applied to persons making deliveries of such items; and persons entering Canada on authorized marine research vessels. The Order is also amended to remove the application of the optional/ discretionary filter for persons entering pursuant to a National Interest Letter issued by the Government of Canada. However, people will continue to be subject to the parameters of the national interest exemption outlined in the letter.

Background

COVID-19

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. Therefore, information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been limited and based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries across the globe. The science around the virus is still evolving.

Government of Canada response to COVID-19 pandemic

As the COVID-19 pandemic evolves, the Government of Canada is continuing to evaluate the latest science and situational assessments of what is occurring in various jurisdictions across Canada and internationally when considering any changes to border restrictions or border measures. All changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government is considering the option of opening Canada’s borders to lower-risk countries as part of its COVID-19 recovery planning; however, at this time, easing travel restrictions would continue to present an unacceptable risk of imported cases and increases the potential for onward community transmission of COVID-19. This is because, while some countries are starting to see confirmed cases and deaths fall following strict lockdown restrictions, others are still seeing figures rise. Some countries that were believed to have controlled the outbreak are starting to see resurgences in cases including Australia, New Zealand and South Korea.

The global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Africa, Asia and the Middle East. Cases of COVID-19 in the United States also remain high. As of August 21, 2020, there were 5 573 847 detected cases in the United States, 3 501 975 detected cases in Brazil and 2 905 823 detected cases in India. The WHO has also warned countries to prepare for new outbreaks, especially in areas where lockdowns have been eased.

As a result, there remains significant potential for a resurgence of travel-related cases in Canada if the border entry prohibitions were to be relaxed. The Government is seeking to enhance the role of laboratory testing at ports of entry as part of a multilayered approach to reduce the risk of importation. At this time, it has been determined that taking less restrictive measures, such as easing entry prohibitions or quarantine requirements, would not appropriately protect the health of Canadians.

The Government recognizes that Canadians have been working hard to minimize the risks of COVID-19 transmission, and that entry prohibitions and mandatory quarantine requirements place significant limitations on the Canadian economy.

Implications

Key impacts for travellers

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

This Order will continue to generally prohibit foreign nationals from entering Canada from countries other than the United States, unless they meet a specified list of exemptions and are entering for non-optional or non-discretionary purposes, or are immediate family members of a Canadian citizen or permanent resident, and entering Canada to be with that person for at least 15 days.

Foreign nationals travelling for any purpose will be denied entry into Canada if they knowingly have COVID-19, or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exemptions. 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.

Upon entry into Canada, all persons become subject to the complementary order that requires asymptomatic persons to quarantine themselves for 14 days, with some exemptions, and symptomatic persons to isolate themselves for 14 days.

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

Penalties

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

Consultation

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

Departmental contact

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