Canada Gazette, Part I, Volume 154, Number 14: ORDERS IN COUNCIL

April 4, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation)

P.C. 2020-175 March 24, 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 would pose 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).

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation)

Interpretation

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)
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)

vulnerable person means a person who

(a) has an underlying medical condition;
(b) has a compromised immune system from a medical condition or treatment; or
(c) is 65 years of age or older. (personne vulnérable)

Requirements

2 (1) Any person entering Canada 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) monitor for signs and symptoms of COVID-19 until the expiry of the 14-day period and, if they develop any signs or symptoms of COVID-19, follow instructions provided by the public health authority specified by a screening officer or quarantine officer.

Non-application — symptomatic persons

(2) Paragraph (1)(b) does not apply to persons referred to in section 4.

Non-application

3 The requirements referred to in paragraph 2(1)(a) 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 as 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 as 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;
(e) a person or any person in a class of persons who, in the opinion of the Chief Public Health Officer will provide an essential service while in Canada;
(f) a person whose presence in Canada, in the opinion of 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 permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations;
(h) a person who enters Canada for the purpose of providing medical care or transporting essential medical equipment, supplies, or means of treatment; or
(i) a person who enters Canada for the purpose of receiving essential medical services or treatments, other than services or treatments related to COVID-19.

Requirements — symptomatic persons

4 Any person entering Canada who has a fever and a cough or a fever and difficulty breathing, or who has reasonable grounds to suspect they have these symptoms, must

(a) disclose that fact to a screening officer or quarantine officer; 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 self-isolate

5 (1) A person referred to in section 4 is considered as unable to self-isolate if they meet the following conditions:

(a) the person has to use a public means of transportation, including aircraft, bus, train, taxi, subway, a ride-sharing service, from the place where they enter Canada to arrive at the place where they will isolate themselves; or
(b) the person cannot isolate themselves for a period of 14 days in a place where they will not
- (i) be in contact with vulnerable persons, or
- (ii) have access to the necessities of life.

Requirements

(2) A person who meets one of the conditions set out in paragraph (1)(a) or (b) must

(a) 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, including at any time during the 14-day period referred to in paragraph (b);
(b) remain in isolation at the quarantine facility until the expiry of the 14-day period that begins on the day on which they entered Canada; and
(c) while the person remains at the quarantine facility, undergo any health assessments that a quarantine officer requires.

Choice of quarantine facility

6 In choosing a quarantine facility for the purposes of this Order, 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; and
(e) any other factor that the Chief Public Health Officer considers relevant.

Non-application — medical emergency

7 (1) The requirement to remain in isolation as referred to in paragraphs 2(1)(a) and 5(2)(a) and (b) does not apply for the duration of any medical emergency 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 5(2), is outside the quarantine facility referred to in paragraph 5(2)(a).

Non-application — other grounds

(2) The requirement to remain in isolation as referred to in paragraphs 2(1)(a) and 5(2)(a) and (b) does 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.

Powers and obligations

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

Effective period

9 This Order has effect for the period beginning at 00:00.01 a.m. Eastern Daylight Time on March 25, 2020 and ending at 00:00:01 a.m. Eastern Daylight Time on June 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), is made pursuant to section 58 of the Quarantine Act.

This Order works in conjunction with an Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 made pursuant to subsection 6.1(1) of the Aeronautics Act, which came into force on March 18, 2020, and prohibits air carriers from permitting foreign nationals from boarding flights to Canada.

This Order complements the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from the United States) made on March 20, 2020, and the Order in Council entitled, Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from any country other than the United States), made on March 22, 2020.

Objective

The objective of this Order is to manage all persons who enter Canada whether by air, land, rail and sea, to minimize the travel-related risk of introduction and spread of COVID-19 coronavirus disease. The Order requires all persons who enter Canada to isolate for 14 days from the day upon which they entered Canada. The Order prohibits those who exhibit signs and symptoms consistent with COVID-19 coronavirus disease from using a public mode of transportation to arrive at their place of self-isolation, or proceed to a place to self-isolate if, in that place they would be in contact with vulnerable persons, or not have access to the necessities of life. Symptomatic individuals who are unable to self-isolate will be placed in a designated quarantine facility.

This Order will be in effect from the period beginning on March 25, 2020, and ending on June 30, 2020.

Background

COVID-19 coronavirus disease 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, who 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 coronavirus disease has now affected the majority of countries across the globe. The science around the virus is still in its infancy. The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 coronavirus disease to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. As of March 23, 2020, about half of all COVID-19 cases in Canada are travel related. Furthermore, there have been a number of non-travel-related cases, reported by several provinces, signalling a degree of community spread.

The Government of Canada is implementing a comprehensive strategy with layers of precautionary measures to limit the introduction and spread of COVID-19 coronavirus disease. On March 11, 2020, the Prime Minister outlined Canada’s whole-of-government response by establishing a more than $1 billion COVID-19 Response Fund. On March 18, 2020, the Government announced an additional $82 billion aid package to help Canadians and businesses cope with the global COVID-19 pandemic. The Government is advising Canadians to avoid all non-essential travel, avoid mass gatherings, practice social distancing and take self-isolation measures to prevent further transmission of the virus. On March 18, 2020, the Prime Minister announced that Canada and the United States have agreed to temporarily restrict all non-essential travel across the Canada-U.S. border.

On March 13, 2020, to address the global spread of COVID-19 coronavirus disease, the Government of Canada began asking that all travellers entering Canada self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur. This Order provides the Government with the authority to require compliance and to take enforcement measures as necessary to protect the public health.

There is an outbreak of a communicable disease in a foreign country

The COVID-19 coronavirus disease 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). Common signs of infection include respiratory symptoms, fever, cough, shortness of breath and breathing difficulties.

Coronaviruses are spread among humans through the inhalation of airborne infectious respiratory droplets (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 coronavirus disease outbreak and is exacerbated by a lack of immunity in the general population.

Outside of China, five countries (Italy, Iran, Spain, the United States, and Germany) make up 61% of international cases. As of March 21, 2020, there are 271 267 confirmed cases of COVID-19 globally, including 11 250 deaths. Some patients have successfully recovered and have been discharged from care. However, human transmission involving large numbers of patients continues to be possible.

On March 13, 2020, the Government put an official global travel advisory into effect advising against non-essential travel outside Canada until further notice.

The introduction or spread of the disease would pose an imminent and severe risk to public health in Canada

COVID-19 has been clearly demonstrated to cause 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. Current data suggests that approximately 16% of cases are severe or critical in nature. Older individuals and those with a weakened immune system or 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. Current treatment is supportive and aimed at relief of symptoms and treatment of associated medical complications. There are no specific treatments for COVID-19 coronavirus disease, and there is no preventative vaccine currently available.

The entry of members of a certain class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada

COVID-19 has demonstrated to date that it can cause widespread illness if not properly contained. Global efforts are focused on containment of the outbreak and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of measures. This Order recognizes that it is no longer possible to pinpoint specific international hot zones from which to protect Canadians. There is widespread infection reported by numerous countries and it is important to recognize that many countries do not have sufficient capacity to detect cases. If widespread disease occurs in Canada, the health system could easily be overwhelmed, further increasing negative health impacts. This risk has recently been demonstrated in Italy, a G7 country with a similar health care system.

To date, the vast majority of cases in Canada are linked to international travel (e.g. China, Iran, Egypt, Italy, Spain, and the United States).

This Order complements the two previous Orders in Council: Emergency Order entitled, Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from the United States), made on March 20, 2020, prohibits non-U.S. foreign nationals from entering Canada, by any mode (land, air, and sea), for non-essential purposes; and the Emergency Order entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada from any country other than the United States) prohibits the entry of foreign nationals travelling to Canada from all countries by any modes of travel, including air, land and sea.

No reasonable alternatives to prevent the introduction or spread of the disease are available

For cases in Canada to date, self-isolation has generally worked thanks to the excellent civic duty and care exercised by returning Canadians (e.g. initial Toronto, Ontario, cases). Contact tracing and follow up by local health authorities have also been effective measures. This Order is an increased measure warranted to address the serious nature of the disease and the potential for non-compliance inherent with voluntary self-isolation for all travellers.

On March 13, 2020, to address the global spread of COVID-19 coronavirus disease, the Government of Canada began asking that all travellers entering Canada to self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur.

To support this direction, travellers are provided with information packages on what to observe and who to contact in case symptoms develop. As part of this approach, the Canada Border Services Agency (CBSA) asks every traveller to indicate whether they are experiencing any symptoms of COVID-19 coronavirus disease and to acknowledge the 14-day self-isolation request through an electronic kiosk questionnaire. Anyone who self-identifies as feeling unwell upon arrival at the border are assessed for symptoms including fever, cough and difficulty breathing. Public Health Agency of Canada officers assist the CBSA in the screening assessment and then completion of a health assessment that includes gathering information on exposure risk, and signs and symptoms of illness. However, further measures are warranted with the increasing spread of the disease.

On March 18, 2020, an Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 made pursuant to subsection 6.1(1) of the Aeronautics Act came into force. This interim order requires air carriers on flights to Canada to deny boarding of any traveller prohibited from entering Canada under the Order. The Interim Order also requires air carriers to deny any travellers exhibiting COVID-19 symptoms from boarding a flight to Canada. A notice was also issued under that Act to redirect international passenger flights to four airports, except those originating in the United States, Mexico, Central America, South America, and from Saint-Pierre and Miquelon (France). A new Aeronautics Act Interim Order, entitled Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2, is being made to support this Order, Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Mandatory Isolation).

Evidence suggests that the vast majority of Canadian cases continue to be linked to international travel and that COVID-19 has demonstrated to date that it can cause widespread illness if not properly contained. Canada continues to manage and prevent the spread of the virus through case identification, contact tracing and isolation measures in line with WHO and other health authority recommendations for containment of COVID-19. This Order makes these voluntary measures mandatory to help further minimize the spread of COVID-19 coronavirus disease, and reduce the threat presented by international travel.

Implications

Key impacts for travellers

All travellers who enter Canada will be required to self-isolate for 14 days from when they enter Canada, with some exceptions.

Those travellers who upon entry into Canada exhibit signs and symptoms consistent with COVID-19 coronavirus disease, namely a fever and cough, or a fever and breathing difficulties, will not be allowed to use a public mode of transportation to arrive at their place of self-isolation, and will be required to monitor their symptoms, undergo any health assessment that a quarantine officer may require and report to the public health authority for additional health care support.

Asymptomatic travellers who do not exhibit signs and symptoms consistent with COVID-19 coronavirus disease will be required to self-isolate and report to the public health authority if signs and symptoms develop. The requirements for asymptomatic travellers do not apply to those individuals who have entered Canada for an essential purpose.

Employment insurance provisions

Workers and businesses hurt by the COVID-19 pandemic may be eligible for direct support as announced by the Government of Canada on March 18, 2020. Specifically, the employment insurance (EI) sickness benefit includes being unable to work because of illness or quarantine. The one-week waiting period for sickness benefits will be removed for those who have been told to self-isolate or quarantine, meaning applicants can be paid for the first week of their claim.

Furthermore, as announced on March 18, 2020, those who do not qualify for EI may be eligible for the Emergency Care Benefit and/or the Emergency Support Benefit.

Penalties

Consultation

The Government of Canada has engaged key stakeholders (provinces and territories, airlines and airports, and marine operators) to align efforts and advance implementation plans.

Departmental contact

George Samiotis
Public Health Agency of Canada
Telephone: 343‑542‑6031
Email: george.samiotis@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. 2020-162 March 22, 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 would pose 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)

Definition of immediate family member

1 In this Order, 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 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.

Prohibition

2 Any foreign national, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, 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 registered as an Indian under the Indian Act;
(c) a person who is authorized, in writing, by a consular officer of the Government of Canada to enter Canada for the purpose of reuniting immediate family members;
(d) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations;
(e) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations;
(f) 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;
(g) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
(h) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
(i) 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;
(j) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act;
(k) 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;
(l) a person or any person in a class of persons who, in the opinion of 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;
(m) a person whose presence in Canada, in the opinion of 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;
(n) a person who arrives by means of an aircraft, if the scheduled arrival in Canada according to the flight plan is before 11:59 p.m. Eastern Daylight Time on March 21, 2020; or
(o) a person who arrives by means of a vessel as defined in section 2 of the Canada Shipping Act, 2001, if the vessel departed before 00:00:01 am Eastern Daylight Time on March 21, 2020 and had a scheduled destination of Canada upon its departure.

Exception

(2) Despite subsection (1), a foreign national is prohibited from entering Canada from a foreign country other than the United States if

(a) if they exhibit the following signs and symptoms:
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties; or
(b) they are a person referred to in paragraph 3(a), (d), (e), (f) or (k) or subparagraph 3(l)(i) who seeks to enter Canada for an optional or discretionary purpose, including tourism, recreation and entertainment.

Powers and obligations

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

Repeal of P.C. 2020-0157

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

Effective period

6 This Order has effect for the period beginning at 00:00.01 a.m. Eastern Daylight Time on March 21, 2020, and ending at 00:00:01 a.m. Eastern Daylight Time on June 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.

This Order repeals and replaces the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada) made on March 18, 2020, so that Canada has a comprehensive, consistent approach to addressing the public health risks associated with COVID-19 coronavirus disease, regardless of the mode of entry or country of origin of travellers.

This Order complements the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) made on March 20, 2020, pursuant to section 58 of the Quarantine Act.

Objective

The objective of this Order is to enhance recent border measures to minimize the risk of exposure to COVID-19 coronavirus disease from being transmitted by travellers entering Canada from foreign countries. This Order broadens the scope of the previous Order, made on March 18, 2020, from air travel to all modes of travel, including land and sea. Therefore, this Order prohibits foreign nationals from all countries, with the exception of the United States, from entering Canada by all modes of travel (air, sea and land).

The Order aims to minimize the impact of COVID-19 coronavirus disease on the Canadian health care system, which could be overwhelmed if cases of the virus were to significantly spike within Canada. This Order supports Canada’s continued focus on virus containment. The measure is similar to the repealed Order in that it would also not apply to specified exceptions such as immediate family members of Canadian citizens, certain Indigenous peoples of Canada, persons authorized by consular services for purposes of reuniting with immediate family, conveyance crews, diplomats, persons invited by Canada to assist with Canada’s COVID-19 response, persons on military flights or other Canadian military support, protected persons, French citizens who reside in Saint-Pierre and Miquelon, and those whose presence is in the national interest. Most of these exempted persons would not be permitted to enter Canada if they exhibit symptoms of COVID-19 coronavirus disease, or if they seek to enter Canada for optional or discretionary purposes. This new Order also broadens the scope of “immediate family,” to ensure that core family members of citizens are able to enter Canada if needed.

Background

COVID-19 coronavirus disease 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, who 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 coronavirus disease has now affected the majority of countries across the globe. The science around the virus is still in its infancy. The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 coronavirus disease to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. Within the last week, increasing numbers of cases in over 150 countries has resulted in escalating numbers of travel-related COVID-19 cases in Canada. To date, there has been a number of non-travel-related cases, reported by several provinces, signalling a degree of community spread.

The Government of Canada is implementing a comprehensive strategy with layers of precautionary measures to limit the introduction and spread of COVID-19 coronavirus disease. On March 11, 2020, the Prime Minister outlined Canada’s whole-of-government response by establishing a more than $1 billion COVID-19 Response Fund. On March 18, 2020, the Prime Minister announced an additional $82 billion aid package to help Canadians and businesses cope with the global COVID-19 pandemic. The Government is also advising Canadians to avoid all non-essential travel, avoid mass gatherings, and practise social distancing and self-isolation measures to prevent further transmission of the virus.

The Order being repealed was made in the context of avoiding unnecessary restrictions on traffic through the U.S.-Canada border, given the importance of the flow of goods and people to the economy. However, in the very short period since then, the prevalence of new cases in both jurisdictions has increased substantially. There is now global recognition that limiting unnecessary foreign national travel through all modes of transportation is a key measure to reduce the spread of the disease.

On March 19, 2020, in the interest of reducing the spread of COVID-19 while maintaining strong economic relations, the governments of Canada and the United States agreed to adopt temporary reciprocal measures prohibiting entry of all foreign nationals into their respective countries, unless entry is for essential purposes. Those measures aligning with the Canada-U.S. approach were effected through the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

There is an outbreak of a communicable disease in a foreign country

The COVID-19 coronavirus disease 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). Common signs of infection include respiratory symptoms, fever, cough, shortness of breath and breathing difficulties.

Outside of China, Italy is reporting the highest number of cases, followed by Iran, South Korea, Spain, and France. As of March 19, 2020, there are 213 216 confirmed cases of COVID-19 coronavirus disease globally, including 8 842 deaths. Some patients have successfully recovered and have been discharged from care. However, human transmission involving large numbers of patients continues to be possible.

On March 13, 2020, the Government put an official global travel advisory into effect advising against non-essential travel outside Canada until further notice.

The introduction or spread of the disease would pose an imminent and severe risk to public health in Canada

COVID-19 coronavirus disease has been clearly demonstrated to cause 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. Current data suggests that approximately 16% of cases are severe or critical in nature. Older individuals and those with a weakened immune system or 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. Current treatment is supportive and aimed at relief of symptoms and treatment of associated medical complications. There are no specific treatments for COVID-19 coronavirus disease, and there is no preventative vaccine currently available.

The entry of members of a certain class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada

COVID-19 coronavirus disease has demonstrated to date that it can cause widespread illness if not properly contained. Global efforts are focused on containment of the outbreak and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of measures. This Order recognizes that it is no longer possible to pinpoint specific international hot zones from which to protect Canadians. There is widespread infection reported by numerous countries and it is important to recognize that many countries do not have sufficient capacity to detect cases. If widespread disease occurs in Canada, the health system could easily be overwhelmed, further increasing negative health impacts. This risk has recently been demonstrated in Italy, a G7 country with a similar health care system.

To date, the vast majority of cases in Canada are linked to international travel (e.g. China, Iran, Egypt, Italy, Spain, and the United States).

No reasonable alternatives to prevent the introduction or spread of the disease are available

For cases in Canada to date, self-isolation has worked thanks to the excellent civic duty and care exercised by returning Canadians (e.g. initial Toronto, Ontario, cases) and effective contact tracing and follow up by local health authorities. However, the science on the virus is continuously evolving and governments must flexibly adapt their measures to contain the spread of the disease.

As of March 13, 2020, to address the global spread of COVID-19 coronavirus disease, the Government of Canada instituted an approach that now asks that all travellers entering Canada self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur. Information is provided on what to observe and who to contact in case symptoms develop. As part of this approach, the Canada Border Services Agency (CBSA) asks every traveller to indicate whether they are experiencing any symptoms of COVID-19 coronavirus disease and to acknowledge the 14-day self-isolation request through an electronic kiosk questionnaire. Anyone who self-identifies as feeling unwell upon arrival at the border are assessed for symptoms including fever, cough and difficulty breathing. Public Health Agency of Canada officers assist the CBSA in the screening assessment and then completion of a health assessment that includes gathering information on exposure risk, and signs and symptoms of illness. However, further measures are warranted with the increasing spread of the disease.

On March 18, 2020, an Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 made pursuant to subsection 6.1(1) of the Aeronautics Act came into force. The Interim Order prohibits air carriers from permitting foreign nationals from boarding flights to Canada if they are not permitted to enter Canada under the Quarantine Act. A new Interim Order, Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 2, was made pursuant to the Aeronautics Act on March 21, 2020, to reflect the new U.S.-Canada measures.

It is now known that the virus may be transmissible from infected individuals with mild symptoms and that vulnerable populations are more susceptible to serious illness, and there continues to be no vaccine currently available. Targeted measures that prohibit travel from specific countries are no longer sufficient, now that COVID-19 coronavirus disease is a pandemic. Furthermore, there are limits on the enforceability of measures such as voluntary isolation. By limiting the number of incoming foreign nationals, Canada, in partnership with the United States, is taking strict border measures to limit the risk of the introduction or spread of the COVID-19 coronavirus disease transmitted via travellers from foreign countries.

Implications

Key impacts for travellers

All foreign nationals would be prohibited entry into Canada. The measure is similar to the repealed Order in that it would still not apply to specified exceptions such as immediate family members of Canadian citizens, certain Indigenous peoples of Canada, persons authorized by consular services for purposes of reuniting with immediate family, aircrews, diplomats, persons invited to Canada to assist with Canada’s COVID-19 coronavirus disease response, persons on military flights or other Canadian military support, protected persons, French citizens who reside in Saint-Pierre and Miquelon, and those whose presence is in the national interest. However, most of these exempted persons would not be permitted to enter Canada if they exhibit symptoms of COVID-19 disease, or if they seek to enter Canada for optional or discretionary purposes.

Industries: tourism, aviation, marine, land

The tourism industry is a meaningful contributor to Canada’s economy. Total tourism spending in Canada by international visitors to Canada reached $22 billion in 2018.

The pre-tax profits of the Canadian airline industry each year are about $1.5 billion. The air transportation sector represents thousands of industry jobs. In addition, thousands of jobs support the aviation industry.

The Air Transport Association of Canada, while voicing support of the Government’s actions to curb the spread of COVID-19 coronavirus disease, has also expressed concerns regarding the sustainability of Canadian air carriers.

The international passenger vessel industry in Canada is extensive and can be primarily categorized into two key categories: ferries and tourism-related vessels (e.g. cruise ships, whale watching, or special ecological excursions). In 2019, Canada welcomed over 140 cruise ships that came to our shores directly from more than 10 different countries. The cruise industry brings at least 2 million travellers to our coasts annually.

As a response to COVID-19 coronavirus disease, the Government of Canada will defer the start of the cruise ship season in Canada, from April 2, 2020, to July 1, 2020, at the earliest. This deferral will apply to cruise ships capable of carrying more than 500 passengers and crew members.

Given the limited public health capacity in Canada’s Northern communities, the cruise ship season for vessels with Canadian Arctic stops will be deferred for the entire season this year. This would apply to cruise ships of all sizes.

While this measure does not apply to ferries or smaller vessels at this time, the Government of Canada is also developing an approach to ensure health measures are strengthened in all passenger vessels across Canada.

There will likely also be economic impacts resulting from this measure on other affected businesses. This public health measure is being taken in an effort to minimize the potentially devastating economic and health impacts already in evidence around the globe.

Penalties

Consultation

The Government has also engaged the G7 leaders on its plans to prohibit the entry of most foreign nationals into Canada, and has consulted the U.S. Administration on the Order to facilitate its application on transborder flights as it pertains to screening people getting on U.S. flights.

As part of its commitment to support the International Health Regulations, Canada will also be notifying the World Health Organization of this action.

Departmental contact

George Samiotis
Public Health Agency of Canada
Telephone: 343‑542‑6031
Email: george.samiotis@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. 2020-184 March 26, 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 would pose 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 c}, 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)

Definition of immediate family member

1 In this Order, 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.

Prohibition

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 or by a consular officer of the Government of Canada, 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, in the opinion of 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 whose presence in Canada, in the opinion of 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) a person who arrives by means of a vessel as defined in section 2 of the Canada Shipping Act, 2001, if the vessel departed before 00:00:01 am Eastern Daylight Time on March 21, 2020 and had a scheduled destination of Canada upon its departure;
(m) the holder of a valid work permit or a study permit as defined in section 2 of the Immigration and Refugee Protection Regulations;
(n) a person whose application for a work permit referred to in paragraph (m) 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;
(o) a person whose application for a study permit referred to in paragraph (m) 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;
(p) 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;
(q) a person permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations.
(r) a licensed health care professional with proof of employment in Canada;
(s) a person who seeks to enter Canada for the purpose of delivering, maintaining, or repairing medically-necessary equipment or devices;
(t) a person who seeks to enter Canada for the purpose of making medical deliveries of cells, blood and blood products, tissues, organs or other body parts, that are required for patient care in Canada during or within a reasonable period of time after the expiry of the Order;
(u) 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; or
(v) 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.

Exception — signs and symptoms

(2) Despite subsection (1), a foreign national is prohibited from entering Canada from a foreign country other than the United States if they exhibit the following signs and symptoms:

(a) a fever and cough, or
(b) a fever and breathing difficulties.

Exception — optional or discretionary purpose

(3) Despite subsection (1), a person 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 — order

4 This Order does not apply to

(a) a person registered as an Indian under the Indian Act; or
(b) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

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 of P.C. 2020-0162

6 The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease 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 on the day on which it is made and ending on June 30, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council (colloquially referred to as OIC No. 7), 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.

This Order repeals and replaces the previous Order in Council, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States) [referred to as OIC No. 6], made on March 22, 2020, to broaden the list of foreign nationals who are permitted entry into Canada by any mode of travel (air, sea, and land), despite the general prohibitions on entry for foreign nationals.

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19. Nine additional exemptions have been added (e.g. for Temporary Foreign Workers, student visa holders, providers of emergency services, persons delivering urgent medical supplies, and some health care practitioners). Exempted persons would not be permitted to enter Canada if they exhibit symptoms of COVID-19 coronavirus disease, or if they seek to enter Canada for optional or discretionary purposes. OIC No. 7 does not apply to Indigenous peoples of Canada, nor to protected persons within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Background

COVID-19 coronavirus disease

Current data suggests that approximately 16% of cases are severe or critical in nature. Older individuals and those with a weakened immune system or 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. Current treatment is supportive and aimed at relief of symptoms and treatment of associated medical complications. There are no specific treatments for COVID-19 coronavirus disease, and there is no preventative vaccine currently available.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 coronavirus disease to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. As of March 23, 2020, about half of all COVID-19 cases in Canada are linked to international travel (e.g. China, Iran, Egypt, Italy, Spain, and the United States). Furthermore, there have been a number of non-travel-related cases, reported by several provinces, signalling a degree of community spread.

Outside of China, five countries (Italy, Iran, Spain, the United States, and Germany) make up 61% of international cases. As of March 24, 2020, there are 377 886 confirmed cases of COVID-19 globally, including 16 383 deaths. Some patients have successfully recovered and have been discharged from care. However, human transmission involving large numbers of patients continues to be possible.

It is now known that the virus may be transmissible from infected individuals with mild symptoms, that vulnerable populations are more susceptible to serious illness, and there continues to be no vaccine currently available. Targeted measures which prohibit travel from specific countries are no longer sufficient, now that COVID-19 is a pandemic. Furthermore, there are limits on the enforceability of measures such as voluntary isolation.

Government of Canada response to COVID-19 pandemic

On March 11, 2020, the Prime Minister outlined Canada’s whole-of-government response by establishing a more than $1 billion COVID-19 Response Fund.
On March 13, 2020, the Government put an official global travel advisory into effect advising against non-essential travel outside Canada until further notice. On the same day, to address the global spread of COVID-19 coronavirus disease, the Government of Canada instituted that all travellers entering Canada self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur.
On March 18, 2020, the Government announced an additional $82 billion aid package to help Canadians and businesses cope with the global COVID-19 coronavirus disease pandemic. The Government is advising Canadians to avoid all non-essential travel, avoid mass gatherings, practice social distancing and take self-isolation measures to prevent further transmission of the virus.
On March 18, the Prime Minister announced that Canada and the United States have agreed to temporarily restrict all non-essential travel across the Canada-U.S. border.
On March 18, 2020, an Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 made pursuant to subsection 6.1(1) of the Aeronautics Act came into force. The Interim Order prohibits air carriers from permitting foreign nationals from boarding flights to Canada.
On March 25, 2020, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) came into effect which requires all persons, with some exceptions, who enter Canada to isolate for 14 days from the day upon which they entered Canada.
On March 26, 2020, a joint letter from the Minister of Health and the Minister of Employment, Workforce Development and Disability Inclusion was signed to notify employers of their obligations in supporting the objectives of the COVID-19 public health response when hiring people with work or study permits.

Implications

This Order would broaden the list of exempted persons who will be permitted to enter Canada from another country, except the United States. This is considered necessary in certain instances. For example, it is anticipated that some of the economic impacts associated with COVID-19 coronavirus disease will be minimized by allowing Temporary Foreign Workers into Canada. Healthy foreign nationals who hold a valid Canadian work permit, either now or are issued one by way of the usual application process, would be allowed to board a flight to travel to Canada.

Critically, this exemption will include Temporary Foreign Workers who work on the production and transport of Canada’s food (i.e. agriculture workers, seafood processors, and truck drivers). Much of the work that is done by foreign workers in this category is tied directly to food security and meeting domestic market demand for fruits and vegetables. Early Spring is a critical time for the 2020 Canadian growing and harvesting season.

Key impacts for travellers

The list of exemptions from the previous Order (OIC No. 6) would still apply to previously specified exceptions such as immediate family members of Canadian citizens, persons authorized by consular services for purposes of reuniting with immediate family, aircrews, diplomats, persons invited to Canada to assist with Canada’s COVID-19 coronavirus disease response, persons on military flights or other Canadian-military support, French citizens who reside in Saint-Pierre and Miquelon, and those whose presence is in the national interest. However, exempted persons would not be permitted to enter Canada if they exhibit symptoms of COVID-19 disease, or if they seek to enter Canada for optional or discretionary purposes. OIC No. 7 does not apply to Indigenous peoples of Canada, nor to protected persons within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act as they have the right to health care in Canada.

The Canadian Border Services Agency (CBSA) and the Public Health Agency of Canada (PHAC) collaborate to provide information to travellers at the border on what to observe and who to contact in case symptoms develop. As part of this approach, CBSA asks every traveller to indicate whether they are experiencing any symptoms of COVID-19 coronavirus disease and to acknowledge the 14-day self-isolation request through an electronic kiosk questionnaire. Anyone who self-identifies as feeling unwell upon arrival at the border is assessed for symptoms including fever, cough and difficulty breathing. PHAC officers assist CBSA in the screening assessment and then completion of a health assessment that includes gathering information on exposure risk, and signs and symptoms of illness. However, further measures are warranted with the increasing spread of the disease.

The enforcement of the prohibition on entry for persons who arrive exhibiting COVID-19 coronavirus disease 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.

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 or imprisonment for three years, or both. In collaboration with the provinces and territories, spot checks may be conducted to verify compliance with this Order.

Consultation

Because there are numerous points of entry into Canada, the Government of Canada has engaged key stakeholders (provinces and territories, airlines and airports, and marine operators) to align efforts and advance implementation plans. The Government of Canada is developing guidance for all affected stakeholders that outline the COVID-19 prevention measures in place for Temporary Foreign Workers during their stay in Canada.

As part of its commitment to support the International Health Regulations, Canada will also be notifying the World Health Organization of this action.

Departmental contact

George Samiotis
Public Health Agency of Canada
Telephone: 343‑542‑6031
Email: george.samiotis@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 the United States)

P.C. 2020-161 March 20, 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 would pose 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 d}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

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

Definition of foreign national

1 In this Order, a foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person.

Prohibition — signs and symptoms

2 (1) A foreign national is prohibited from entering Canada from the United States if they exhibit the following signs and symptoms:

(a) a fever and cough; or
(b) a fever and breathing difficulties.

Non-application — certain persons

(2) Subsection (1) does not apply to persons referred to in subsection 4(2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.

Prohibition — optional or discretionary purpose

3 (1) A foreign national is prohibited from entering Canada from the United States unless

(a) they are not entering for an optional or discretionary purpose, including tourism, recreation and entertainment; and
(b) they have been only in the United States or Canada during the period of 14 days before the day on which they seek to enter Canada.

Non-application — certain persons

(2) Paragraph (1)(b) does not apply to persons referred to in

(a) paragraphs 4(2)(a) to (d); or
(b) paragraphs 3(1)(a) to (o) of 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).

Prohibition — claim for refugee protection

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

Non-application — certain persons

(2) Subsection (1) does not apply to

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

Non-application — order

5 (1) This Order does not apply to

(a) a person registered as an Indian under the Indian Act;
(b) a person who, in the opinion of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health; or
(c) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Non-application — aircraft

(2) Section 2 does not apply to a person who arrives by means of an aircraft, if the scheduled arrival in Canada according to the flight plan is before 11:59 a.m. Eastern Daylight Time on March 21, 2020.

Powers and obligations

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

Effective period

7 This Order has effect for the period beginning at 00:00:01 a.m. Eastern Daylight Time on March 21, 2020, and ending at 00:00:01 a.m. Eastern Daylight Time on April 21, 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 the United States), is made pursuant to section 58 of the Quarantine Act.

The Order in Council complements the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada), which was made on March 18, 2020, for the period of March 18 to June 30, 2020.

Objective

The objective of this Order is to protect the health of the public from the introduction or spread of the COVID-19 coronavirus disease transmitted via travellers from foreign countries by prohibiting entry into Canada by foreign nationals for optional or discretionary purposes. This will be in effect beginning at 00:00:01 a.m. Eastern Daylight Time on March 21, 2020, and ending at 00:00:01 a.m. Eastern Daylight Time on April 21, 2020. It is an additional layer to the existing Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada) to limit entry into Canada from the United States of America (U.S.) by any means for a condensed period of time.

The Order aims to minimize the impact of COVID-19 coronavirus disease on the Canadian health care system, which could be overwhelmed if cases of the virus were to significantly spike within Canada. This Order supports Canada’s continued focus on virus containment. The measure does not apply to essential occupational travel between Canada and the United States, such as temporary foreign workers, some persons entering Canada to study, medical deliveries, diplomats, military, supplies, etc. Canada Border Services Agency (CBSA) is working with the Public Health Agency of Canada (PHAC) to promptly develop a guidance document that clarifies the definition of “optional or discretionary purpose”, including tourism, recreation, and entertainment activities to this effect. There are also additional specified exceptions such as some Indigenous peoples of Canada, those designated by the Chief Public Health Officer not to present a risk, and certain refugees.

In order to reduce the public health risks to Canadians and reduce pressure on Canada’s health care system, an order has been made under the Quarantine Act that prohibits a foreign national from entering Canada from the United States for the purpose of making a claim for refugee protection. This means that claimants seeking to enter Canada, from the United States, through any mode of travel (air, marine or land), including between official ports of entry, will be directed back to the United States, a designated safe-third country. Any asylum claim would be deferred and eligible claimants would be allowed to return to have their claims processed in Canada. Limited and specific exceptions apply to respect our international obligations of non-refoulement and protect vulnerable minors so that, for example, unaccompanied minors seeking to claim refugee protection in Canada will be allowed to enter even if they are symptomatic. If symptomatic, they will be provided housing in order to isolate for the required period.

Foreign nationals travelling for essential purposes would be denied entry into Canada if they are exhibiting symptoms of COVID-19 coronavirus disease. This Order forms Canada’s implementation of a joint Canada-U.S. initiative to limit entry of foreign nationals into either country to essential travel purposes and applies to all modes (air, sea, land). The U.S. administration will take similar measures.

Background

COVID-19 coronavirus disease 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 practice approaches to coronaviruses writ large. Originally seen to be a local outbreak, COVID-19 coronavirus disease has now affected the majority of countries across the globe. The science around the virus is still in its infancy. The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 coronavirus disease to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. Within the last week, increasing numbers of cases in over 150 countries has resulted in escalating numbers of travel-related COVID-19 cases in Canada. To date, there have been a number of non-travel-related cases, reported by several provinces, signalling a degree of community spread.

The Government of Canada is implementing a comprehensive strategy with layers of precautionary measures to limit the introduction and spread of COVID-19 coronavirus disease. On March 11, 2020, the Prime Minister outlined Canada’s whole-of-government response by establishing a more than $1 billion COVID-19 Response Fund. On March 18, 2020, the Prime Minister announced an additional $82 billion aid package to help Canadians and businesses cope with the global COVID-19 pandemic. The Government is also advising Canadians to avoid all non-essential travel, avoid mass gatherings, practice social distancing and take self-isolation measures to prevent further transmission of the virus.

There is an outbreak of a communicable disease in a foreign country

The COVID-19 coronavirus disease is caused by a novel coronavirus, named the Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2), capable of causing severe illness. 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 may result in a range of symptoms, including fever, cough, shortness of breath and breathing difficulties.

Outside of China, Italy is reporting the highest number of cases, followed by Iran, South Korea, Spain, and France. As of March 18, 2020, there are 194 000 confirmed cases of COVID-19 globally, including 7 875 deaths. There have also been a significant number of cases appearing in the United States, so additional border measures are appropriate at this time. Some patients have successfully recovered and have been discharged from care. However, human transmission involving large numbers of patients continues to be possible.

On March 13, 2020, the Government put an official global travel advisory into effect advising against non-essential travel outside of Canada until further notice.

The introduction or spread of the disease would pose an imminent and severe risk to public health in Canada

The entry of members of a certain class of persons into Canada may introduce or contribute to the spread of the communicable disease in Canada

To date, the vast majority of cases in Canada are linked to international travel (e.g. China, Iran, Egypt, Italy, Spain, and the United States).

No reasonable alternatives to prevent the introduction or spread of the disease are available

As of March 13, 2020, to address the global spread of COVID-19 coronavirus disease, the Government of Canada instituted an approach that now asks that all travellers entering Canada self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur. Information is provided on what to observe and who to contact in case symptoms develop. As part of this approach, the CBSA asks every traveller to indicate whether they are experiencing any symptoms of COVID-19 coronavirus disease and to acknowledge the 14-day self-isolation request through an electronic kiosk questionnaire. Anyone who self identifies as feeling unwell upon arrival at the border is assessed for symptoms including fever, cough and difficulty breathing. Public Health Agency of Canada officers assist the CBSA in the screening assessment and then completion of a health assessment that includes gathering information on exposure risk, and signs and symptoms of illness. However, further measures are warranted with the increasing spread of the disease.

On March 18, 2020, an Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19 made pursuant to subsection 6.1(1) of the Aeronautics Act came into force. The Interim Order prohibits air carriers from permitting foreign nationals from boarding flights to Canada. The Interim Order makes exceptions for a person who has only been in Canada or the United States in the previous 14 days and for French citizens who reside in St-Pierre and Miquelon, France.

It is now known that the virus may be transmissible from infected individuals with mild symptoms and that vulnerable populations are more susceptible to serious illness, and that there continues to be no vaccine currently available. Targeted measures that prohibit travel from specific countries are no longer sufficient, now that COVID-19 is a pandemic. Furthermore, there are limits on the enforceability of measures such as voluntary isolation. By limiting the number of incoming foreign nationals, Canada, in partnership with the United States, is taking strict border measures to limit the risk of the introduction or spread of the COVID-19 coronavirus disease transmitted via travellers from foreign countries.

Implications

Key impacts for travellers

To limit the spread of COVID-19 disease while maintaining strong Canada-U.S. economic relations, Canada and the United States are adopting reciprocal measures to bar entry into their respective countries by foreign nationals, and restricting entry to each other’s country where travel is not essential.

In Canada, under the Quarantine Act, the Minister of Health will require Canada Border Services Agency Screening Officers to prohibit foreign nationals at air, sea, and land borders from entering Canada for optional or discretionary purposes, including tourism, recreation, and entertainment.

Foreign nationals who provide essential services will be permitted entry, unless they are exhibiting symptoms of COVID-19 coronavirus disease.

Industries: tourism, aviation, marine, land

The tourism industry is a meaningful contributor to Canada’s economy. Total tourism spending in Canada by international visitors to Canada reached $22 billion in 2018.

The Air Transport Association of Canada, while voicing support of the Government’s actions to curb the spread of COVID-19, has also expressed concerns regarding the sustainability of Canadian air carriers.

The international passenger vessel industry in Canada includes operations that ferry passengers and tourism-related operations (e.g. smaller excursions that travel to the United States). There are 12 known ferries that operate between Canadian and U.S. borders. These range in passenger capacity from 80 (Walpole Island Ferry, which provides service between Ontario and Michigan year-round, every 20 minutes) to 1 200 (Washington State Ferries, which provide service between Washington State and British Columbia from spring to fall, 1–2 times per day). Of these ferries, four are currently in use (one for commercial traffic only — Windsor-Detroit).

While air travel accounts for a meaningful portion of total travel to Canada, land-based transportation options are the overwhelming choice of visitors from the United States. This includes rail travel, so it anticipated that there will also be financial implications on the commercial aspect of this conveyance sector.

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

Given the numerous points of entry to Canada for international conveyances, the Government of Canada has engaged key stakeholders (provinces and territories, airlines, airports and ferry operators) to align efforts and advance implementation plans.

The Government has also engaged G7 leaders on its plans to prohibit the entry of most foreign nationals into Canada and has consulted the U.S. administration on the Order. This Order implements Canada’s commitment to a joint agreement with the U.S. administration to restrict entry of foreign nationals to both countries.

As part of its commitment to support the International Health Regulations, Canada will also be notifying the World Health Organization of this action.

Departmental contact

George Samiotis
Public Health Agency of Canada
Telephone: 343‑542‑6031
Email: george.samiotis@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 the United States)

P.C. 2020-185 March 26, 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 would pose 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 e}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

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

Definition of foreign national

1 In this Order, foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.

Prohibition — signs and symptoms

2 (1) A foreign national is prohibited from entering Canada from the United States if they exhibit the following signs and symptoms:

(a) a fever and cough; or
(b) a fever and breathing difficulties.

Non-application — certain persons

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

Prohibition — optional or discretionary purpose

3 A foreign national is prohibited from entering Canada from the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.

Prohibition — been outside Canada or the United States

4 (1) A foreign national who seeks to enter Canada from the United States for a purpose other than an optional or discretionary purpose is nonetheless prohibited from entering Canada if they have been outside Canada and the United States during the period of 14 days before the day on which they seek to enter Canada.

Non-application — certain persons

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

(a) referred to in subsection 5(2) who seeks to enter Canada from the United States for the purpose of making a claim for refugee protection; or
(b) referred to in subsection 3(1) of 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).

Prohibition — claim for refugee protection

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

Non-application — certain persons

(2) Subsection (1) does not apply to

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

Non-application — order

6 This Order does not apply to

(a) a person registered as an Indian under the Indian Act;
(b) a person who, in the opinion of the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health; or
(c) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Powers and obligations

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

Repeal of P.C. 2020–0161

8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)^{footnote 3} is repealed.

Effective period

9 This Order has effect for the period beginning on the day on which it is made and ending on April 21, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council (colloquially referred to as OIC-9), entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States), is made pursuant to section 58 of the Quarantine Act.

The Order in Council repeals and replaces the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) (referred to as OIC-5), which came into force on March 20, 2020.

This Order complements the 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).

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19. This measure continues to prohibit entry into Canada by foreign nationals from the United States for optional or discretionary purposes. This updated Order aligns the exemption from the requirement to remain in the United States for 14 days prior to entering Canada contained in this order with the amended complementary 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). Exempted persons would not be permitted to enter Canada if they exhibit symptoms of COVID-19 coronavirus disease. This Order will be in effect once it is made until April 21, 2020.

Background

COVID-19

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 coronavirus disease to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. To date, the vast majority of cases in Canada are linked to international travel (e.g. China, Iran, Egypt, Italy, Spain, and the United States). As of March 23, 2020, about half of all COVID-19 cases in Canada are travel related. Furthermore, there have been a number of non-travel-related cases, reported by several provinces, signalling a degree of community spread.

Outside of China, five countries (Italy, Iran, Spain, the United States, Germany) make up 61% of international cases. As of March 24, 2020, there are 377 886 confirmed cases of COVID-19 globally, including 16 383 deaths. Some patients have successfully recovered and have been discharged from care. However, human transmission involving large numbers of patients continues to be possible.

Government of Canada response to COVID-19 pandemic

On March 11, 2020, the Prime Minister outlined Canada’s whole-of-government response by establishing a more than $1 billion COVID-19 Response Fund.
On March 13, 2020, the Government put an official global travel advisory into effect advising against non-essential travel outside Canada until further notice. On the same day, to address the global spread of COVID-19 coronavirus disease, the Government of Canada instituted that all travellers entering Canada self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur.
On March 18, 2020, the Government announced an additional $82 billion aid package to help Canadians and businesses cope with the global COVID-19 pandemic. The Government is advising Canadians to avoid all non-essential travel, avoid mass gatherings, practice social distancing and take self-isolation measures to prevent further transmission of the virus.
On March 18, 2020, the Prime Minister announced that Canada and the United States have agreed to temporarily restrict all non-essential travel across the Canada-U.S. border.
On March 18, 2020, an Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, made pursuant to subsection 6.1(1) of the Aeronautics Act, came into force. The Interim Order prohibits air carriers from permitting foreign nationals from boarding flights to Canada.
On March 25, 2020, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) came into effect which requires all persons, with certain exceptions, who enter Canada to isolate for 14 days from the day upon which they entered Canada.
On March 26, 2020, a joint letter from the Minister of Health and the Minister of Employment, Workforce Development and Disability Inclusion was signed to notify employers of their obligations in supporting the objectives of the COVID-19 public health response when hiring people with work or study permits.

In order to reduce the public health risks to Canadians and reduce pressure on Canada’s health care system, the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) (referred to as OIC-5), which came into force on March 20, 2020, prohibits a foreign national from entering Canada from the United States for the purpose of making a claim for refugee protection. This means that claimants seeking to enter Canada, from the United States, through any mode of travel (air, marine or land), including between official ports of entry, will be directed back to the United States, a designated safe-third country.

Any asylum claim would be deferred and eligible claimants would be allowed to return to have their claims processed in Canada after the emergency order is lifted. Limited and specific exceptions apply to respect our international obligations of non-refoulement and protect vulnerable minors so that, for example, unaccompanied minors seeking to claim refugee protection in Canada will be allowed to enter even if they are symptomatic. If symptomatic, they will be provided housing in order to isolate for the required period.

Foreign nationals travelling for essential purposes would be denied entry into Canada if they are exhibiting symptoms of COVID-19 coronavirus disease.

This Order represents Canada’s implementation of a joint Canada-U.S. initiative to limit entry of foreign nationals into either country to essential travel purposes and applies to all modes (air, sea, land). The U.S. Administration will take similar measures.

Canada Border Services Agency (CBSA) is working with the Public Health Agency of Canada (PHAC) Transport Canada, and Immigration, Refugees and Citizenship Canada to promptly develop a guidance document that clarifies the definition of “optional or discretionary purpose, including tourism, recreation, and entertainment activities” to this effect.

Implications

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

This Order will align the list of exempted persons permitted to enter Canada from the United States with 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), which was recently amended.

Healthy foreign nationals who hold a valid Canadian work permit, either now or are issued one by way of the usual application process, would be allowed to board a flight to travel to Canada. The exemption for Temporary Foreign Workers is critical in order for the work to continue for the production and transport of Canada’s food (i.e. agriculture workers, seafood processors, truck drivers). Much of the work that is done by foreign workers in this category is tied directly to food security and meeting domestic market demand for fruits and vegetables. Early spring is a critical time for the 2020 Canadian growing and harvesting season.

Key impacts for travellers

To limit the spread of COVID-19 disease while maintaining strong Canada-U.S. economic relations, Canada and the United States are adopting reciprocal measures to bar entry into their respective countries by foreign nationals and restricting entry to each other’s country where travel is not essential.

In Canada, under the Quarantine Act, as with the previous Order (No.5), this new Order requires Canada Border Services Agency Screening Officers to prohibit foreign nationals at air, sea, and land borders from entering Canada for optional or discretionary purposes, including tourism, recreation, and entertainment. Foreign nationals who provide essential services will be permitted entry, unless they are exhibiting symptoms of COVID-19 coronavirus disease.

CBSA asks every traveller to indicate whether they are experiencing any symptoms of COVID-19 coronavirus disease and to acknowledge the 14-day self-isolation request through an electronic kiosk questionnaire. Anyone who self identifies as feeling unwell upon arrival at the border is assessed for symptoms including fever, cough and difficulty breathing. Public Health Agency of Canada officers assist CBSA in the screening assessment and then completion of a health assessment that includes gathering information on exposure risk, and signs and symptoms of illness. However, further measures are warranted with the increasing spread of the disease.

Penalties

Consultation

The Government has also engaged G7 leaders on its plans to prohibit the entry of most foreign nationals into Canada and has consulted the U.S. Administration on the Order. This Order implements Canada’s commitment to a joint agreement with the U.S. Administration to restrict entry of foreign nationals to both countries.

As part of its commitment to support the International Health Regulations, Canada will also be notifying the World Health Organization of this action.