Canada Gazette, Part I, Volume 154, Number 17: ORDERS IN COUNCIL

April 25, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2

P.C. 2020-260 April 14, 2020

Whereas the Governor in Council is of the opinion that

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. 2.

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2

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)

Every Person Entering Canada

Requirement

2 Every person entering Canada must answer any relevant questions asked by a screening officer, quarantine officer or other public health official designated under section 2.1 and provide to the officer or official any information or record in their possession that the officer or official requires, in any manner that the officer or official 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

2.2 Every person must wear a non-medical mask or face covering that the screening officer or quarantine officer considers appropriate upon entry and while in transit to isolation or quarantine, unless the mask or face covering needs to be removed for security or safety reasons.

Asymptomatic Persons

Requirements — asymptomatic persons

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

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 or is exposed to another person subject to this Order who exhibits signs and symptoms of COVID-19.

Unable to quarantine themselves

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

Requirement — quarantine in a quarantine facility

(2) A person who meets one of the conditions set out in paragraphs (1)(a) to (c) must

Transfer

(3) The 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 4(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 or is exposed to another person subject to this Order who exhibits signs and symptoms of 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:

Non-application — certain persons

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

Non-application — 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 subsections 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 subsection 4(2).

Non-application — 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

Exception — leaving Canada

8 A person who must quarantine themselves under section 3 or remain in quarantine at a quarantine facility under section 4 may leave Canada before the expiry of the 14-day quarantine period provided they continue to quarantine themselves until they depart from Canada and provided they depart in a manner consistent with the travel requirements set out in section 2.2.

Symptomatic Persons

Requirements — symptomatic persons

9 Any person entering Canada who has COVID-19 or has signs and symptoms of COVID-19 or has reasonable grounds to suspect they have such signs and symptoms must

Unable to isolate themselves

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

Requirements — quarantine facility

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

Transfer

(3) The 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 10(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:

Non-application — 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 subsection 10(2).

Non-application — 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

Exception — leaving Canada

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

Powers and Obligations

Powers and obligations

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

Non-application

Non-application of P.C. 2020-71

15 The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Persons Not on Government Flight), P.C. 2020-71 of February 19, 2020, does not apply to any person who enters Canada on or after April 15, 2020.

Non-application of P.C. 2020-175

16 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), P.C. 2020-175 of March 24, 2020, does not apply to any person who enters Canada on or after April 15, 2020.

Repeal

17 The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order footnote 1 is repealed.

Effective Period

April 15, 2020 to June 30, 2020

18 This Order has effect for the period beginning on April 15, 2020 and ending 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), No. 2, is made pursuant to section 58 of the Quarantine Act.

This Order applies to persons who enter Canada after the date the Order is made, thus superseding the similarly named mandatory isolation Order (P.C. 2020-175) and the Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Persons Not on Government Flight) [P.C. 2020-71], made on February 19, 2020. It also repeals the Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (P.C. 2020-70), made on February 17, 2020.

This Order works in conjunction with the Interim Order to Prevent Certain Persons from Boarding Flights to Canada due to COVID-19, No. 5 made pursuant to subsection 6.41(1) of the Aeronautics Act, which came into force on April 9, 2020, and prohibits air carriers from permitting certain travellers to board flights to Canada.

This Order complements Orders in Council specifying border entry restrictions due to COVID-19, such as the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) [P.C. 2020-185] made on March 26, 2020; and 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) [P.C. 2020-184], made on March 26, 2020.

This Order will be in effect from the period beginning on April 15, 2020, and ending on June 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 updated Order addresses newly emerging public health science on COVID-19 that indicates that even asymptomatic or pre-symptomatic individuals can spread the disease. The Order builds on the previous requirements, but now has additional stringent measures to reduce the spread by persons who do not have symptoms on arrival at the border. In this sense, the Order requires all persons who enter Canada to be placed into one of two categories: asymptomatic versus symptomatic.

Asymptomatic: Those who are asymptomatic upon arrival at the border must now wear a non-medical mask or face covering upon entering Canada and when travelling via public transportation to their destination within Canada, continue to quarantine (self-isolate) themselves for 14 days and follow the instructions of local public health authorities. Asymptomatic persons would be required to enter a quarantine facility determined by the Chief Public Health Officer if they are unable to quarantine in a suitable location, without being in contact with vulnerable persons, or having access to the necessities of life.

The quarantine (self-isolation) period for asymptomatic persons will be reset if they develop signs and symptoms of COVID-19, or were exposed to COVID-19 from another person subject to this Order, within the 14-day period.

Symptomatic or COVID-19 positive: Those who are symptomatic or COVID-19 positive must wear a non-medical mask or face covering upon entering Canada and while transitioning to private transportation, avoid public transport, isolate for 14 days, and follow the instructions of local public health authorities. Any symptomatic or COVID-19 positive person who cannot isolate in a place that is suitable, without being in contact with vulnerable populations, or where they lack access to the necessities of life, will be transferred to a designated quarantine facility.

The updated Order provides additional clarity on the definitions for some terminology, e.g. isolation, quarantine, and vulnerable persons.

To facilitate operationalization, the Order will also serve to roll up three previous Orders, referred to above, into one without losing the intent of any of the provisions to minimize the risk of introduction and spread of COVID-19 in Canada.

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).

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 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.

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, 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 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 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. Currently, over 72% of Canadian COVID-19 cases have been determined to result from community transmission.

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. Despite increased community spread, there remains the likelihood that cases in Canada are linked to international travel.

No vaccine is available. Targeted measures that prohibit travel from specific countries are no longer sufficient, now that COVID-19 is a pandemic, and there are limits on the enforceability of measures such as voluntary isolation. It is now known that the virus can be transmissible from infected individuals with mild or no symptoms and that vulnerable populations are more susceptible to serious illness. Recent investigation of cases of COVID-19 reported in Singapore identified clusters of cases in which pre-symptomatic transmission is the most likely explanation for the occurrence of secondary cases, which increases the challenges of containment measures. Public health officials recommend inclusion of a period before symptom onset to account for pre-symptomatic transmission, and it is appropriate to update the measures in place to reduce the possibility of spread by those who do not display symptoms.

Government of Canada response to COVID-19 pandemic

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. These measures include the following:

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

With more global COVID-19 experience, recent studies provide evidence that transmission of the virus can happen from infected people even before they develop symptoms, also known as pre-symptomatic transmission. There is also evidence that some infected people who never develop symptoms are also able to transmit the virus, also known as asymptomatic transmission. Both of these methods of transmission can occur among those with close contact or in close physical settings, which increase the challenges of containment measures. It is appropriate to update the measures in place to reduce the possibility of spread by those who do not display overt symptoms.

The measures the Government of Canada is taking are necessary to address the serious health threat presented by COVID-19. The measures will minimally impact individuals to the extent possible and are proportionate when compared to the public health risk associated with the disease.

Implications

Key impacts for persons entering Canada

All travellers who enter Canada will be required to isolate if they have signs and symptoms of COVID-19, or quarantine (self-isolate) if they do not have signs and symptoms of COVID-19, for 14 days from when they enter Canada, with some limited exceptions. The Canada Border Services Agency (CBSA) will ask travellers to confirm they have a suitable location in which to either isolate or quarantine, that does not expose them to vulnerable persons and still provides them access to the necessities of life. All travellers will be required to wear non-medical masks or face covering upon entering Canada and during any onward travel.

Those who are symptomatic or COVID-19 positive must wear a non-medical mask or face covering upon entering Canada and while transitioning to private transportation, avoid public transport, isolate for 14 days, monitor their symptoms, undergo any health assessment that a quarantine officer may require, and follow the instructions of local public health authorities. Any symptomatic or COVID-19 positive person who cannot isolate in a place that is suitable, without being in contact with vulnerable populations or where they lack access to the necessities of life, will be transferred to a designated quarantine facility.

Asymptomatic travellers who do not exhibit signs and symptoms consistent with COVID-19 must wear a non-medical mask or face covering when travelling via public transportation to their destination within Canada, quarantine (self-isolate) themselves for 14 days, and follow the instructions of local public health authorities. Any asymptomatic people who are unable to quarantine (self-isolate) appropriately (e.g. away from vulnerable populations, with access to the basic necessities of life), will be subject to the same requirement as those who are symptomatic, and must go to a place of quarantine determined by the Chief Public Health Officer.

Additional definitions have been provided to minimize any potential confusion with terminology used in the Order. In addition to the existing exemptions under the current mandatory isolation Order, this new Order now also allows exemptions for persons that either

Income support provisions

Workers and businesses unable to work due to the COVID-19 pandemic may be eligible for income support as announced by the Government of Canada. Specifically, on April 6, 2020, the Government of Canada also introduced the Canadian Emergency Response Benefit to support eligible workers who have lost their income due to COVID-19.

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.

Consultation

The Government of Canada has engaged key stakeholders in the provinces and territories to align efforts and advance implementation plans. The Grand Chief of the Mohawk Council of Akwesasne was consulted on the issue pertaining to transborder communities. 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; Crown-Indigenous Relations and Northern Affairs; and Employment and Social Development Canada, given linkages to other Orders.

Departmental contact

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