Canada Gazette, Part I, Volume 154, Number 25: ORDERS IN COUNCIL
June 20, 2020
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. 2020-441 June 8, 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 Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States)
Definitions
1 The following definitions apply in this Order.
- common-law partner has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
- foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- immediate family member, in respect of a person, means
- (a) the spouse or common-law partner of the person;
- (b) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the person or of the person’s spouse or common-law partner;
- (c) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b);
- (d) the parent or step-parent of the person or of the person’s spouse or common-law partner; or
- (e) the guardian or tutor of the person. (membre de la famille immédiate)
Prohibition
2 Any foreign national is prohibited from entering Canada if they arrive from a foreign country other than the United States.
Non-application
3 (1) Section 2 does not apply to
- (a) an immediate family member of a Canadian citizen or of a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
- (b) a person who is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act, to enter Canada for the purpose of reuniting immediate family members;
- (c) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who seeks to enter Canada only to become such a crew member;
- (d) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who seeks to enter Canada only to become such a member of a crew;
- (e) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person;
- (f) a person who seeks to enter Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
- (g) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
- (h) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;
- (i) a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they arrived in Canada;
- (j) a person or any person in a class of persons who, 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;
- (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;
- (w) a person who seeks to enter Canada to take up post as a diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member and the immediate family members of that person; or
- (x) a person who arrives at a Canadian airport aboard a commercial passenger conveyance and who is transiting to a country other than Canada and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations.
Exception — signs and symptoms
(2) A foreign national is prohibited from entering Canada from a foreign country other than the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including
- (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 — immediate family member
(4) Subsection (3) does not apply to a foreign national who is an immediate family member of a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident and can demonstrate the intent to stay in Canada for a period of at least 15 days.
Non-application — order
4 This Order does not apply to
- (a) a person registered as an Indian under the Indian Act;
- (b) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act; or
- (c) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada and leaves Canada to another place outside Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and, in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law and, in the case of an aircraft, the conveyance did not land while in Canada.
Powers and obligations
5 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.
Repeal of P.C. 2020-184
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 1 is repealed.
Effective period
7 This Order has effect for the period beginning at 23.59.59 Eastern Daylight Time on the day on which it is made and ending at 23.59.59 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.
The Order repeals and replaces Order in Council P.C. 2020-184 of the same name, which came into force on March 26, 2020.
This Order complements Order in Council P.C. 2020-260 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.
This Order will be in effect at 23.59.59 p.m. Eastern Daylight Time on the date it is made until 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 Order continues to prohibit entry into Canada of foreign nationals arriving from countries other than the United States (U.S.), with some limited exceptions. Those who are permitted entry generally may do so only if they do not have COVID-19 and do not exhibit signs and symptoms of COVID-19, and only for a non-optional and non-discretionary purpose.
In response to concerns expressed by Canadians around the strict interpretation of the Orders, an approach is being taken that balances a more permissive and compassionate view to family reunification while still respecting the need to protect the Canadian public health and health care system from avoidable potential COVID-19 exposure. This Order includes an amendment to exempt foreign nationals who are immediate family members (as defined in the Order) of Canadian citizens or permanent residents from the prohibition on optional/discretionary entry, provided that they establish their intent to remain in Canada to be with their family member for a period of at least 15 days.
All other existing prohibitions on entry of foreign nationals into Canada continue to apply.
In addition to the changes to enable family reunification, the Order includes technical amendments to address operational issues. These include the following: confirming that conveyances have the right to pass through Canadian waters or airspace in accordance with Canada’s obligations under international conventions; clarifying that travellers who arrive at Canadian airports and remain in a contained area of the airport while in transit to their final international destination are exempt from the prohibition on entry; confirming that unaccredited diplomats and other officials (and their immediate family members) may enter Canada prior to taking up their posts; recognizing that Immigration, Refugees and Citizenship Canada is singularly responsible to address family reunification requests; and aligning the description of COVID-19 signs and symptoms between the Orders. These amendments have no negative impact on public health objectives.
This Order repeals and replaces the previous Order restricting entry into Canada from any country other than the United States.
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 an underlying medical condition have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. Current treatment is supportive, 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, whom it affects, and how to appropriately treat or prevent illness has been limited and based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries across the globe. The science around the virus is still evolving. No vaccine is available to protect Canadians from COVID-19.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not properly contained. Global efforts are focused on identification of cases and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of precautionary measures. However, if widespread disease occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts. There remains the potential for a resurgence of travel-related cases in Canada if the border prohibitions were to be lifted at this time.
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. These measures include the following:
- On March 7, 2020, the Government of Canada advised Canadians to avoid all travel on cruise ships until further notice due to the ongoing COVID-19 outbreak.
- 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 of Canada 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, the Government of Canada advised 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 13, 2020, the Government of Canada suspended the cruise ship season in Canada until July 2020 as a COVID-19 response measure. Given the limited public health capacity in Canada’s Northern communities, the cruise ship season for vessels with Canadian Arctic stops was deferred for the entire season.
- On March 18, 2020, the Government advised 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 had 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, made pursuant to subsection 6.41(1) of the Aeronautics Act, came into force, prohibiting air carriers from permitting certain foreign nationals to board commercial flights to Canada.
- On March 18, 2020, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada) came into force, generally prohibiting foreign nationals from entering Canada by air from all countries, with the exception of persons travelling from the United States who have been in that country or Canada, for at least 14 days.
- On March 20, 2020, the Order in Council Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) came into force, prohibiting entry from the United States for optional or discretionary purposes.
- On March 20, 2020, amendments to the Immigration and Refugee Protection Regulations came into force which, among other things, provide the Canada Border Services Agency (CBSA) with authorities to direct foreign nationals whose entry is prohibited by an order or regulation made under the Quarantine Act back to the United States, and also require that commercial transporters in all modes of transportation not carry prohibited foreign nationals to Canada.
- On March 25, 2020, to address the global spread of COVID-19, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) came into force. Based on the existing science, it required all persons entering Canada to self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities, on a varying scale commensurate with their symptomatic state.
- On March 26, 2020, two border entry prohibition Orders made the week prior were updated to clarify acceptable exemptions, namely 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] 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].
- On April 9, 2020, a notice was issued under the Aeronautics 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).
- On April 15, 2020, the Government of Canada made the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 (P.C. 2020-260), updating the entry requirements to require all persons who enter Canada to wear a non-medical mask or face covering while travelling and to quarantine for 14 days if asymptomatic or to isolate for 14 days if symptomatic in response to emerging science on the potential transmission of COVID-19 by pre-symptomatic or asymptomatic persons.
- On April 22, 2020, and again on May 22, 2020, the Government of Canada extended the effective period of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) given the persisting pandemic.
- On May 29, 2020, the Government of Canada updated measures pertaining to cruise ships and passenger vessels in Canadian waters, such that cruise ships with overnight accommodations allowed to carry more than 100 persons continue to be prohibited from operating in Canadian waters until October 31, 2020. Beginning July 1, 2020, all other passenger vessels must follow provincial, territorial, local and regional health authority requirements for timelines and processes to resume operations. Passenger vessels with the capacity to carry more than 12 persons continue to be prohibited from entering Arctic coastal waters (including Nunatsiavut, Nunavik and the Labrador Coast) until October 31, 2020.
Together, these public health measures have effectively reduced travel-related cases of COVID-19 in Canada. Canada is making progress in flattening the curve, but the future of the pandemic remains uncertain. At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. As of June 1, 2020, there were 1 790 191 detected cases in the United States, 83 071 detected cases in mainland China, and 1 943 816 detected cases in Europe. Canada recognizes the declaration by WHO Member States that part of the actions needed to reduce the spread of COVID-19 include protecting the most vulnerable. By largely maintaining entry restrictions, Canada will continue to reduce the entry of COVID-19 linked to travellers to the extent possible.
Implications
Key impacts for travellers
By limiting the number of incoming foreign nationals, Canada has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.
This Order will continue to exempt certain persons from the prohibition on entering Canada from countries other than the United States, as long as they are entering for non-optional or non-discretionary purposes. Foreign nationals travelling for any purpose will be denied entry into Canada if they are exhibiting signs and symptoms of COVID-19, unless otherwise exempted from the prohibition on entry. The enforcement of the prohibition on entry for persons who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.
This Order will no longer prohibit the entry of foreign nationals who are immediate family members (as defined in the Order) of Canadian citizens and permanent residents provided that they will be entering Canada to be with their immediate family member and can demonstrate their intent to remain in Canada for a period of at least 15 days. This time frame will facilitate the 14-day quarantine period upon entry. Travellers who are unable to meet the 15-day time frame, or whose purpose for entry is not to be with their Canadian family member, will still have to demonstrate their entry is for a non-discretionary or non-optional reason. The changes have been made to apply a more compassionate lens to immediate family members who are seeking to reunite with their loved ones during this unprecedented pandemic.
Provided that they meet the criteria outlined above, immediate family members who were previously temporarily directed back to the United States due to the prohibition on entry to Canada are eligible to return to seek entry to Canada on the date this Order comes into force. This amendment does not, however, guarantee entry to all family members. To enter Canada, all persons must continue to meet the admissibility criteria as outlined in the Immigration and Refugee Protection Act.
Upon entry into Canada, all persons, including the newly permitted immediate family members, become subject to P.C. 2020-260, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, which requires asymptomatic and symptomatic persons permitted entry into Canada to quarantine themselves for 14 days, with some exceptions.
The Government of Canada recognizes that the prohibition on entry to Canada has significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat presented by COVID-19.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both.
Consultation
Given the numerous points of entry into Canada for international conveyances, the Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada, Transport Canada, Public Safety Canada, and Global Affairs Canada, given linkages to other statutory instruments.
Departmental contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.ca
PUBLIC HEALTH AGENCY OF CANADA
QUARANTINE ACT
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
P.C. 2020-442 June 8, 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 Actfootnote a makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
Definitions
1 The following definitions apply in this Order.
- common-law partner has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
- foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- immediate family member with respect to a person means,
- (a) the spouse or common-law partner of the person;
- (b) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of the person or of the person’s spouse or common-law partner;
- (c) a dependent child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependent child referred to in paragraph (b);
- (d) the parent or step-parent of the person or of the person’s spouse or common-law partner; or
- (e) the guardian or tutor of the person. (membre de la famille immédiate)
Prohibition — signs and symptoms
2 (1) A foreign national is prohibited from entering Canada from the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including
- (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(1) or (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 if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
Non-application — immediate family member
(2) Subsection (1) does not apply to a foreign national who is an immediate family member of a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident and can demonstrate the intent to stay in Canada for a period of at least 15 days.
Prohibition — unable to meet quarantine requirement
4 (1) A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 cannot be complied with.
Non-application — certain persons
(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.
Prohibition — claim for refugee protection
5 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person
- (a) seeks to enter Canada at a land port of entry designated by the Minister of Public Safety and Emergency Preparedness under section 26 of the Immigration and Refugee Protection Regulations and
- (i) is a person referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations; or
- (ii) is a citizen of the United States; or
- (b) is a person whose presence in Canada is determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to be in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.
Non-application — certain persons
(2) Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in paragraph 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:
- (a) a citizen of the United States;
- (b) a stateless habitual resident of the United States; or
- (c) a person who
- (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian within the meaning of the Immigration and Refugee Protection Regulations,
- (ii) has neither a spouse nor a common-law partner within the meaning of those Regulations, and
- (iii) has neither a mother or father nor a legal guardian within the meaning of those Regulations in the United States.
Non-application — Order
6 This Order does not apply to
- (a) a person registered as an Indian under the Indian Act;
- (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health;
- (c) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act; or
- (d) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada and leaves Canada to another place outside Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and, in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law and, in the case of an aircraft, the conveyance did not land while in Canada.
Powers and obligations
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. 2020–370
8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)footnote 2 is repealed.
Effective period
9 This Order has effect for the period beginning at 23.59.59 Eastern Daylight Time on the day on which it is made and ending at 23.59.59 Eastern Daylight Time on June 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 repeals and replaces Order in Council P.C. 2020-370 of the same name, which came into force on May 22, 2020.
This Order complements Order in Council P.C. 2020-260 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.
This Order will be in effect from 23.59.59 Eastern Daylight Time on the date it is made until June 21, 2020.
Objective
This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order continues to prohibit entry into Canada by foreign nationals arriving from the United States (U.S.) — with some limited exceptions — for optional or discretionary purposes, including tourism, recreation, and entertainment. Foreign nationals who exhibit signs and symptoms of COVID-19 would continue to be prohibited from entering Canada, with limited exceptions, even if they seek to enter for non-optional or non-discretionary purposes.
In response to concerns expressed by Canadians around the strict interpretation of the Orders, an approach is being taken that balances a more permissive and compassionate view to family reunification while still respecting the need to protect the Canadian public health and health care system from avoidable potential COVID-19 exposure. This Order contains an amendment to exempt foreign nationals who do not have COVID-19 or exhibit signs and symptoms of COVID-19 and who are immediate family members (as defined in the Order) of Canadian citizens or permanent residents from the prohibition on optional/discretionary entry provided that they establish their intent is to remain in Canada to be with their family member for a period of at least 15 days. To facilitate interpretation at the borders, a definition of immediate family members has been included that aligns with that of the existing Order for persons coming from countries other than the United States.
All other existing prohibitions on entry of foreign nationals into Canada via the United States continue to apply.
The Order also contains a technical amendment to confirm that conveyances have the right to pass through Canadian waters or airspace in accordance with Canada’s obligations under international conventions.
This Order repeals and replaces the previous Order restricting entry into Canada from the United States.
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 an underlying medical condition have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. Current treatment is supportive, 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, whom it affects, and how to appropriately treat or prevent illness has been limited and based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries across the globe. The science around the virus is still evolving. No vaccine is available to protect Canadians from COVID-19.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not properly contained. Global efforts are focused on identification of cases and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of precautionary measures. However, if widespread disease occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts. There remains the potential for a resurgence of travel-related cases in Canada if the border prohibitions were to be lifted at this time.
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. These measures include the following:
- On March 7, 2020, the Government of Canada advised Canadians to avoid all travel on cruise ships until further notice due to the ongoing COVID-19 outbreak.
- 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 of Canada 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, the Government of Canada advised 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 13, 2020, the Government of Canada suspended the cruise ship season in Canada until July 2020 as a COVID-19 response measure. Given the limited public health capacity in Canada’s Northern communities, the cruise ship season for vessels with Canadian Arctic stops was deferred for the entire season.
- On March 18, 2020, the Government advised 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 had agreed to temporarily restrict all non-essential travel across the Canada-U.S. border.
- On March 18, 2020, Interim Order to Prevent Certain Persons from Boarding Flights to Canada, made pursuant to subsection 6.41(1) of the Aeronautics Act came into force, prohibiting air carriers from permitting certain foreign nationals to board commercial flights to Canada.
- On March 18, 2020, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada) came into force, generally prohibiting foreign nationals from entering Canada by air from all countries, with the exception of persons travelling from the United States who have been in that country or Canada, for at least 14 days.
- On March 20, 2020, the Order in Council Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) came into force, prohibiting entry from the United States for optional or discretionary purposes.
- On March 20, 2020, amendments to the Immigration and Refugee Protection Regulations came into force which, among other things, provide the Canada Border Services Agency (CBSA) with authorities to direct foreign nationals whose entry is prohibited by an order or regulation made under the Quarantine Act back to the United States, and also require that commercial transporters in all modes of transportation not carry prohibited foreign nationals to Canada.
- On March 25, 2020, to address the global spread of COVID-19, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) came into force. Based on the existing science, it required all persons entering Canada to self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities, on a varying scale commensurate with their symptomatic state.
- On March 26, 2020, two border entry prohibition Orders made the week prior were updated to clarify acceptable exemptions, namely 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] 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].
- On April 9, 2020, a notice was issued under the Aeronautics 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).
- On April 15, 2020, the Government of Canada made the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 (P.C. 2020-260), updating the entry requirements to require all persons who enter Canada to wear a non-medical mask or face covering while travelling and to quarantine for 14 days if asymptomatic or to isolate for 14 days if symptomatic in response to emerging science on the potential transmission of COVID-19 by pre-symptomatic or asymptomatic persons.
- On April 22, 2020, and again on May 22, 2020, the Government of Canada extended the effective period of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) given the persisting pandemic.
- On May 29, 2020, the Government of Canada updated measures pertaining to cruise ships and passenger vessels in Canadian waters, such that cruise ships with overnight accommodations allowed to carry more than 100 persons continue to be prohibited from operating in Canadian waters until October 31, 2020. As of July 1, 2020, all other passenger vessels must follow provincial, territorial, local and regional health authority requirements for timelines and processes to resume operations. Passenger vessels with the capacity to carry more than 12 persons continue to be prohibited from entering Arctic coastal waters (including Nunatsiavut, Nunavik and the Labrador Coast) until October 31, 2020.
Together, these public health measures have effectively reduced travel-related cases of COVID-19 in Canada. Canada is making progress in flattening the curve, but the future of the pandemic remains uncertain. At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. As of June 1, 2020, there were 1 790 191 detected cases in the United States, which account for just less than 50% of all detected global cases. Canada recognizes the declaration by WHO Member States that part of the actions needed to reduce the spread of COVID-19 include protecting the most vulnerable. By maintaining existing restrictions for the most part, Canada will continue to reduce the entry of COVID-19 linked to travellers entering Canada from the United States to the extent possible. Canada will continue the existing, limited exemptions that permit necessary trade and transportation for consumer goods, food, and medical supplies.
Implications
Key impacts for travellers
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 COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.
This Order will continue to permit persons entering Canada from the United States for non-optional or non-discretionary purposes, such as delivering essential services and supplies. Foreign nationals travelling for non-optional or non-discretionary purposes will be denied entry into Canada, as well as foreign nationals exhibiting signs and symptoms of COVID-19, unless otherwise exempted from the prohibition on entry. The enforcement of the prohibition on entry for persons who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.
This Order will no longer prohibit the entry of foreign nationals who are immediate family members (as defined in the Order) of Canadian citizens and permanent residents provided that they will be entering Canada to be with their immediate family member and can demonstrate their intent to remain in Canada for a period of at least 15 days. This time frame will facilitate the 14-day quarantine period upon entry. Travellers who are unable to meet the 15-day time frame, or whose purpose for entry is not to be with their Canadian family member, will still have to demonstrate their entry is for a non-discretionary or non-optional reason. The changes have been made to apply a more compassionate lens to immediate family members who are seeking to reunite with their loved ones during this unprecedented pandemic.
The Order now provides a clear and concise definition of immediate family member which includes
- (a) a spouse or common-law partner of the person;
- (b) a dependant 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 dependant child, as defined in section 2 of the Immigration and Refugee Protection Regulations, of a dependant 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.
Provided that they meet the criteria outlined above, immediate family members who were previously temporarily directed back to the United States due to the prohibition on entry to Canada are eligible to return to seek entry to Canada on the date this Order comes into force. This amendment does not, however, guarantee entry to all family members. To enter Canada, all persons must continue to meet the admissibility criteria as outlined in the Immigration and Refugee Protection Act.
Upon entry into Canada, all persons, including the newly permitted immediate family members, become subject to P.C. 2020-260, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, which requires asymptomatic and symptomatic persons permitted entry into Canada to quarantine themselves for 14 days, with some exceptions.
The Government of Canada recognizes that the prohibition on entry to Canada has significantly impacted the Canadian economy. However, the measures the Government of Canada is taking continue to be necessary to address the serious health threat presented by COVID-19.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both.
Consultation
Given the numerous points of entry into Canada for international conveyances, the Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada, Transport Canada, Public Safety Canada, and Global Affairs Canada, given linkages to other statutory instruments.
Departmental contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.ca