Canada Gazette, Part I, Volume 154, Number 26: ORDERS IN COUNCIL

June 27, 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 the United States)

P.C. 2020-469 June 19, 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 (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.

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

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

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:

Non-application — Order

6 This Order does not apply to

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. 2020-442

8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) footnote 1 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 July 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 the Order in Council P.C. 2020-442 of the same name, which came into force on June 8, 2020, to extend the effective date. No other changes are being made.

This Order complements the 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 11:59:59 p.m., Eastern Daylight Time, on the date it is made until July 21, 2020.

Objective

This Order extends the effective date of the previous Order restricting entry into Canada from the United States.

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.

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, 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 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 COVID-19 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 in Canada. This includes, for example, the establishment of a more than $1 billion COVID-19 Response Fund, restrictions on non-essential travel, restrictions on cruise ship travel in Canada, and mandatory quarantine and isolation measures to prevent further spread of the virus.

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 15, 2020, there were 2 074 888 detected cases in the United States. By maintaining existing restrictions, 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 continue to be denied entry into Canada, as well as foreign nationals exhibiting signs and symptoms of COVID-19, or who have been diagnosed with COVID-19, unless otherwise exempted from the prohibition on entry.

Foreign nationals who are immediate family members of Canadian citizens and permanent residents will continue to be permitted entry 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, non-optional reason.

All other existing prohibitions on entry of foreign nationals into Canada via the United States continue to apply.

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 or isolate 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

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

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

P.C. 2020-468 June 19, 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 b, makes the annexed Order Amending the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.

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

Amendments

1 The definition quarantine in section 1 of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 footnote 2 is replaced by the following:

2 Paragraph 4(1)(c) of the English version of the Order is replaced by the following:

3 Paragraph 6(f) of the Order is replaced by the following:

4 The Order is amended by adding the following after section 6:

Consultation with Minister of Health

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

5 Subparagraph 10(1)(b)(iii) of the English version of the Order is replaced by the following:

Coming into Force

6 This Order comes into force at 23:59:59 p.m. Eastern Daylight Time on the day on which it is made.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council entitled Order Amending the 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.

The Order is supplemental to the Order in Council P.C. 2020-260, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, which came into force on April 15, 2020.

The Order will be in effect from 11:59:59 p.m., Eastern Daylight Time, on the date it is made.

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by explicitly permitting the addition of public health conditions for persons entering the country under a national interest exemption.

Amendments introduced by this Order will do the following:

Given that a national interest exemption effectively exempts the person or class of persons from the requirement to quarantine or isolate for 14 days after entry into Canada, conditions may include the requirement to comply with alternative stringent measures (such as a cohort quarantine [quarantine of a group of workers together], physical distancing requirements) to prevent the 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.

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 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 precautionary measures. However, if widespread COVID-19 occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts.

Government of Canada response to COVID-19 pandemic

The Government of Canada is implementing a comprehensive strategy with layers of precautionary measures to limit the introduction and spread of COVID-19 in Canada. This includes, for example, the establishment of a more than $1 billion COVID-19 Response Fund, restrictions on non-essential travel, restrictions on cruise ship travel in Canada, and mandatory quarantine and isolation measures to prevent further spread of the virus.

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 16, 2020, there were more than 8 000 000 detected cases of COVID-19 globally. By maintaining existing restrictions for the most part, Canada will continue to reduce the introduction of COVID-19 linked to travellers entering Canada to the extent possible. Canada will continue the existing, limited exemptions that permit necessary trade and transportation for consumer goods, food, and medical supplies.

The robustness and ongoing existence of enhanced border measures has been of high interest to the provinces and territories. As Canada has made progress in flattening the curve, the provinces and territories have begun to re-open their economies. This has created the need for the federal government to consider when and how border measures, including the requirement for mandatory quarantine, might be eased to enable resumption of certain activities or sectors of the economy. The national interest exemption was included in the initial orders in council imposing mandatory isolation and quarantine to enable the federal government to make determinations in the national interest, which could include considerations in addition to those of public health. The ability to impose public health conditions on such exemptions allows for more flexibility in balancing these considerations. For example, given the potential local health impacts of an exemption from the quarantine requirement, a condition could be imposed requiring that local public health authorities have approved alternative public health measures for such exempted persons.

Implications

Key impacts for persons entering Canada

The Order requires that a person entering Canada and benefitting from a national interest exemption from the 14-day quarantine requirement comply with any condition imposed by the relevant Minister, which could include, but is not limited to, following a comprehensive plan that requires testing, health screening, physical distancing and cohorting. Conditions could also include compliance with any identified local public health requirements. Conditions will be developed in collaboration with the Minister of Health to align with the public health intent of the Order.

A person who fails to comply with a condition would no longer benefit from the national interest exemption, and would be required to quarantine for the remainder of the 14 days that started on the day on which they arrived in Canada, as per the usual process. Failure to comply with orders made under the Quarantine Act may result in maximum penalties of a fine of up to $1,000,000 or imprisonment for three years, or both.

Consultation

Discussions have taken place with the chief medical officers of health of all provinces. It was noted that significant risk mitigation measures would need to be in place, such as a work quarantine and enhanced health testing, before any exemption to existing quarantine requirements is considered.

In addition, there has been consultation across multiple government departments, including Global Affairs Canada, Immigration, Refugees and Citizenship Canada, Public Safety Canada, and the Canada Border Services Agency, given their ministers’ responsibilities for determinations in the national interest and public concern about COVID-19.

Departmental contact

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