Canada Gazette, Part I, Volume 154, Number 45: ORDERS IN COUNCIL

November 7, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7

P.C. 2020-840 October 30, 2020

Whereas the Governor in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;

Whereas the Governor in Council is of the opinion that the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

Whereas the Governor in Council is of the opinion that 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 whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of the disease are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act^{footnote a}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7.

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7

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)

dependent child

has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)

isolation

means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who have signs and symptoms of COVID-19 or who know that they have COVID-19, in such a manner as to prevent the spread of the disease. (isolement)

permanent resident

has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

protected person

means a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)

quarantine

means the separation of persons in such a manner as to prevent the possible spread of disease. (quarantaine)

quarantine facility

means a place that is designated under section 7 of the Quarantine Act or that is deemed to be designated under subsection 8(2) of that Act. (installation de quarantaine)

signs and symptoms of COVID-19

include a fever and a cough or a fever and difficulty breathing. (signes et symptômes de la COVID-19)

temporary resident

means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

vulnerable person

means a person who

(a) has an underlying medical condition that makes the person susceptible to complications relating to COVID-19;
(b) has a compromised immune system from a medical condition or treatment; or
(c) is 65 years of age or older. (personne vulnérable)

Persons Entering Canada

Requirements — questions and information

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

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

Designation

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

Mask or face covering

2.2 (1) Every person who enters Canada and who is required to quarantine or isolate themselves under this Order must, during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 3(2) or 4(4), wear a non-medical mask or face covering that a screening officer or quarantine officer considers suitable to minimize the risk of introducing or spreading COVID-19

(a) while they are entering Canada; and
(b) while they are in transit to a place of quarantine or isolation, a health care facility or their place of departure from Canada, unless they are alone in a private vehicle.

Persons not subject to quarantine

(2) Every person who enters Canada and who, by virtue of section 6 or subsection 7.1(1), is not required to enter or remain in quarantine must, during the 14-day period that begins on the day on which they enter Canada, if they are in public settings where physical distancing cannot be maintained, wear a non-medical mask or face covering that a screening officer or quarantine officer considers suitable to minimize the risk of introducing or spreading COVID-19.

Non-application

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

Asymptomatic Persons

Requirements — asymptomatic persons

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

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

Period begins again

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

Unable to quarantine themselves

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

(a) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada and any other factor that the Chief Public Health Officer considers relevant;
(b) where they will not be in contact with vulnerable persons, unless the vulnerable person is a consenting adult or is the parent or dependent child in a parent-dependent child relationship; and
(c) where they will have access to the necessities of life without leaving quarantine.

Requirements — quarantine at quarantine facility

(2) A person who, at the time of entry to Canada or at any other time during the 14-day period referred to in section 3, is considered unable to quarantine themselves must

(a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility, or transferring them between quarantine facilities, chosen by the Chief Public Health Officer;
(b) enter into quarantine without delay at the chosen quarantine facility and remain in quarantine at the facility, or at any other quarantine facility to which they are subsequently transferred, until the expiry of that 14-day period; and
(c) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Change of place

(3) A person referred to in subsection (2) may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period referred to in that subsection 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 subsection (1).

Period begins again

(4) The 14-day period begins again and the associated requirements continue to apply if, during that 14-day period, the person develops any signs and symptoms of COVID-19, is exposed to another person who exhibits signs and symptoms of COVID-19 or tests positive for COVID-19.

Choice of quarantine facility

5 In choosing a quarantine facility for the purposes of subsection 4(2), the Chief Public Health Officer must consider the following factors:

(a) the risk to public health posed by COVID-19;
(b) the feasibility of controlling access to the quarantine facility;
(c) the capacity of the quarantine facility;
(d) the feasibility of quarantining persons at the facility;
(e) the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada; and
(f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — requirement to quarantine

6 Paragraph 3(1)(a) and section 4 do not apply to

(a) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who enters Canada only to become such a crew member;
(b) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who enters Canada only to become such a member of a crew;
(c) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
(d) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing their duties as a member of either of those forces;
(e) a person or any person in a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, as long as the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19;
(f) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest, as long as the person complies with any conditions imposed on them by the relevant Minister to minimize the risk of introduction or spread of COVID-19;
(g) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services;
(h) a person who enters Canada for the purpose of providing medical care, transporting essential medical equipment, supplies or means of treatment, or delivering, maintaining or repairing medically necessary equipment or devices, as long as they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada;
(i) a person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19;
(j) a person permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations who enters Canada for the purpose of performing their duties as a student in the health field, as long as they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada;
(k) a licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a licensed health care practitioner, as long as they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the licensed practitioner enters Canada;
(l) a person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada aboard a Canadian fishing vessel or a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning the vessel and exchange of crew;
(m) a habitual resident of an integrated trans-border community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out an everyday function within that community;
(n) a person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States;
(o) a person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, as long as the person remains on board the vessel;
(p) a student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, as long as the government of the province and the local health authority of the place where that listed institution is located have indicated to the Public Health Agency of Canada that the listed institution is approved to accommodate students who are excepted from paragraph 3(1)(a) and section 4;
(q) a driver of a conveyance who enters Canada to drop off a student referred to in paragraph (p) at the listed institution referred to in that paragraph or to pick the student up from that institution, as long as the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from the listed institution and they wear a non-medical mask or face covering while outside the conveyance;
(r) a student who is enrolled at an educational institution in the United States, who attends that educational institution regularly and who enters Canada to return to their habitual place of residence after attending that educational institution;
(s) a driver of a conveyance who enters Canada after dropping off a student who is enrolled at an educational institution in the United States at that institution or after picking up the student from that institution, as long as the driver left the conveyance while outside Canada, if at all, only to escort the student to or from the institution and they wore a non-medical mask or face covering while outside the conveyance;
(t) a dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting;
(u) a driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, as long as the driver leaves the conveyance while in Canada, if at all, only to escort the dependent child to or from the conveyance and they wear a non-medical mask or face covering while outside the conveyance;
(v) a driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, as long as the driver left the conveyance while outside Canada, if at all, only to escort the dependent child to or from the conveyance and they wore a non-medical mask or face covering while outside the conveyance;
(w) a habitual resident of the remote communities of Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access necessities of life from the closest Canadian community where such necessities of life are available;
(x) a habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access necessities of life from the closest American community where such necessities of life are available; and
(y) a person who enters Canada in a conveyance at a land border crossing in the following circumstances, as long as the person remained in the conveyance while outside Canada:
- (i) the person was denied entry to the United States at the land border crossing, or
- (ii) the person entered the territory of the United States but did not seek legal entry to the United States at the land border crossing.

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.

Non-application — persons participating in projects

6.2 Paragraph 3(1)(a) and section 4 do not apply to a person who, under an arrangement entered into between the Minister of Health and the minister responsible for health care in the province where the person enters Canada, is participating in a project to gather information to inform the development of quarantine requirements other than those set out in this Order, as long as the person complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Non-application — medical reason

7 (1) Paragraph 3(1)(a) and section 4 do not apply to a person for the duration of any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, in the case where the person is in a quarantine facility, is outside that quarantine facility.

Non-application — accompanying person

(1.1) If the person to whom quarantine requirements do not apply by virtue of subsection (1) is a dependent child or requires assistance in accessing medical services or treatments, the exception that subsection extends to one other person who accompanies the dependent child or the person requiring assistance.

Non-application — other cases

(2) The requirements set out in sections 3 and 4 do not apply to a person if

(a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements;
(b) those requirements are inconsistent with another requirement imposed on them under the Quarantine Act; or
(c) the Chief Public Health Officer determines that the person or the class of persons that the person is in does not pose a risk of significant harm to public health, and as long as the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19.

Exception — compassionate grounds

7.1 (1) The requirements to remain in quarantine referred to in paragraph 3(1)(a) and subsection 4(2) do not apply to a person if the Minister of Health determines that the person will only leave quarantine for one of the following purposes and if the person only leaves quarantine to:

(a) attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner;
(b) provide care for a Canadian citizen, permanent resident, temporary resident, protected person or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support; or
(c) attend a funeral or end of life ceremony.

Conditions

(2) The exception in subsection (1) applies as long as the person complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Exception — leaving Canada

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

Symptomatic Persons

Requirements — symptomatic persons

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

(a) isolate themselves without delay in accordance with instructions provided by a screening officer or a quarantine officer and remain in isolation until the expiry of the 14-day period that begins on the day on which the person enters Canada; and
(b) during that 14-day period, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and report to the public health authority specified by a screening officer or quarantine officer if they require additional medical care.

Unable to isolate themselves

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

(a) it is necessary for them to use a public means of transportation, including aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will isolate themselves; or
(b) they cannot isolate themselves for that 14-day period in a place
- (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada, and any other factor that the Chief Public Health Officer considers relevant,
- (ii) where they will not be in contact with vulnerable persons, unless the vulnerable person is a consenting adult or is the parent or dependent child in a parent-dependent child relationship, and
- (iii) where they will have access to the necessities of life without leaving isolation.

Requirements — isolation at quarantine facility

(2) A person who, at the time of entry to Canada or at any other time during the 14-day period referred to in section 9, is considered unable to isolate themselves must

(a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility, or transferring them between quarantine facilities, chosen by the Chief Public Health Officer;
(b) enter into isolation without delay at the chosen quarantine facility and remain in isolation at the facility or at any other quarantine facility to which they are subsequently transferred, until the expiry of that 14-day period; and
(c) while they remain in isolation at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Change of place

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

Choice of quarantine facility

11 In choosing a quarantine facility for the purposes of subsection 10(2), the Chief Public Health Officer must consider the following factors:

(a) the risk to public health posed by COVID-19;
(b) the feasibility of controlling access to the quarantine facility;
(c) the capacity of the quarantine facility;
(d) the feasibility of isolating persons at the facility;
(e) the likelihood or degree of exposure of the person to COVID-19 prior to entry to Canada; and
(f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — medical reason

12 (1) Paragraph 9(a) and section 10 do not apply to a person for the duration of any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, in the case where the person is in a quarantine facility, is outside that quarantine facility.

Non-application — accompanying person

(1.1) If the person to whom isolation requirements do not apply by virtue of subsection (1) is a dependent child, the exception in subsection (1) extends to one other person who accompanies the dependent child.

Non-application — other cases

(2) Sections 9 and 10 do not apply to a person if

(a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements; or
(b) the requirements are inconsistent with another requirement imposed on them under the Quarantine Act.

Exception — leaving Canada

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

Powers and Obligations

Powers and obligations

14 For greater certainty,

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

Amendments to this Order

15 This Order is amended by adding the following after section 1:

Requirements Before or When Entering Canada

Quarantine plan

1.1 (1) Subject to subsection (3), every person must, before or when entering Canada by a mode of transport other than an aircraft, provide to the Minister of Health a quarantine plan that includes, among other things, the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which they enter Canada and their contact information for that period.

Quarantine plan — entering by aircraft

(2) Subject to subsection (4), every person must meet the following requirements before boarding a flight to Canada:

(a) they must provide to the Minister of Health a quarantine plan that includes, among other things, the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which they enter Canada and their contact information for that period; and
(b) they must provide the quarantine plan referred to in paragraph (a) by electronic means specified by the Minister of Health, unless they are in a class of persons who, as determined by the Minister of Health, are unable to submit their quarantine plans by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the quarantine plan may be provided in a form and manner and at a time specified by the Minister of Health.

Contact information

(3) Instead of providing the quarantine plan referred to in subsection (1), every person referred to in section 6 must, before or when entering Canada by a mode of transport other than an aircraft, provide their contact information for the 14-day period that begins on the day on which they enter Canada to the Minister of Health.

Contact information — entering by aircraft

(4) Instead of providing the quarantine plan referred to in subsection (2), every person referred to in section 6 must, before boarding a flight to Canada, meet the following requirements:

(a) they must provide their contact information for the 14-day period that begins on the day on which they enter Canada to the Minister of Health; and
(b) they must provide the contact information referred to in paragraph (a) by electronic means specified by the Minister of Health, unless they are in a class of persons who, as determined by the Minister of Health, are unable to submit their contact information by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the contact information may be provided in a form and manner and at a time specified by the Minister of Health.

Persons in transit

(5) Subsections (1) to (4) do not apply to a person who plans to arrive at a Canadian airport aboard an aircraft, in order to transit to a country other than Canada, and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada.

16 Subsection 3(1) of this Order is replaced by the following:

Requirements — asymptomatic persons

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

(a) quarantine themselves without delay in accordance with instructions provided by a screening officer or a quarantine officer and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada;
(b) within 48 hours after entering Canada, report their arrival at, and the civic address of, their place of quarantine by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health; and
(c) subject to subsection (2), until the end of that 14-day period
- (i) monitor for signs and symptoms of COVID-19,
- (ii) report daily on their health status relating to signs and symptoms of COVID-19 by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, and
- (iii) in the event that they develop signs and symptoms of COVID-19 or test positive for COVID-19, follow instructions provided by the public health authority specified by a screening officer or quarantine officer.

17 Section 3 of this Order is amended by adding the following after subsection (2):

Daily reporting

(3) The requirement set out in subparagraph (1)(c)(ii) ends if the person reports that they have developed signs and symptoms of COVID-19 or tested positive for COVID-19.

18 Subsection 4(2) of this Order is replaced by the following:

Requirements — quarantine at quarantine facility

(2) A person who, at the time of entry to Canada or at any other time during the 14-day period referred to in section 3, is considered unable to quarantine themselves must

(a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility, or transferring them between quarantine facilities, chosen by the Chief Public Health Officer;
(b) enter into quarantine without delay at the chosen quarantine facility and remain in quarantine at the facility, or at any other quarantine facility to which they are subsequently transferred, until the expiry of that 14-day period;
(b.1) in the case of a person who is considered unable to quarantine themselves within 48 hours after entering Canada, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of quarantine under paragraph 3(1)(b);
(c) subject to subsection (3), until the end of that 14-day period,
- (i) monitor for signs and symptoms of COVID-19,
- (ii) report daily to a screening officer or quarantine officer at the quarantine facility on their health status relating to signs and symptoms of COVID-19, and
- (iii) in the event that they develop signs and symptoms of COVID-19 or test positive for COVID-19, follow instructions provided by the public health authority specified by a screening officer or quarantine officer; and
(d) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

19 Section 4 of this Order is amended by adding the following after subsection (4):

Daily reporting

(5) The requirement set out in subparagraph (2)(c)(ii) ends if the person reports that they have developed signs and symptoms of COVID-19 or tested positive for COVID-19.

20 The portion of section 6 of this Order before paragraph (a) is replaced by the following:

Non-application — requirement to quarantine

6 Paragraphs 3(1)(a) and (b), subparagraph 3(1)(c)(ii) and section 4 do not apply to

21 Section 6.2 of this Order is replaced by the following:

Non-application — persons participating in projects

6.2 Paragraphs 3(1)(a) and (b), subparagraph 3(1)(c)(ii) and section 4 do not apply to a person who, under an arrangement entered into between the Minister of Health and the minister responsible for health care in the province where the person enters Canada, is participating in a project to gather information to inform the development of quarantine requirements other than those set out in this Order, as long as the person complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

22 Section 7.1 of this Order is replaced by the following:

Non-application — compassionate grounds

7.1 (1) Paragraph 3(1)(a) and section 4 do not apply to a person if the Minister of Health

(a) determines that the person does not intend to quarantine themselves or to remain in quarantine, as the case may be, in order to engage in one of the following activities:
- (i) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident or protected person, or a person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner,
- (ii) to provide care for a Canadian citizen, permanent resident, temporary resident or protected person, or a person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support, or
- (iii) to attend a funeral or end-of-life ceremony;
(b) has not received written notice from the government of the province where the activity referred to in paragraph (a) will take place indicating that that government opposes the non-application of paragraph 3(1)(a) and section 4 to persons who engage in such an activity in that province; and
(c) in the case of a person referred to in paragraph (a) who intends to engage in the activity in any location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the person referred to in paragraph (a) at that location in order to engage in that activity.

Conditions

(2) The exception in subsection (1) applies as long as the person

(a) is engaging in one of the activities referred to in paragraph (1)(a); and
(b) complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Orders made under Quarantine Act

(3) For the purposes of any order made under section 58 of the Quarantine Act, the non-application of paragraph 3(1)(a) and section 4 under this section is a limited release from quarantine on compassionate grounds.

23 Section 9 of this Order is replaced by the following:

Requirements — symptomatic persons

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

(a) isolate themselves without delay in accordance with instructions provided by a screening officer or a quarantine officer and remain in isolation until the expiry of the 14-day period that begins on the day on which the person enters Canada;
(b) within 48 hours after entering Canada, report their arrival at, and the civic address of, their place of isolation by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health; and
(c) during that 14-day period, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and report to the public health authority specified by a screening officer or quarantine officer if they require additional medical care.

24 Subsection 10(2) of this Order is replaced by the following:

Requirements — isolation at quarantine facility

(2) A person who, at the time of entry to Canada or at any other time during the 14-day period referred to in section 9, is considered unable to isolate themselves must

(a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility, or transferring them between quarantine facilities, chosen by the Chief Public Health Officer;
(b) enter into isolation without delay at the chosen quarantine facility and remain in isolation at the facility or at any other quarantine facility to which they are subsequently transferred, until the expiry of that 14-day period;
(b.1) in the case of a person who is considered unable to isolate themselves within 48 hours after entering Canada, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of isolation under paragraph 9(b); and
(c) until the expiry of that 14-day period, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and, if they require additional medical care, report to the public health authority specified by a screening officer or quarantine officer.

Transitional Provision

Entering Canada before November 20, 2020

25 Sections 3, 4, 6, 6.2 and 9 and subsection 10(2), as they read immediately before 11:59:59 p.m. Eastern Standard Time on November 20, 2020, continue to apply, after that day and time, to persons who entered Canada before that day and time.

Cessation of Effect

November 30, 2020

26 This Order ceases to have effect at 11:59:59 p.m. Eastern Standard Time on November 30, 2020.

Repeal

Repeal of P.C. 2020-797

27 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 6^{footnote 1} is repealed.

Coming into Force

Day order is made

28 (1) Subject to subsection (2), this Order comes into force at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made.

Sections 15 to 24

(2) Sections 15 to 24 come into force at 11:59:59 p.m. Eastern Standard Time on November 20, 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. 7, is made pursuant to section 58 of the Quarantine Act.

The Order repeals and replaces Order in Council P.C. 2020-797 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 6, which came into force on October 7, 2020.

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

This Order will be in effect from 11:59:59 p.m., Eastern daylight time, on the date it is made until 11:59:59 p.m., Eastern standard time, November 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 maintains the previous requirements that all persons who enter Canada, whether by air, land, rail or sea, are required to answer questions to determine if they have signs or symptoms of COVID-19, and, with limited exceptions, quarantine or isolate for 14 days from the day upon which they entered Canada.

The updated Order continues to require persons entering Canada to provide information requested by screening officers and others, but now introduces authorities to mandate pre-border electronic submission of the quarantine plan when arriving by air, as well as express requirements for the quarantine plan upon entry in other modes and post-border information reporting for all travellers, unless otherwise exempt. The goal of these amendments is to reduce the paper burden at points of entry, increase efficiencies and respond to provincial and territorial requests for improved data on tracking travellers in their jurisdictions, quarantine planning, and symptom reporting, to enhance compliance and enforcement measures.

Based on consultations with air carriers and consideration of operational impacts, a phased approach will be undertaken. To allow for adaptation to the new requirements and implementation of the corresponding system changes, the coming into effect of the new provisions will be delayed until 11:59:59 p.m., Eastern standard time, November 20, 2020.

In addition, the updated Order specifies that a person will be denied limited release from quarantine on compassionate grounds if the province or territory where they intend to carry out their activity provides, through its public health authorities, written notice to the Minister of Health, objecting to release on such grounds. The person in charge of any location a person intends to visit for compassionate reasons during their 14-day quarantine period must also not object. These amendments to the compassionate grounds provisions will have effect beginning at 11:59:59 p.m. Eastern standard time on November 20, 2020.

The updated Order exempts asymptomatic students who cross the Canada/United States (U.S.) border regularly (e.g. several times a week) for school from the requirement to quarantine in Canada, and permits one driver to safely transport students without the requirement to quarantine while in, or upon returning to, Canada. The Order also exempts dependent children subject to a cross-border custody arrangement from the requirements to quarantine on entry if they are asymptomatic. These children must wear a mask when in public spaces in Canada, similar to other travellers who are exempt from the 14-day quarantine requirement.

The updated Order exempts asymptomatic residents of certain isolated cross-border communities on either side of Canada’s borders (Stewart, British Columbia; Campobello Island, New Brunswick; Northwest Angle, Minnesota; and Hyder, Alaska) from the requirements to quarantine on entry if their purpose of travel is to seek the necessities of life from their neighbouring community.

The updated Order provides that individuals who are denied entry to the United States at a land border and immediately turned back will be exempted from the requirements to quarantine on entry, provided that they remained in the vehicle for the duration of their time outside of Canada and are asymptomatic on their return.

The updated Order enables joint federal-provincial pilot projects to allow the Government to explore an alternative approach to the current 14-day quarantine requirement, such as COVID-19 testing pilots jointly undertaken between a province and the federal government.

Lastly, the Order includes a number of non-substantive changes to enhance clarity.

Background

COVID-19

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

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

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

COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. No vaccine is available to protect Canadians from COVID-19. Current treatment is supportive, aimed at relief of symptoms and treatment of associated medical complications.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not properly contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. As case numbers continue to rise throughout Canada there is concern for the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus.

Government of Canada response to COVID-19 pandemic

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

Together, these measures have been effective. By limiting incoming travel to Canada, requiring mandatory quarantine for asymptomatic travellers (with some exceptions) and mandatory isolation for symptomatic travellers, the Government of Canada has reduced travel-related infections from 21.4% in March 2020 to 0.7% in September 2020.While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

As the COVID-19 pandemic evolves, the Government of Canada is continuing to evaluate the latest science and situational assessments of what is occurring in jurisdictions across Canada and internationally when considering any changes to border restrictions or border measures. Although domestically Canada saw a decrease in the number of confirmed cases in the summer months, a recent resurgence in case numbers has resulted in many provinces and territories reintroducing public health measures to slow the spread of the virus. In jurisdictions where domestic travel restrictions and quarantine requirements remain stringent, such as provinces in the Atlantic region, low case numbers are evidence that such measures limit community transmission of the virus.

Based on current review of international experience, broadly easing travel restrictions and mandatory quarantine requirements would continue to present an unacceptable risk of importing cases and increase the potential for onward community transmission of COVID-19. While some countries saw a slight decline in confirmed cases and deaths in the summer months, the easing of lockdown measures and travel restrictions has resulted in a renewed surge in case numbers. As a result, these countries have now reinstated lockdown measures, causing uncertainty for travellers and industry. To avoid a similar outcome, the Government of Canada must proceed cautiously with easing border restrictions.

Adequate scientific support for the role of laboratory testing as part of a multi-layered approach to reduce the risk of importation or to ease quarantine measures is not yet available. Opportunities to develop this necessary evidence are actively being explored. To reduce the risk of importation, many countries have begun accepting negative test results prior to entry or arrival, or have introduced rapid testing measures for travellers arriving at airports. Further study of such airport testing measures is required to determine how effectively they limit importation and subsequent community transmission. The Government of Canada is working with provincial governments and industry stakeholders to explore options to trial the use of testing with travellers through pilot programs. Information gleaned through these pilots will inform future approaches to border measures.

Consequently, entry prohibitions coupled with mandatory isolation and quarantine remain the most effective means of limiting the introduction of new cases of COVID-19 into Canada. With some countries easing COVID-19 protection measures and the increase of new cases in those countries as a result, the Government of Canada continues to take a precautionary approach by largely maintaining the current border restrictions at this time, with limited exceptions, in an effort to preserve the fragile recovery in Canada.

Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government recognizes that entry prohibitions and mandatory quarantine requirements place significant burden on the Canadian economy, Canadians, and their immediate and extended families. As a result, the Government has been easing the burden for specific cohorts encountering extreme hardship due to quarantine requirements, such as providing limited release from quarantine for travellers who urgently must attend a funeral or provide care to critically ill or dying individuals residing in Canada. The Government has also undertaken a high-level risk assessment of areas implicated by the issue of students who cross the border regularly, based on available data. Overall, the public health risk from cross-border students is assessed to be acceptable provided reasonable conditions to an exemption from quarantine are followed.

By generally maintaining existing requirements and introducing further conditions for those who may need to leave quarantine temporarily for a compassionate reason, Canada will continue to reduce the entry of COVID-19 linked to travellers entering Canada to the extent possible. Without these measures, travel-related COVID-19 transmission is likely to increase the number of documented cases in Canada.

Introducing the mandatory collection of traveller information through electronic means will improve communications with incoming travellers and increase data quality and processing efficiencies. The intent is to provide timely information for compliance and enforcement to provinces and territories, increase efficiency in processing incoming travellers through a move away from paper-based forms, and improve data validation.

Implications

Key impacts for persons entering Canada

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

The updated Order introduces pre-border and post-border measures for mandatory information collection to mitigate the risk of travel-related importation of COVID-19. Persons arriving by air must now submit COVID-19-related information, including their quarantine plan, by electronic means before they board a flight for Canada. In addition, this Order mandates a 48-hour check-in after entry to confirm arrival at the intended place of quarantine or isolation, as well as 14-day daily symptom reporting during the quarantine period for all asymptomatic travellers to Canada, unless they are otherwise exempted. Certain persons exempted from the quarantine requirements will need to provide their contact information but will not be required to report information post-border. The new requirements will become effective at 11:59:59 p.m., Eastern standard time, November 20, 2020. This delayed coming into force will allow stakeholders, including air carriers and airport authorities, as well as the travelling public, time to prepare to meet the new mandatory requirements.

The Order will continue to require all symptomatic persons who enter Canada to isolate and asymptomatic persons to quarantine for 14 days beginning on the day they enter Canada (subject to extension), with some limited exceptions. All persons who are required to quarantine or isolate must wear a non-medical mask or face covering upon entering Canada and while in transit to their place of 14-day quarantine or isolation, as applicable. Persons who are exempt from quarantine requirements, including those exempted on compassionate grounds, are required to wear a non-medical mask or face covering when they are in public settings when physical distancing is not possible.

This Order will continue to permit asymptomatic persons who have received prior authorization from the Minister of Health to temporarily leave quarantine, in accordance with any conditions set out in the determination, for compassionate reasons including to attend to the death of or provide support to a person deemed to be critically ill, to provide care to a person with a recognized medical need, or to attend a funeral or end of life ceremony. Documentation to support the compassionate request must be provided by the traveller as part of the authorization request process. The updated Order specifies that a person will be denied limited release from quarantine on compassionate grounds if the province or territory where they intend to carry out their activity provides, through its public health authorities, written notice to the Minister of Health objecting to release on such grounds. The person in charge of any location a person intends to visit for compassionate reasons during their 14-day quarantine period must also not object. These amendments to the compassionate grounds provisions will have effect beginning at 11:59:59 p.m. Eastern standard time on November 20, 2020.

The updated Order exempts from the requirement to quarantine asymptomatic students who cross the border regularly (several times a week) to enter Canada, provided that their purpose is to attend an educational institution that is on the designated learning institution list published by Immigration, Refugees and Citizenship Canada. As with all other travellers, students will be asked to report on any potential symptoms or exposure when they present themselves at the border, and symptomatic foreign national students will continue to be prohibited entry. Canadian students who regularly (several times a week) leave Canada to attend an educational institution in the United States are similarly exempted from the requirement to quarantine upon return to Canada, although returning students who are Canadian citizens or permanent residents and are symptomatic upon return will be required to isolate. Asymptomatic students will be required to wear a non-medical mask while in public spaces. This Order also exempts one driver who crosses the border to accompany the student, as long as they do not leave their vehicle except to escort the student to school. In all cases, the exemption is conditional upon provincial and local health authority support.

The updated Order also exempts from the requirement to quarantine on entry dependent children, on either side of the border, who are subject to a custody arrangement and must cross Canada’s borders regularly (several times a week) to respect the conditions of the arrangement. These dependent children will be required to wear a non-medical mask while in public spaces. Parents will be permitted to accompany their children across the border, but must stay in their vehicle as a condition of entry or re-entry.

The updated Order exempts residents of specified isolated border communities on either side of Canada’s border from the requirement to quarantine if they cross the border to access the necessities of life such as medical aid or provisions. These communities are in close proximity to the Canada-U.S. border but do not straddle the border.

The updated Order exempts travellers directed back to Canada at the U.S. border from the requirements to quarantine on entry, provided that they were denied entry to the United States at a land border, they immediately turned back and re-entered Canada, and they remained in the vehicle for the duration of their time outside of Canada.

The updated Order enables operationalization of joint federal-provincial pilot projects to allow the Government to explore an alternative approach to the current 14-day quarantine requirement. Such pilot projects will be operated in conjunction with the provincial government and will include specific quarantine and/or preventive measures to limit the introduction and spread of COVID-19. Travellers with signs and symptoms of COVID-19 or those who test positive cannot participate in the pilots, and those asymptomatic travellers who receive positive tests during a pilot are no longer exempt from requirements.

Lastly, the Order includes non-substantive changes to improve clarity.

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. In addition, tickets of up to $1,000 may also be issued for non-compliance pursuant to the Contraventions Act.

Consultation

The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. Airlines and airport authorities have been engaged in discussions on the new mandatory pre-border digital information approach. 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; Health Canada; Employment and Social Development Canada; Agriculture and Agri-food Canada; Innovation, Science and Economic Development Canada; Natural Resources Canada; and Global Affairs Canada, given linkages to departmental mandates and other statutory instruments.

Contact

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

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-839 October 30, 2020

Whereas the Governor in Council is of the opinion that the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

Whereas the Governor in Council is of the opinion that 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 whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of the disease are available;

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)

Canadian Forces

has the same meaning as in section 2 of the Visiting Forces Act. (Forces canadiennes)

dependent child

has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)

extended family member,

in respect of a person, means

(a) an individual who is in an exclusive dating relationship with the person, has been in such a relationship for at least one year and has spent time in the physical presence of the person during the course of the relationship;
(b) a dependent child of the person referred to in paragraph (a);
(c) a child of the person or of the person’s spouse, common-law partner or the person referred to in paragraph (a) other than a dependent child;
(d) a dependent child of the child referred to in paragraph (c);
(e) a sibling, half-sibling or step-sibling of the person or of the person’s spouse or common-law partner; or
(f) a grandparent of the person or of the person’s spouse or common-law partner. (membre de la famille élargie)

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 of the person or of the person’s spouse or common-law partner;
(c) a dependent child of the 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)

permanent resident

has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

protected person

means a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)

temporary resident

means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

Prohibition

2 A 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, permanent resident or person registered as an Indian under the Indian Act;
(a.1) an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if they
- (i) have a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed by the Canadian citizen, permanent resident or person registered as an Indian, and
- (ii) are authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada;
(b) a person who is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada for the purpose of reuniting immediate family members;
(c) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who seeks to enter Canada only to become such a crew member;
(d) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who seeks to enter Canada only to become such a member of a crew;
(e) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person;
(f) a person who seeks to enter Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
(g) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
(h) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;
(i) a French citizen who resides in Saint-Pierre-et-Miquelon and has been only in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they arrived in Canada;
(j) a person or any person in a class of persons who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act,
- (i) does not pose a risk of significant harm to public health, or
- (ii) will provide an essential service while in Canada;
(k) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest;
(l) the holder of a valid work permit as defined in section 2 of the Immigration and Refugee Protection Regulations;
(m) a person whose application for a work permit referred to in paragraph (l) was approved under the Immigration and Refugee Protection Act and who has received written notice of the approval but who has not yet been issued the permit;
(n) a person who seeks to enter Canada for the purpose of attending a listed institution, and the immediate family members of that person other than a dependent child of a dependent child of the person, if
- (i) the person holds a valid study permit, as defined in section 2 of the Immigration and Refugee Protection Regulations,
- (ii) the person may apply for a study permit when entering Canada under section 214 of those Regulations, or
- (iii) the person’s application for a study permit was approved under the Immigration and Refugee Protection Act and they received written notice of the approval but have not yet been issued the permit;
(o) a person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations;
(p) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations;
(q) a licensed health care practitioner with proof of employment in Canada;
(r) a person who seeks to enter Canada for the purpose of delivering, maintaining or repairing medically necessary equipment or devices;
(s) a person who seeks to enter Canada for the purpose of donating or making medical deliveries of stem cells, blood and blood products, tissues, organs or other body parts that are required for patient care in Canada during the validity of this Order or within a reasonable period of time after the expiry of this Order;
(t) a person whose application for permanent residence was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval before noon, Eastern Daylight Time on March 18, 2020, but who has not yet become a permanent resident under that Act;
(u) a worker in the marine transportation sector who is essential for the movement of goods by vessel, as defined in section 2 of the Canada Shipping Act, 2001, and who seeks to enter Canada for the purpose of performing their duties in that sector;
(v) a person who seeks to enter Canada to take up a post as a diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member and the immediate family members of that person;
(w) a person who arrives at a Canadian airport aboard a commercial passenger conveyance and who is transiting to a country other than Canada and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations; or
(x) a person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group.

Listed institution

(1.1) For the purposes of paragraph (1)(n), a listed institution is an institution that is

(a) determined, by the government of the province in which the institution is located, to have appropriate measures in place to ensure that the students who attend the institution can meet applicable obligations under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act; and
(b) included in a list that is published by the Department of Citizenship and Immigration on its website, as amended from time to time, for the purposes of this Order.

Prohibition — signs and symptoms

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

Prohibition — other orders

(2.1) A foreign national is prohibited from entering Canada from any country other than the United States if, based on the purpose of entry and the length of their stay, they cannot comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act.

Prohibition — optional or discretionary purpose

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

Non-application — immediate or extended family member

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

Non-application — national interest

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

Non-application — compassionate grounds

3.1 Section 2 and subsections 3(2.1) and (3) do not apply to a foreign national who, as determined by the Minister of Health, intends to enter Canada to

(a) attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person, or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to be critically ill;
(b) provide care for a Canadian citizen, permanent resident, temporary resident, protected person, or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support; or
(c) attend a funeral or end of life ceremony.

Non-application — compassionate grounds

3.2 Section 2 and subsections 3(2.1) and (3) do not apply to a foreign national if

(a) the Minister of Health
- (i) determines that the foreign national intends to enter Canada in order to engage in one of the following activities:
- (ii) in the case where a foreign national is, based on the purpose of entry and the length of their stay, unable to comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act,
(b) the foreign national has obtained a limited release from quarantine on compassionate grounds under an order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act for the activity referred to in subparagraph (a)(i).

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; 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 to another place outside Canada, as long as the person was continuously on board that conveyance while in Canada and
- (i) 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, or
- (ii) in the case of an aircraft, the conveyance did not land while in Canada.

Powers and obligations

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

Repeal

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

Effective period

7 (1) This Order, except sections 3.1 and 3.2, has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Standard Time on November 30, 2020.

Section 3.1

(2) Section 3.1 has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time the day on which this Order is made and ending at 11:59:58 p.m. Eastern Standard Time on November 20, 2020.

Section 3.2

(3) Section 3.2 has effect for the period beginning immediately after 11:59:58 p.m. Eastern Standard Time on November 20, 2020 and ending at 11:59:59 p.m. Eastern Standard Time on November 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. 2020-796 of the same name, which came into force on October 7, 2020.

The new Order complements any Order made under the Quarantine Act imposing isolation or quarantine requirements upon entry into Canada.

This Order will be in effect from 11:59:59 p.m., Eastern daylight time, on the date it is made until 11:59:59 p.m., Eastern standard time, November 30, 2020.

Objective

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

The updated Order now allows immediate family members and extended family members of a person registered as an Indian under the Indian Act to enter Canada.

This Order will continue to allow foreign nationals to enter Canada for certain compassionate reasons. The updated Order clarifies that entry will be denied to foreign nationals if they seek to enter a province or territory for purposes of compassionate grounds without quarantining for 14 days, and that the province or territory has provided, through their public health officials, a written notice of objection to such releases from quarantine to the Minister of Health. Entry will also be denied if the person in charge of any location a foreign national intends to visit for compassionate reasons during the 14-day quarantine period objects to this. Amendments to the compassionate grounds provisions will have effect from the period beginning immediately after 11:59:58 p.m., Eastern standard time, on November 20, 2020. This delayed coming into force will allow the completion of program modifications enabling operational readiness.

The updated Order also includes minor edits to improve readability.

Finally, the updated Order introduces a prohibition on entry into Canada from countries other than the United States by foreign nationals who are unable to comply with Canada’s quarantine requirements, mirroring the existing prohibition on entry by such individuals from the United States.

Background

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. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. As case numbers continue to rise throughout Canada, there is concern for the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus.

Government of Canada response to COVID-19 pandemic

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

Together, these measures have been effective. By limiting incoming travel to Canada, requiring mandatory quarantine for asymptomatic travellers (with some exceptions) and mandatory isolation for symptomatic travellers, the Government of Canada has reduced travel-related infections from 21.4% in March 2020 to 0.7% in September 2020. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

As the COVID-19 pandemic evolves, the Government of Canada is continuing to evaluate the latest science and situational assessments of what is occurring in jurisdictions across Canada and internationally when considering any changes to border restrictions or border measures. Although, domestically, Canada saw a decrease in the number of confirmed cases in the summer months, a recent resurgence in case numbers has resulted in many provinces and territories reintroducing public health measures to slow the spread of the virus. In jurisdictions where domestic travel restrictions and quarantine requirements remain stringent, such as provinces in the Atlantic region, low case numbers are evidence that such measures limit community transmission of the virus.

The WHO has warned that in many countries, the second wave is already exceeding previous peaks. As of October 22, 2020, there were 8 336 282 detected cases in the United States, 7 706 946 detected cases in India, and 5 298 772 detected cases in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from India, Mexico and Europe. Based on current review of international experience, broadly lifting travel restrictions would present an unacceptable risk of importing cases and increasing the potential for onward community transmission of COVID-19.

The Government is considering easing restrictions on travel from countries identified as low-risk as part of its COVID-19 recovery planning, but currently there is no internationally accepted standard for assessing a country’s COVID-19 risk. Many countries, including the United Kingdom, Italy, and other G7/G20 allies, have adopted a tiered country-risk classification system in an attempt to ease travel restrictions. Such an approach applies testing requirements and quarantine restrictions to travellers from countries ranked through a risk-based analysis. However, with rates of COVID-19 infection in constant flux, travel corridors and entry requirements remain dynamic, subject to change, and generally unstable. While some countries saw a slight decline in confirmed cases and deaths in the summer months, the easing of lockdown measures and travel restrictions has resulted in a renewed surge in case numbers. Some countries that were believed to have controlled the outbreak are starting to see a resurgence in cases including France, Germany and Italy. As a result, these countries have now reinstated lockdown measures, causing uncertainty for travellers and industry. To avoid a similar outcome, the Government must proceed cautiously with easing border restrictions.

Adequate scientific support for the role of laboratory testing as part of a multilayered approach to reduce the risk of importation or to ease quarantine measures is not yet available. Opportunities to develop this necessary evidence are being actively explored. To reduce the risk of importation, many countries have begun accepting negative test results prior to entry or arrival, or have introduced rapid testing measures for travellers arriving at airports. Further study of such airport testing measures is required to determine how effectively they limit the importation and subsequent community transmission. The Government of Canada is working with provincial governments and industry stakeholders to explore options to trial the use of testing with travellers through pilot programs. Data gleaned through these pilot programs will inform future approaches to border measures.

Implications

Key impacts for travellers

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

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

Foreign nationals travelling for any purpose will continue to be denied entry into Canada if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.

This Order will continue to allow foreign nationals to enter Canada for certain compassionate reasons. However, the updated Order clarifies that entry will be denied to foreign nationals if they seek to enter a province or territory for purposes of compassionate grounds without quarantining for 14 days, and that province or territory has provided, through their public health officials, written notice of objection to such releases from quarantine to the Minister of Health. Entry will also be denied if the person in charge of any location a foreign national intends to visit for compassionate reasons during the 14-day quarantine period objects to this. Amendments to the compassionate grounds provisions will have effect from the period beginning immediately after 11:59:58 p.m., Eastern standard time, on November 20, 2020. This delayed coming into force will allow the completion of program modifications (coding, updates to guidance) which will enable operational readiness.

The Government of Canada recognizes that the prohibitions on entry into Canada have significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed 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. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

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

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. 2020-838 October 30, 2020

Whereas the Governor in Council is of the opinion that the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;

Whereas the Governor in Council is of the opinion that 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 whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of the disease are available;

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)
dependent child has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
extended family member, in respect of a person, means
- (a) an individual who is in an exclusive dating relationship with the person, has been in such a relationship for at least one year and has spent time in the physical presence of the person during the course of the relationship;
- (b) a dependent child of the person referred to in paragraph (a);
- (c) a child of the person or of the person’s spouse, common-law partner or the person referred to in paragraph (a) other than a dependent child;
- (d) a dependent child of the child referred to in paragraph (c);
- (e) a sibling, half-sibling or step-sibling of the person or of the person’s spouse or common-law partner; or
- (f) a grandparent of the person or of the person’s spouse or common-law partner. (membre de la famille élargie)
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 of the person or of the person’s spouse or common-law partner;
- (c) a dependent child of the 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)
permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)
protected person means a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
temporary resident means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

Prohibition — signs and symptoms

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

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, permanent resident or person registered as an Indian under the Indian Act if the foreign national intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.

Non-application — extended family member

(3) Subsection (1) does not apply to a foreign national who is an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national

(a) intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days;
(b) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed by the Canadian citizen, permanent resident or person registered as an Indian; and
(c) 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 referred to in paragraph (a).

Prohibition — extended family member

3.1 A foreign national who is an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act and who intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian is prohibited from entering Canada from the United States unless the foreign national

(a) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed by the Canadian citizen, permanent resident or person registered as an Indian; and
(b) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada for that purpose.

Prohibition — other orders

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, they cannot comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act.

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 claimant 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 or any person in a class of persons 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.

Prohibition — international students

5.1 (1) The following persons are prohibited from entering Canada from the United States for the purpose of attending an institution other than a listed institution:

(a) a person who holds a valid study permit as defined in section 2 of the Immigration and Refugee Protection Regulations;
(b) a person who may apply for a study permit when entering Canada under section 214 of those Regulations; or
(c) a person whose application for a study permit was approved under the Immigration and Refugee Protection Act and who received written notice of the approval but who has not yet been issued the permit.

Listed institution

(2) For the purposes of subsection (1), a listed institution is an institution that is

(a) determined, by the government of the province in which the institution is located, to have appropriate measures in place to ensure that the students who attend the institution can meet applicable obligations under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act; and
(b) included in a list that is published by the Department of Citizenship and Immigration on its website, as amended from time to time, for the purposes of this Order.

Non-application — compassionate grounds

5.2 Subsection 3(1), section 3.1 and subsection 4(1) do not apply to a foreign national who, as determined by the Minister of Health, intends to enter Canada to

(a) attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident, protected person, or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to be critically ill;
(b) provide care for a Canadian citizen, permanent resident, temporary resident, protected person, or a person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support; or
(c) attend a funeral or end of life ceremony.

Non-application — compassionate grounds

5.3 Subsection 3(1), section 3.1 and subsection 4(1) do not apply to a foreign national if

(a) the Minister of Health
- (i) determines that the foreign national intends to enter Canada in order to engage in one of the following activities:
- (ii) in the case where a foreign national is, based on the purpose of entry and the length of their stay, unable to comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act,
(b) the foreign national has obtained a limited release from quarantine on compassionate grounds under an order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act for the activity referred to in subparagraph (a)(i).

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; 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 to another place outside Canada, as long as the person was continuously on board that conveyance while in Canada and
- (i) 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, or
- (ii) 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

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 (1) This Order, except sections 5.2 and 5.3, has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Standard Time on November 21, 2020.

Section 5.2

(2) Section 5.2 has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time on the day which this Order is made and ending at 11:59:58 p.m. Eastern Standard Time on November 20, 2020.

Section 5.3

(3) Section 5.3 has effect for the period beginning immediately after 11:59:58 p.m. Eastern Standard Time on November 20, 2020 and ending at 11:59:59 p.m. Eastern Standard Time on November 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. 2020-810 of the same name, which came into force on October 20, 2020.

The new Order complements any Order made under the Quarantine Act imposing isolation or quarantine requirements upon entry into Canada.

This Order will be in effect from 11:59:59 p.m., Eastern daylight time, on the date it is made until 11:59:59 p.m., Eastern standard time, November 21, 2020.

Objective

This Order furthers Canada’s continued focus on reducing the introduction and 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 the United States (U.S.) for an optional or discretionary purpose, with some limited exceptions. Even those who are exempted from the prohibition may not enter if they have COVID-19, or they exhibit signs and symptoms of COVID-19.

The updated Order now allows immediate family members and extended family members of a person registered as an Indian under the Indian Act to enter Canada.

Furthermore, the updated Order clarifies that entry will be denied to foreign nationals if they seek to enter a province or territory for purposes of compassionate grounds without quarantining for 14 days, and that province or territory has provided written notice of objection to such releases from quarantine to the Minister of Health. Entry will also be denied if the person in charge of any location a foreign national intends to visit for compassionate reasons during the 14-day quarantine period objects to this. Amendments to the compassionate grounds provisions will have effect immediately after 11:59:58 p.m. November 20, 2020.

The updated Order also includes minor edits to improve readability.

Background

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. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. As case numbers continue to rise throughout Canada, there is concern for the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus.

Government of Canada response to COVID-19 pandemic

Together, these measures have been effective. By limiting incoming travel to Canada, requiring mandatory quarantine for asymptomatic travellers (with some exceptions) and mandatory isolation for symptomatic travellers, the Government of Canada has reduced travel-related infections from 21.4% in March 2020, to 0.7% in September 2020. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

As the COVID-19 pandemic evolves, the Government of Canada is continuing to evaluate the latest science and situational assessments of what is occurring in jurisdictions across Canada and internationally when considering any changes to border restrictions or border measures. Although, domestically, Canada saw a decrease in the number of confirmed cases in the summer months, a recent resurgence in case numbers has resulted in many provinces and territories reintroducing public health measures to slow the spread of the virus. In jurisdictions where domestic travel restrictions and quarantine requirements remain stringent, such as provinces in the Atlantic region, low case numbers are evidence that such measures limit community transmission of the virus.

At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. This is because the global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Europe, Asia and the Middle East. Cases of COVID-19 in the United States also remain high. The WHO has warned that in many countries, the second wave is already exceeding previous peaks. As of October 22, 2020, there were 8 336 282 detected cases in the United States, 7 706 946 detected cases in India, and 5 298 772 detected cases in Brazil. In September 2020, of the travel-related cases identified in Canada for which a country of origin is identified, 23% of cases were attributed to travellers from the United States. Data current to October 16, 2020, shows the United States reporting the highest number of confirmed cases and deaths of all reporting countries. As a result, there remains significant potential for a resurgence of travel-related cases in Canada if the border restrictions between the United States and Canada were to be broadly lifted at this time.

The Government is considering easing restrictions on travel from countries identified as low-risk as part of its COVID-19 recovery planning, but currently there is no internationally accepted standard for assessing a country’s COVID-19 risk. Many countries, including the United Kingdom, Italy and other G7/G20 allies, have adopted a tiered country-risk classification system in an attempt to ease travel restrictions. Such an approach applies testing requirements and quarantine restrictions to travellers from countries ranked through a risk-based analysis. However, with rates of COVID-19 infection in constant flux, travel corridors and entry requirements remain dynamic, subject to change, and generally unstable. While some countries saw a slight decline in confirmed cases and deaths in the summer months, the easing of lockdown measures and travel restrictions has resulted in a renewed surge in case numbers. As a result, these countries have now reinstated lockdown measures, causing uncertainty for travellers and industry. To avoid a similar outcome, the Government of Canada must proceed cautiously with easing border restrictions.

Adequate scientific support for the role of laboratory testing as part of a multi-layered approach to reduce the risk of importation or to ease quarantine measures is not yet available. Opportunities to develop this necessary evidence are actively being explored. To reduce the risk of importation, many countries have begun accepting negative test results prior to entry or arrival, or have introduced rapid testing measures for travellers arriving at airports. As of September 30, 2020, some U.S. airlines announced plans to begin pre-flight testing at a cost (US$80–$250) to passengers. Further study of such airport testing measures is required to determine how effectively they limit the importation and subsequent community transmission. The Government of Canada is working with provincial governments and industry stakeholders to explore options to trial the use of testing with travellers through pilot programs. Data gleaned through these pilot programs will inform future approaches to border measures.

Implications

Key impacts for travellers

This Order will continue to generally prohibit foreign nationals from entering Canada from the United States, unless they are entering for non-optional or non-discretionary purposes or are immediate or extended family members of a Canadian citizen, permanent resident, or person with status under the Indian Act, and entering Canada to be with that person for at least 15 days.

This Order will continue to allow foreign nationals to enter Canada for certain compassionate reasons. The updated Order clarifies that entry will be denied to foreign nationals if they seek to enter a province or territory for purposes of compassionate grounds without quarantining for 14 days, and that province or territory has provided written notice of objection to such releases from quarantine to the Minister of Health. Entry will also be denied if the person in charge of any location a foreign national intends to visit for compassionate reasons during the 14-day quarantine period objects to this. Amendments to the compassionate grounds provisions will have effect immediately after 11:59:58 p.m. Eastern standard time on November 20, 2020. This delayed coming-into-force will allow the completion of program modifications enabling operational readiness.

The updated Order also includes minor edits to improve readability.

The Government of Canada recognizes that the prohibition on entry into 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 posed 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. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

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

Contact

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