Canada Gazette, Part I, Volume 155, Number 5: ORDERS IN COUNCIL

January 30, 2021

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. 2021-10 January 20, 2021

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 or new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;

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 (Prohibition of Entry into Canada from any Country Other than the United States).

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

Definitions

1 The following definitions apply in this Order.

Canadian Forces

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

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 18 years of age or older and is in an exclusive dating relationship with the person — who is also 18 years of age or older — and who 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 individual referred to in paragraph (a);
(c) a child of the person or of the person's spouse, common-law partner or the individual 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)

international single sport event

means an event that is governed by the sport's International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for that sport. (événement unisport international)

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)

study permit

has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (permis d'études)

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 any 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,
- (ii) the person may apply for a study permit when entering Canada under section 214 of the Immigration and Refugee Protection 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 any 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 or 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 any 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 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:
  - (A) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident or protected person, or 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) to provide care for a Canadian citizen, permanent resident, temporary resident or protected person, or 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) to attend a funeral or end-of-life ceremony,
- (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,
  - (A) has not received written notice from the government of the province where the activity referred to in subparagraph (i) will take place indicating that that government opposes the non-application of section 2 and subsections 3(2.1) and (3) to persons who engage in such an activity in that province and who are unable to comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act, and
  - (B) if the foreign national intends to engage in the activity referred to in subparagraph (i) in a location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the foreign national at that location in order to engage in that activity; or
(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 — sports

3.2 (1) Section 2 and subsection 3(3) do not apply to a foreign national who is authorized by a letter issued under subsection (2) to enter Canada as a high-performance athlete taking part in or a person engaging in an essential role in relation to an international single sport event, if the athlete or the person is affiliated with a national organization responsible for that sport.

Letter of authorization

(2) The Deputy Minister of Canadian Heritage may, if he or she considers it appropriate, issue a letter of authorization to enter Canada after receiving, from the individual or entity in charge of an international single sport event,

(a) the names and contact information of all persons referred to in subsection (1); and
(b) a letter of support for the entry into Canada of all persons referred to in subsection (1) from the government of the province where the international single sport event will take place and from the local public health authority.

Cancellation or withdrawal of support

(3) Despite subsection (1), a foreign national is prohibited from entering Canada from any country other than the United States to take part in an international single sport event if the Deputy Minister of Canadian Heritage withdraws the letter of authorization for one of the following reasons:

(a) the event is cancelled by the individual or entity in charge of the event; or
(b) the local public health authority or the government of the province withdraws the letter of support referred to in paragraph (2)(b).

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, if 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 1} is repealed.

Effective period

7 This Order has effect for the period beginning at 11:59:59 p.m. Eastern Standard Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Standard Time on February 21, 2021.

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. 2020-966 of the same name, which came into force on November 29, 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 standard time, on the date it is made until 11:59:59 p.m., Eastern standard time, February 21, 2021.

Objective

This Order maintains Canada's 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 Order also includes minor technical amendments for consistency.

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) and, under some situations, through aerosols, created when an infected person coughs, sneezes, sings, shouts, or talks. Coronaviruses are also spread 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.

While new vaccines for COVID-19 are becoming available, there are still limitations on distribution capacity. However, the National Advisory Committee on Immunization (NACI) recommends that all individuals should continue to practice recommended public health measures for prevention and control of COVID-19 regardless of COVID-19 vaccination at this time. NACI states that there is insufficient evidence on the duration of protection of COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of 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 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.

Between February 3, 2020, and January 6, 2021, the Governor in Council has made 39 emergency orders under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce risks from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada.

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 the proportion of travel-related COVID-19 infections from greater than 20% in March, to less than 3% in January 2021. The number of travellers to Canada from overseas (countries other than the United States) was down 95.2% from October 2019 to October 2020. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that onward 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 re-introducing public health measures, including lockdowns, 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 January 11, 2021, there were 21 761 186 detected cases in the United States, 10 450 284 detected cases in India, and 8 013 708 detected cases in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from India, Mexico and Europe. Domestically the situation also continues to worsen. For the week of January 11, 2021, an average of 8 108 cases was being reported daily, an increase of 5% from the previous week. Some provinces and territories are re-introducing significant lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes. As of January 11, 2021, Canada's case count stood at 660 289 with 84 587 considered active cases. In addition, several countries have reported new variants of the virus, with higher transmissibility, including a new variant identified in the United Kingdom (UK variant), South Africa (SA variant) and recently, one from Brazil. Based on current review of international experience, broadly lifting travel restrictions would present an unacceptable risk of importing cases and increase the potential for onward community transmission of COVID-19.

The Government has been 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 re-instated lockdown measures, causing uncertainty for travellers and industry. To avoid a similar outcome, the Government must proceed cautiously with easing border restrictions.

To reduce the risk of importation, many countries around the world are requiring a pre-departure test as a condition of entry, or have introduced rapid testing measures for travellers arriving at airports. On January 6, 2021, the Government of Canada introduced similar pre-flight testing requirements for persons entering Canada with limited exceptions. Evidence demonstrates that implementation of pre-departure COVID-19 molecular testing will reduce: COVID-19 importation, related health care system demands, and secondary infections, compared to no pre-test options. Based on modelling done at the Public Health Agency of Canada, pre-departure COVID-19 molecular testing between zero and three days has an approximate 70% efficacy while testing done between four and five days has an approximate 50 – 60% efficacy in preventing positive cases from arriving in Canada. In order to reduce the risk of importation of COVID-19 into Canada, pre-departure testing offers an additional layer of protection along with our existing quarantine activities.

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. Entry prohibitions combined with pre-departure testing and 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.

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 specified permitted purposes. 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.

The updated Order includes minor technical amendments for consistency between the other complementary Orders.

The Government of Canada recognizes that the ongoing general restrictions 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 is an offence 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 and Emergency Preparedness; 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 the United States)

P.C. 2021-9 January 20, 2021

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;

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 18 years of age or older and is in an exclusive dating relationship with the person — who is also 18 years of age or older — and who 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 individual referred to in paragraph (a);
(c) a child of the person or of the person's spouse, common-law partner or the individual 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)

international single sport event

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)

study permit

has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (permis d'études)

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 or 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, as determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration, is 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) A foreign national is prohibited from entering Canada from the United States for the purpose of attending an institution other than a listed institution.

Prohibition — listed institution

(1.1) A foreign national is prohibited from entering Canada from the United States for the purpose of attending a listed institution unless they are

(a) a person who holds a valid study permit;
(b) a person who may apply for a study permit when entering Canada under section 214 of the Immigration and Refugee Protection 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 subsections (1) and (1.1), 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 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:
  - (A) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident or protected person, or 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) to provide care for a Canadian citizen, permanent resident, temporary resident or protected person, or 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) to attend a funeral or end-of-life ceremony,
- (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,
  - (A) has not received written notice from the government of the province where the activity referred to in subparagraph (i) will take place indicating that that government opposes the non-application of subsections 3(1) and 4(1) to persons who engage in such an activity in that province and who are unable to comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act, and
  - (B) if the foreign national intends to engage in the activity referred to in subparagraph (i) in a location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the foreign national at that location in order to engage in that activity; or
(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 — sports

5.3 (1) Subsection 3(1) does not apply to a foreign national who is authorized by a letter issued under subsection (2) to enter Canada as a high-performance athlete taking part in or a person engaging in an essential role in relation to an international single sport event, if the athlete or the person is affiliated with a national organization responsible for that sport.

Letter of authorization

(a) the names and contact information of all persons referred to in subsection (1); and
(b) a letter of support for the entry into Canada of all persons referred to in subsection (1) from the government of the province where the international single sport event will take place and from the local public health authority.

Cancellation or withdrawal of support

(3) Despite subsection (1), a foreign national is prohibited from entering Canada from the United States to take part in an international single sport event if the Deputy Minister of Canadian Heritage withdraws the letter of authorization for one of the following reasons:

(a) the event is cancelled by the individual or entity in charge of the event; or
(b) the local public health authority or the government of the province withdraws the letter of support referred to in paragraph (2)(b).

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, if 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 2} is repealed.

Effective period

9 This Order has effect for the period beginning at 11:59:59 p.m. Eastern Standard Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Standard Time on February 21, 2021.

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. 2020-1128 of the same name, which came into force on December 18, 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 standard time, on the date it is made, until 11:59:59 p.m., Eastern standard time, February 21, 2021.

Objective

This Order maintains Canada's 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 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 if they exhibit signs and symptoms of COVID-19.

The Order also includes minor technical amendments for consistency.

Background

COVID-19

Coronaviruses are spread among humans primarily through the inhalation of infectious respiratory droplets (e.g. when an infected individual coughs or sneezes) and, in some situations, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. Coronaviruses are also spread 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.

While new vaccines for COVID-19 are becoming available, there are still limitations on distribution capacity. However, the National Advisory Committee on Immunization (NACI) recommends that all individuals should continue to practise recommended public health measures for prevention and control of COVID-19 regardless of COVID-19 vaccination at this time. NACI states that there is insufficient evidence on the duration of protection of COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19. Current treatment is supportive, aimed at relief of symptoms and treatment of associated medical complications.

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 the proportion of travel-related COVID-19 infections from greater than 20% in March, to less than 3 in January 2021. Canada has also seen a 93.9% decrease in the number of travellers from the United States, from October 2019 to October 2020. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that onward 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, including lockdowns, 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. Canada continues to have a Level 3 travel health notice for all countries, including the United States, advising Canadians to avoid non-essential travel outside Canada. 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. The number of cases of COVID-19 in the United States also remains high.

The WHO has warned that in many countries, the second wave is already exceeding previous peaks. As of January 11, 2021, there were 21 761 186 detected cases in the United States, 10 450 284 detected cases in India, and 8 013 708 detected cases in Brazil. Domestically, the situation also continues to worsen. For the week of January 11, 2021, an average of 8 108 cases was being reported daily, an increase of 5% from the previous week. Some provinces and territories are reintroducing significant lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes. As of January 11, 2021, Canada's case count stood at 660 289, with 84 587 considered active cases. 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 January 11, 2021, shows the United States reporting the highest number of confirmed cases and deaths of all reporting countries. In addition, several countries have reported new variants of the virus, with higher transmissibility including a new variant identified in the United Kingdom (UK variant), South Africa (SA variant) and recently, one from Brazil. 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 has been 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 establishing travel thresholds or 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.

To reduce the risk of importation, many countries around the world are requiring a pre-departure test of travellers as a condition of entry, or have introduced rapid testing measures for travellers arriving at airports. On January 6, 2021, the Government of Canada introduced similar pre-flight testing requirements for persons entering Canada, with limited exceptions. Evidence demonstrates that implementation of pre-departure COVID-19 molecular testing will reduce COVID-19 importation, related health care system demands, and secondary infections, compared to no pre-test options. Based on modelling done at the Public Health Agency of Canada, pre-departure COVID-19 molecular testing between zero and three days has an approximate 70% efficacy, while testing done between four and five days has an approximate 50 – 60% efficacy in preventing positive cases from arriving in Canada. In order to reduce the risk of importation of COVID-19 into Canada, pre-departure testing offers an additional layer of protection along with existing Canadian quarantine activities.

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 other specified permitted purposes. 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.

The updated Order includes minor technical amendments for consistency between the other complementary Orders.

The Government of Canada recognizes that the ongoing general restrictions 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

Consultation

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 (Quarantine, Isolation and Other Obligations)

P.C. 2021-11 January 20, 2021

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;

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 (Quarantine, Isolation and Other Obligations)

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)

COVID-19 molecular test

means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)

dependent child

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

international single sport event

means an event that is governed by the sport's International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process, and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for that sport. (événement unisport international)

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, and that is chosen by the Chief Public Health Officer. (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)

Application

Non-application

1.01 This Order does not apply to 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, if the person was continuously on board that conveyance while in Canada and

(a) 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
(b) in the case of an aircraft, the conveyance did not land while in Canada.

Requirements Before or When Entering Canada

Entering by means other than aircraft — quarantine plan

1.1 (1) Subject to subsection (2), 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.

Exception

(2) Instead of providing the quarantine plan, every person referred to in subsection 6(1) or 7.2(1) 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.

Entering by aircraft — COVID-19 molecular test and quarantine plan

1.2 (1) Every person who enters Canada by aircraft must meet the following requirements:

(a) before boarding the aircraft for the flight to Canada, they must
- (i) subject to subsection (2), if the person is five years of age or older, provide to the aircraft operator evidence containing the following elements that they received either a negative result for a COVID-19 molecular test that was performed on a specimen that was collected no more than 72 hours, or no more than another period set out under the Aeronautics Act, before the aircraft's initial scheduled departure time or a positive result of the test that was performed on a specimen that was collected at least 14 days and no more than 90 days before the aircraft's initial scheduled departure time:
  - (A) the person's name and date of birth,
  - (B) the name and civic address of the laboratory that administered the test,
  - (C) the date the specimen was collected and the test method used, and
  - (D) the test result,
- (ii) subject to subsection (3), 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
- (iii) provide the quarantine plan 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; and
(b) they must retain the evidence referred to in subparagraph (a)(i) for 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), if applicable.

Exception — COVID-19 molecular test

(2) Subparagraph (1)(a)(i) does 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 who is re-entering Canada after having left to participate in mandatory training in relation to the operation of a conveyance, and who is required by their employer to return to work as a member of a crew on a conveyance within the 14-day period that begins on the day on which they return to Canada;
(c) a person or any person in a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, if 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;
(d) 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;
(e) an emergency service provider, including a firefighter, peace officer, or paramedic, who returns to Canada after providing emergency services in a foreign country and who is required to provide their services within the 14-day period that begins on the day on which they return Canada;
(f) an official of the Government of Canada or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer, or correctional officer, who is escorting individuals travelling to Canada or from Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person;
(g) an official of the Government of Canada, the government of a province or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who
- (i) enters Canada for the purposes of border, immigration or law enforcement, or national security activities, that support active investigations, ensure the continuity of enforcement operations or activities, or enable the transfer of information or evidence pursuant to or in support of a legal process, and
- (ii) is required to provide their services within the 14-day period that begins on the day on which they enter Canada;
(h) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest, if the person complies with any conditions imposed on them by that Minister to minimize the risk of introduction or spread of COVID-19; or
(i) a person who enters Canada by aircraft and who is not required under the Aeronautics Act to provide the evidence referred to in subparagraph (1)(a)(i).

Exception — quarantine plan

(3) Instead of providing the quarantine plan referred to in subparagraph (1)(a)(ii), every person referred to in subsection 6(1) or 7.2(1) must, before boarding an aircraft for 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 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.

Test in Canada – persons subject to the Aeronautics Act

(4) Every person referred to in paragraph (2)(i), unless they are also referred to in one of paragraphs (2)(a) to (h) or they provide evidence of a positive COVID-19 molecular test result that was performed on a specimen that was collected at least 14 days and no more than 90 days before the aircraft's initial scheduled departure time, must meet the following requirements:

(a) in accordance with the instructions of the quarantine officer, they must undergo a COVID-19 molecular test in Canada unless, in exigent circumstances, the quarantine officer releases the person from that requirement, in which case the person must follow instructions specified by the quarantine officer; and
(b) they must retain the evidence of the COVID-19 molecular test result for the 14-day period that begins on the day on which they receive the evidence of that result or that begins again if, during the 14-day period, the person develops 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 under any type of COVID-19 test.

Persons in transit

(5) Subsections (1) and (3) 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.

Persons Entering Canada

Requirements — questions and information

2 (1) 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;
(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; and
(c) provide, upon request, the evidence referred to in subparagraph 1.2(1)(a)(i) to any official of the Government of Canada or of the government of a province or to the local public health authority of the place where the person is located.

Test in Canada

(2) Every person who receives evidence of the result of a COVID-19 molecular test performed under paragraph 1.2(4)(a) must — for the 14 – day period that begins on the day on which they receive the evidence or that begins again if, during the 14-day period, the person develops 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 under any type of COVID-19 test — provide that evidence, upon request, to any official of the Government of Canada or of the government of a province or to the local public health authority of the place where the person is located.

Designation

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

Mask

2.2 (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 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 subsection 6(1), 7.1(1) or 7.2(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 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 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 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, 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 into 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-child relationship, and
- (iii) where they will have access to the necessities of life without leaving that place;
(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 under any type of COVID-19 test, 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 the associated requirements continue to apply if, during the 14-day period, the person develops 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 under any type of COVID-19 test.

Cessation — daily reporting

(3) The reporting 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 under any type of COVID-19 test.

Unable to quarantine themselves

4 (1) A person referred to in section 3 is considered unable to quarantine themselves if

(a) the person has not provided the evidence referred to in subparagraph 1.2(1)(a)(i), unless the person is excepted from this requirement by virtue of subsection 1.2(2);
(b) the person refused to undergo a COVID-19 molecular test in accordance with paragraph 1.2(4)(a);
(c) the person is referred to in paragraph 1.2(2)(i) and it is necessary for the person 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 quarantine themselves; or
(d) the person cannot quarantine themselves in accordance with paragraph 3(1)(a).

Requirements — quarantine at quarantine facility

(2) A person who, at the time of entry into 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;
(b) enter into quarantine without delay
- (i) at the quarantine facility in accordance with instructions provided by a screening officer or quarantine officer 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, or
- (ii) at any other place that the quarantine officer considers suitable in accordance with instructions provided by the quarantine officer and remain in quarantine at the place or at any other place to which they are subsequently transferred until the expiry of that 14-day period;
(c) 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);
(d) 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 under any type of COVID-19 test, follow instructions provided by the public health authority specified by a screening officer or quarantine officer; and
(e) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Change of place

(3) A person may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to quarantine themselves at a place that meets the conditions set out in subparagraphs 3(1)(a)(i) to (iii), and, if applicable, must meet the requirements set out in paragraphs 3(1)(b) and (c).

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 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 under any type of COVID-19 test.

Cessation — daily reporting

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

Requirements — persons subject to the Aeronautics Act

4.1 (1) A person referred to in paragraph 1.2(2)(i), unless they are also referred to in one of paragraphs 1.2(2)(a) to (h), who is excepted from the quarantine requirements by virtue of subsection 6(1), 6.2(1), 7.1(1) or 7.2(1), who does not have signs and symptoms of COVID-19 and who undergoes the test referred to in paragraph 1.2(4)(a) must meet the following requirements:

(a) if directed by a screening officer or quarantine officer, they must 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;
(b) they must enter into quarantine without delay
- (i) at the quarantine facility in accordance with instructions provided by a screening officer or quarantine officer, or
- (ii) at any other place that the quarantine officer considers suitable in accordance with instructions provided by the quarantine officer;
(c) report their arrival at the quarantine facility within 48 hours to a screening officer or quarantine officer at that facility;
(d) remain in quarantine at the quarantine facility, at the other place, at any other quarantine facility or at any other place that the quarantine officer considers suitable to which they are subsequently transferred and while they remain in quarantine
- (i) monitor for signs and symptoms of COVID-19,
- (ii) report daily to a screening officer or quarantine officer at the quarantine facility or to a quarantine officer at the other place 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,
  - (A) no longer comply with the requirement under subparagraph (ii), and
  - (B) follow instructions provided by the public health authority specified by a screening officer or quarantine officer; and
(e) while they remain at the quarantine facility or at the other place, undergo any health assessments that a quarantine officer requires.

COVID-19 test result

(2) The following provisions apply to a person who receives evidence of a COVID-19 test result, as the case may be:

(a) if the person receives evidence of a negative COVID-19 test result, they may, with the authorization of a quarantine officer, leave a quarantine facility or the other place, without any other requirement;
(b) if the person receives evidence of a positive COVID-19 test result,
- (i) they are no longer required to comply with the requirement under subparagraph (1)(d)(ii),
- (ii) they must remain in quarantine at the quarantine facility or the other place for an additional 14-day period that begins on the day on which the positive result was issued, and
- (iii) they must follow instructions provided by the public health authority specified by a screening officer or quarantine officer.

Period begins again

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

Choice of quarantine facility

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

(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 into Canada; and
(f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — requirement to quarantine

6 (1) Subject to subsection (2), paragraphs 3(1)(a) and (b), subparagraph 3(1)(c)(ii) and section 4 do not apply to the following persons:

(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, if 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, if 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, if 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 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 and who enters Canada for the purpose of performing their duties as a student in the health field, if 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, if 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 the government of a province, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, if 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, if the government of the province and the local health authority of the place where that institution is located have indicated to the Public Health Agency of Canada that the 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 enrolled in an institution referred to in paragraph (p) or to pick the student up from that institution, if the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from that institution and they wear a non-medical mask while outside the conveyance;
(r) a student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution, if they will 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;
(s) a driver of a conveyance who enters Canada after dropping off or picking up a student at or from an institution referred to in paragraph (r) where that student is enrolled, and who enters Canada to return to their habitual place of residence after dropping off or picking up that student, if 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 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, if 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 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, if 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 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; or
(y) a person who enters Canada in a conveyance at a land border crossing in the following circumstances, if neither the person nor any other person in the conveyance left the conveyance while outside Canada:
- (i) the person was denied entry into 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 into the United States at the land border crossing.

Exception

(2) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subparagraph 1.2(1)(a)(i) but who does not do so, unless they subsequently receive evidence of a negative COVID-19 test result or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

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 (1) Subject to subsection (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, if 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

Non-application — medical reason

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

(a) during 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; or
(b) during the time necessary to enable the person to undergo a COVID-19 molecular test.

Non-application — accompanying person

(1.1) If the person excepted from the quarantine requirements by virtue of subsection (1) is a dependent child or requires assistance in accessing medical services or treatments, the exception set out in 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 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.

Non-application — compassionate grounds

7.1 (1) Subject to subsection (3), 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 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 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 a 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) Subsection (1) applies if 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.

Exception

(3) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subparagraph 1.2(1)(a)(i) but who does not do so, unless they subsequently receive evidence of a negative COVID-19 test result or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

Orders made under Quarantine Act

(4) 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.

Non-application — international single sport event

7.2 (1) Subject to subsection (5), paragraphs 3(1)(a) and (b), subparagraph 3(1)(c)(ii) and section 4 do not apply to a person in respect of whom a letter of authorization has been issued under subsection (2) and who enters Canada to take part in an international single sport event as a high-performance athlete or to engage in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport.

Letter of authorization

(2) The Deputy Minister of Canadian Heritage may, if he or she considers it appropriate, issue a letter of authorization after receiving, from the individual or entity in charge of the international single sport event,

(a) the names and contact information of all persons taking part in the international single sport event as a high-performance athlete or engaging in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport;
(b) a plan that specifies measures to minimize the risk of introduction or spread of COVID-19; and
(c) a letter of support for the plan from the government of the province where the international single sport event will take place and from the local public health authority.

Conditions

(3) Subsection (1) applies if

(a) the government of the province or the local public health authority has not withdrawn their letter of support for the plan;
(b) the individual or entity in charge of the international single sport event has not cancelled that event;
(c) the person is taking part in the international single sport event as a high-performance athlete or engaging in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport; and
(d) the person complies with the conditions that are specified in the letter of authorization and that are imposed to minimize the risk of introduction or spread of COVID-19.

Consultation with Minister of Health

(4) Conditions that are imposed under paragraph (3)(d) must be developed in consultation with the Minister of Health.

Exception

(5) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subparagraph 1.2(1)(a)(i) but who does not do so, unless they subsequently receive evidence of a negative COVID-19 test result or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

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 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, 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 into 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-child relationship, and
- (iii) where they will have access to the necessities of life without leaving that place;
(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.

Unable to isolate themselves

10 (1) A person referred to in section 9 is considered unable to isolate themselves if

(a) the person has not provided the evidence referred to in subparagraph 1.2(1)(a)(i), unless the person is excepted from this requirement by virtue of paragraphs 1.2(2)(a) to (h);
(b) the person refused to undergo a COVID-19 molecular test in accordance with paragraph 1.2(4)(a);
(c) it is necessary for the person 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
(d) the person cannot isolate themselves in accordance with paragraph 9(a).

Requirements — isolation at quarantine facility

(2) A person who, at the time of entry into 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;
(b) enter into isolation without delay
- (i) at the quarantine facility in accordance with instructions provided by a screening officer or quarantine officer 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, or
- (ii) at any other place that the quarantine officer considers suitable in accordance with instructions provided by the quarantine officer and remain in isolation at the place or at any other place to which they are subsequently transferred until the expiry of that 14-day period;
(c) 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
(d) 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.

Change of place

(3) A person 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 at a place that meets the conditions set out in subparagraphs 9(a)(i) to (iii), and, if applicable, must meet the requirements set out in paragraphs 9(b) and (c).

Requirements — persons subject to the Aeronautics Act

10.1 (1) A person referred to in paragraph 1.2(2)(i), unless they are also referred to in one of paragraphs 1.2(2)(a) to (h), who has signs and symptoms of COVID-19 and who undergoes the test referred to in paragraph 1.2(4)(a) must meet the following requirements:

(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;
(b) enter into isolation without delay
- (i) at the quarantine facility in accordance with instructions provided by a screening officer or quarantine officer and remain in isolation at the facility or at any other quarantine facility to which they are subsequently transferred, or
- (ii) at any other place that the quarantine officer considers suitable in accordance with instructions provided by the quarantine officer and remain in isolation at the place or at any other place to which they are subsequently transferred;
(c) report their arrival at the quarantine facility within 48 hours to a screening officer or quarantine officer at that facility; and
(d) while they remain at the quarantine facility or at the other place, undergo any health assessments that a quarantine officer requires.

Negative COVID-19 test result

(2) The following provisions apply to a person who receives a negative COVID-19 test result, as the case may be:

(a) they must remain in isolation at the quarantine facility or the other place until the expiry of the 14-day period that begins on the day on which the person enters Canada;
(b) with the authorization of and in accordance with the instructions of a quarantine officer,
- (i) if the person is excepted from the quarantine requirements by virtue of subsection 6(1), 6.2(1), 7.1(1) or 7.2(1), they leave the quarantine facility or the other place, or
- (ii) in the case of other persons, they leave the quarantine facility or the other place in order to isolate themselves in a place that meets the conditions set out in subparagraphs 3(1)(a)(i) to (iii), in which case they must remain in isolation at that place until the expiry of the 14-day period that begins on the day on which the person enters Canada.

Positive COVID-19 test result

(3) If the person receives a positive COVID-19 test result,

(a) they must remain in isolation at the quarantine facility or the other place until the expiry of the 14-day period that begins on the day on which the positive result was issued; and
(b) they must follow instructions provided by the public health authority specified by a screening officer or quarantine officer.

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 quarantine facility;
(e) the likelihood or degree of exposure of the person to COVID-19 prior to entry into 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

(a) during 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; and
(b) during the time necessary to enable the person to undergo a COVID-19 molecular test.

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) The requirements set out 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 9(a) include instructions that are provided after the time of entry into Canada.

Cessation of Effect

February 21, 2021

15 This Order ceases to have effect at 11:59:59 p.m. Eastern Standard Time on February 21, 2021.

Repeal

16 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)^{footnote 3} is repealed.

Coming into Force

Day order is made

17 This Order comes into force at 11:59:59 p.m. Eastern Standard Time on the day on which it is made.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), is made pursuant to section 58 of the Quarantine Act. The Order repeals and replaces Order in Council P.C. 2021-1 of the same title, which came into force on January 6, 2021.

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) and Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 19.

This Order will be in effect from 11:59:59 p.m., Eastern standard time, on the date on which it is made, until 11:59:59 p.m., Eastern standard time, February 21, 2021.

Objective

This Order enhances Canada's focus on reducing the introduction and further spread of COVID-19 and new variants of the virus into Canada by decreasing the risk of importing cases from outside the country.

This Order, like its predecessor, continues to require all persons who enter Canada, whether by air, land, or sea, to answer questions to determine if they have signs or symptoms of COVID-19 and, with limited exemptions, quarantine or isolate for 14 days from the day upon which they entered Canada. This Order also continues to generally require that all travellers (five years of age and older) have a negative COVID-19 molecular test result before boarding an aircraft into Canada.

The new Order specifies that persons exempt under the Aeronautics Act from the pre-flight testing are now required to test upon their return to Canada, with limited exemptions for certain classes of persons listed in the Order, or in extraordinary circumstances as determined by the quarantine officer at entry. The new Order also addresses the question of continuous positive tests for persons having previously contracted COVID-19. These travellers may continue to test positive within three months after their initial infection, which would prevent their travel even though current scientific evidence suggests they may not be infectious. These travellers will have the option to present proof of a positive COVID-19 result of a test performed 14 to 90 days prior to the initial scheduled departure time, instead of a negative COVID-19 test.

Other changes align the Order with the policy intent to protect Canadians from further introduction or spread of COVID-19. More specifically, changes clarify that Canadian cross-border students studying in the United States are prohibited from providing direct care for persons over 65 years of age within the first 14 days after their entry to Canada, as is currently the case in this Order for health care professionals or students in the health field. The Order has also been updated to clearly communicate that all passengers travelling in a vehicle at a land border crossing, and who were denied entry into the United States, will be required to quarantine if any of the travellers exited the vehicle abroad. The Order also includes minor technical amendments to align the English and French versions.

Background

COVID-19

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. Information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been developing over the past several months but continues to be 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 continues to evolve. Assuming the continued supply of safe and effective vaccines, it is expected that there will be enough vaccines to immunize all Canadians for whom vaccines are approved and recommended. The Government of Canada anticipates that this will be achievable by September of 2021.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, in some circumstances, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. The droplets vary in size from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, sometimes called aerosols, which linger in the air under some circumstances. Coronaviruses are also spread 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 are 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 five days.

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 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. The introduction of the new variants of the virus that causes COVID-19 with suspected higher transmissibility may further worsen the negative health impacts of COVID-19.

On December 19, 2020, the United Kingdom announced that analysis of viral genome sequence data determined that a new variant of the virus that causes COVID-19 was spreading in the country, and that this new variant was significantly more transmissible (up to 70%) than previously circulating variants. In addition, South Africa and Brazil have also identified other novel variants of the virus. While early data suggests that these new variants may be more transmissible, to date there is no evidence that they cause more severe disease or have any impact on antibody response or vaccine effectiveness. Cases of the variant identified in the United Kingdom and South Africa have now been identified in many countries around the globe, including a small number of cases in Canada and the United States.

As new variants continue to spread in the United Kingdom, South Africa, and other countries, there is a strong rationale to require that travellers to Canada should test for COVID-19 prior to arrival in Canada to increase overall protection for Canadians, and prevent further introduction and transmission of all variants of the virus that causes COVID-19 into Canada. Over 170 countries and territories require a negative pre-travel COVID-19 test or medical certificate as a condition of entry into their jurisdictions. The United States, for instance, currently requires a negative pre-departure test 3 days prior to boarding for any passenger originating from the United Kingdom. The United States has also recently announced that as of January 26, 2021, all travellers to the United States will require evidence of a negative pre-departure molecular or antigen test three days prior to boarding an aircraft.

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 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 the 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 the proportion of travel-related COVID-19 infections from greater than 20% in March to less than 3% in January 2021. The number of travellers to Canada from overseas (countries other than the United States) was down 95.2% from October 2019 to October 2020, and down 93.9% from the United States for the same period. While these measures cannot prevent COVID-19 from crossing the border, they are effective at reducing the risk that onward community transmission will occur due to international travel.

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 case increases in Latin America, Europe, Asia, and the Middle East. The number of cases of COVID-19 in the United States also remains high.

Given the current lack of evidence on the extent to which new variants can spread outside the country of origin, timely efforts to prevent and control the spread of these variants should mirror those taken in the early phases of the pandemic. This includes avoiding non-essential travel to and from the affected areas as well as increased testing efforts, contact tracing and isolation of confirmed cases with epidemiological links to affected areas. These new variants are not currently expected to have an impact on the effectiveness of vaccines in early distribution. New information is emerging daily about additional, potential variants, and the countries that have confirmed variant cases, some of which are observed to have the potential for higher transmissibility.

The WHO has warned that, in many countries, the second wave is already exceeding previous peaks. As of January 14, 2021, there were 22 645 757 detected cases in the United States, 10 512 093 detected cases in India, and 8 195 637 detected cases in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from India, Mexico and Europe. Domestically, the situation also continues to worsen. Several provinces and territories are reintroducing significant lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes. As of January 14, 2021, Canada's case count stood at 688 891, with 77 956 considered active cases. Based on current review of international experience, introducing new measures to further prevent the introduction and spread of COVID-19 and new variants of the virus in Canada is justifiable. Given the global situation and dynamic environment presented by the pandemic, including the emergence of new variants, domestic rates can be expected to rise. Canada is currently facing limited health care system capacity and a certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary infections to household members or in the community.

The Government of Canada is working with provincial governments and industry stakeholders to gather data on testing travellers entering Canada at select airport and border crossings through pilot programs. These pilot programs have demonstrated that the frequency of people coming into Canada with COVID-19 is approximately 1 – 2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. The pilot programs have also demonstrated that approximately 68.5% of positive cases show positive upon arrival and could be found by pre-departure screening prior to travellers entering Canada. An additional 25.8% positive cases were identified on day 7 of the quarantine period, with another 5.6% identified by day 14. This affirms the need for ongoing vigilance in travellers testing negative upon entry into Canada and the importance of enhanced surveillance and enforcement during the quarantine period.

If travellers are to continue to enter Canada, it is important to reduce the number of travellers with COVID-19 as much as possible before they arrive or board an aircraft. Evidence demonstrates that implementation of pre-departure COVID-19 molecular testing will reduce COVID-19 importation, related health care system demands, and secondary infections, compared to no pre-test options. Based on modelling done at the Public Health Agency of Canada (PHAC), pre-travel COVID-19 molecular testing between zero and three days has an approximate 70% efficacy, while testing done between four and five days has an approximate 50 – 60% efficacy in identifying positive cases. The Order seeks to identify these cases in advance by requiring travellers to provide a negative COVID-19 test result where the test was done no more than three days before boarding an aircraft. Many countries around the world are requiring a pre-departure test as a condition of entry. In order to reduce the risk of importation of COVID-19 into Canada, pre-departure testing offers an additional layer of protection along with existing Canadian quarantine activities.

COVID-19 molecular testing such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection. They are also able to detect most symptomatic and asymptomatic infections, making them more accurate for pre-departure screening. An antigen test is more likely to miss a COVID-19 infection compared to a molecular test, such as a PCR test. Therefore, molecular tests are more accurate for use in pre-departure screening.

Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals should not be considered as evidence of a new infection posing risk, but rather that a person has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from boarding an aircraft, acceptable proof of prior infection has been introduced as an alternative to the requirement to provide a negative molecular test result. Requiring that prior positive test results be obtained no sooner than 14 days before departure allows for the time needed to become non-infectious and prevents those persons who may be infectious from travelling. Proof of a positive result from a test performed 14 to 90 days before a flight's initial scheduled departure time will therefore be acceptable, in lieu of proof of a negative result from a test conducted 72 hours before a flight's initial scheduled departure time.

Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government of Canada recognizes that entry prohibitions and mandatory quarantine requirements place a significant burden on the Canadian economy, Canadians, and their immediate and extended families. 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 the potential advent of new, more transmissible variants of the virus, the Government of Canada continues to take a precautionary approach by increasing border restrictions and restricting incoming travel from any country in an effort to preserve domestic health capacity in Canada and reduce the further introduction and transmission of COVID-19.

Implications

Key impacts for persons entering Canada

As was the case under the 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 the administration of this Order. Travellers entering Canada are also generally required to provide their 14-day quarantine plan via the ArriveCan app or website. This information must be provided prior to boarding an aircraft. Subject to limited exceptions, travellers are also required to provide a pre-flight negative COVID-19 test result conducted no more than 72 hours before the flight's initially scheduled departure time. 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 Order will continue to require all persons who are required to quarantine or isolate to wear a non-medical mask upon entering Canada and while in transit to their place of quarantine or isolation, as applicable. Persons who are exempt from quarantine requirements are required to wear a non-medical mask when they are in public settings when physical distancing is not possible.

The new Order specifies that a person exempt under the Aeronautics Act from having to provide evidence of a negative molecular test before boarding an aircraft or, alternatively, proof of a prior COVID positive test, are now required to undergo a COVID-19 molecular test in Canada. This requirement is subject to limited exemptions for certain classes of persons listed in the Order, or in extraordinary circumstances as determined by the quarantine officer at entry. The new Order also addresses the question of repeated positive tests for travellers who had previously contracted COVID-19 and recovered, by permitting them to provide proof of a positive COVID-19 result from a test conducted between 14 and 90 days prior to the initial scheduled departure instead of a negative COVID-19 molecular test result from a test conducted 72 hours before a flight's initial scheduled departure time.

Canadian cross-border students studying in the United States are prohibited from providing direct care for persons over 65 years of age within the first 14 days after their entry to Canada, as is currently the case in the Order for health care professionals or students in the health field. The Order has also been updated to clearly communicate that all passengers travelling in a vehicle at a land border crossing and who were denied entry into the United States will be required to quarantine if any of the travellers exited the vehicle abroad. The Order also includes minor technical amendments to align the English and French versions.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The penalties could lead to up to six months in prison and/or $750,000 in fines. Violating other measures in the Quarantine Act, including exposure of another person to serious disease, can lead to up to three years in prison and/or $1,000,000 in fines. In addition, fines 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. 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 and Emergency Preparedness; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development 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