Canada Gazette, Part I, Volume 155, Number 37: ORDERS IN COUNCIL
September 11, 2021
PUBLIC HEALTH AGENCY OF CANADA
QUARANTINE ACT
Order Amending the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States)
P.C. 2021-900 September 1, 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 COVID-19 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 in Canada of COVID-19 or of 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 COVID-19 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 Order Amending 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).
Order Amending 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)
Amendment
1 Section 3 of 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 amended by adding the following after subsection (2):
Non-application — evacuated foreign national
(2.01) Subsection (2) does not apply to a foreign national or any foreign national in a class of persons who enters Canada on board a conveyance organized by the Government of Canada and is authorized by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration and the Minister of Health to be evacuated from a country and who, as determined by the Minister of Foreign Affairs or the Minister of Citizenship and Immigration, is in exigent circumstances and suffering hardship, if the person complies with the conditions that the Minister of Health may impose to minimize the risk of introduction or spread of COVID-19.
Non-application — crew member
(2.02) Subsection (2) does not apply to a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations who enters Canada on board a conveyance organized by the Government of Canada that transports a foreign national referred to in subsection (2.01).
Coming into Force
2 This Order comes into force on the day on which it is made.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order in Council, entitled Order Amending the Minimizing the Risk of Exposure to COVID-19 in Canada Order (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 supplements the 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), P.C. 2021-824, which came into force on August 9, 2021.
The new Order complements any Order made under the Quarantine Act imposing testing, isolation or quarantine requirements upon entry into Canada.
This Order will be in effect from the date it is made.
Objective
This Order amends section 3 of the above-referenced Order to remove the prohibition on entry into Canada for authorized foreign national travellers and crew regardless of whether they have reasonable grounds to suspect they have COVID-19, if they exhibit signs and symptoms of COVID-19, or if they know they have COVID-19, when arriving by a Government of Canada-arranged evacuation.
Background
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.
Between February 3, 2020, and August 9, 2021, 63 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada. These emergency orders reduce the risk of importation of cases from other countries, facilitate repatriation of Canadians, and strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.
With the deteriorating situation in Afghanistan and the risks it poses for many vulnerable Afghans, the Government of Canada continues to be deeply concerned. To help address the growing humanitarian crisis, Canada will ease the border entry restrictions for persons evacuated from Afghanistan while maintaining public health measures to minimize the introduction of COVID-19 into Canada and its spread in the country. By welcoming these Afghans for humanitarian reasons, Canada will offer these individuals a new start. It is understood that the health and welfare risks of remaining in the country of origin are much higher for these persons when balanced against the risk of potential introduction of diseases, especially considering that Canada’s robust public health measures will also apply to these individuals. The measure is introduced in such a way as to permit the Government of Canada to respond in a similar way if warranted for future international crises.
Implications
This Order makes an amendment to P.C. 2021-824 to allow foreign nationals authorized by the Minister of Citizenship and Immigration, the Minister of Foreign Affairs, and the Minister of Health to be part of a Government of Canada-facilitated evacuation, and who are determined by the Minister of Citizenship and Immigration or the Minister of Foreign Affairs to be in exigent circumstances and suffering hardship to enter Canada regardless of whether they have reasonable grounds to suspect they have COVID-19, they exhibit signs and symptoms of COVID-19, or they know they have COVID-19. In order to participate in these evacuation flights, travellers may also be subject to additional public health measures prior to arrival in Canada, with such conditions to be set by the Minister of Health.
The new allowance will extend to foreign national crew members, as defined in the Immigration and Refugee Protection Regulations or the Canadian Aviation Regulations, on board the Government-facilitated conveyance evacuation.
As is the case for all travellers, evacuees are required to wear masks while in transit to Canada and to their place of quarantine or isolation, and those who are symptomatic will be required to isolate upon arrival.
Canadian citizens, permanent residents, and persons registered as Indians under the Indian Act continue to enter Canada by right, even if they are ill when presenting at the border.
Consultation
The Public Health Agency of Canada has consulted multiple government agencies, including the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; Transport Canada; the Canadian Armed Forces; and Global Affairs Canada.
Contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.ca