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

November 7, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-840 October 30, 2020

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

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

Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada;

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

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

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

Definitions

Definitions

1 The following definitions apply in this Order.

Chief Public Health Officer
means the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act. (administrateur en chef)
dependent child
has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
isolation
means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who have signs and symptoms of COVID-19 or who know that they have COVID-19, in such a manner as to prevent the spread of the disease. (isolement)
permanent resident
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)
protected person
means a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
quarantine
means the separation of persons in such a manner as to prevent the possible spread of disease. (quarantaine)
quarantine facility
means a place that is designated under section 7 of the Quarantine Act or that is deemed to be designated under subsection 8(2) of that Act. (installation de quarantaine)
signs and symptoms of COVID-19
include a fever and a cough or a fever and difficulty breathing. (signes et symptômes de la COVID-19)
temporary resident
means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)
vulnerable person
means a person who
  • (a) has an underlying medical condition that makes the person susceptible to complications relating to COVID-19;
  • (b) has a compromised immune system from a medical condition or treatment; or
  • (c) is 65 years of age or older. (personne vulnérable)

Persons Entering Canada

Requirements — questions and information

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

Designation

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

Mask or face covering

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

Persons not subject to quarantine

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

Non-application

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

Asymptomatic Persons

Requirements — asymptomatic persons

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

Period begins again

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

Unable to quarantine themselves

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

Requirements — quarantine at quarantine facility

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

Change of place

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

Period begins again

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

Choice of quarantine facility

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

Non-application — requirement to quarantine

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

Consultation with Minister of Health

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

Non-application — persons participating in projects

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

Non-application — medical reason

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

Non-application — accompanying person

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

Non-application — other cases

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

Exception — compassionate grounds

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

Conditions

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

Exception — leaving Canada

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

Symptomatic Persons

Requirements — symptomatic persons

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

Unable to isolate themselves

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

Requirements — isolation at quarantine facility

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

Change of place

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

Choice of quarantine facility

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

Non-application — medical reason

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

Non-application — accompanying person

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

Non-application — other cases

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

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,

Amendments to this Order

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

Requirements Before or When Entering Canada

Quarantine plan

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

Quarantine plan — entering by aircraft

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

Contact information

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

Contact information — entering by aircraft

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

Persons in transit

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

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

Requirements — asymptomatic persons

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

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

Daily reporting

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

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

Requirements — quarantine at quarantine facility

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

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

Daily reporting

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

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

Non-application — requirement to quarantine

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

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

Non-application — persons participating in projects

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

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

Non-application — compassionate grounds

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

Conditions

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

Orders made under Quarantine Act

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

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

Requirements — symptomatic persons

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

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

Requirements — isolation at quarantine facility

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

Transitional Provision

Entering Canada before November 20, 2020

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

Cessation of Effect

November 30, 2020

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

Repeal

Repeal of P.C. 2020-797

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

Coming into Force

Day order is made

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

Sections 15 to 24

(2) Sections 15 to 24 come into force at 11:59:59 p.m. Eastern Standard Time on November 20, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 7, is made pursuant to section 58 of the Quarantine Act.

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

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

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

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order maintains the previous requirements that all persons who enter Canada, whether by air, land, rail or sea, are required to answer questions to determine if they have signs or symptoms of COVID-19, and, with limited exceptions, quarantine or isolate for 14 days from the day upon which they entered Canada.

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

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

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

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

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

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

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

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

Background

COVID-19

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

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

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

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

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

Government of Canada response to COVID-19 pandemic

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

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

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

At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. This is because the global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Europe Asia and the Middle East. Cases of COVID-19 in the United States also remain high. The WHO has warned that in many countries, the second wave is already exceeding previous peaks. As of October 22, 2020, there were 8 336 282 detected cases in the United States, 7 706 946 detected cases in India, and 5 298 772 detected cases in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from India, Mexico and Europe.

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

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

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

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

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

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

Implications

Key impacts for persons entering Canada

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

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

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

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

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

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

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

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

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

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

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. In addition, tickets of up to $1,000 may also be issued for non-compliance pursuant to the Contraventions Act.

Consultation

The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. Airlines and airport authorities have been engaged in discussions on the new mandatory pre-border digital information approach. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Employment and Social Development Canada; Agriculture and Agri-food Canada; Innovation, Science and Economic Development Canada; Natural Resources Canada; and Global Affairs Canada, given linkages to departmental mandates and other statutory instruments.

Contact

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

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-839 October 30, 2020

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

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

Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada;

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

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States).

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

Definitions

1 The following definitions apply in this Order.

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

Prohibition

2 A foreign national is prohibited from entering Canada if they arrive from a foreign country other than the United States.

Non-application

3 (1) Section 2 does not apply to

Listed institution

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

Prohibition — signs and symptoms

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

Prohibition — other orders

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

Prohibition — optional or discretionary purpose

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

Non-application — immediate or extended family member

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

Non-application — national interest

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

Non-application — compassionate grounds

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

Non-application — compassionate grounds

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

Non-application — order

4 This Order does not apply to

Powers and obligations

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

Repeal

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

Effective period

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

Section 3.1

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

Section 3.2

(3) Section 3.2 has effect for the period beginning immediately after 11:59:58 p.m. Eastern Standard Time on November 20, 2020 and ending at 11:59:59 p.m. Eastern Standard Time on November 30, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States), is made pursuant to section 58 of the Quarantine Act.

The Order repeals and replaces Order in Council P.C. 2020-796 of the same name, which came into force on October 7, 2020.

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

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

Objective

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

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

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

The updated Order also includes minor edits to improve readability.

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

Background

COVID-19

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

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

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

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

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

Government of Canada response to COVID-19 pandemic

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

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

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

At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. This is because the global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Europe, Asia and the Middle East. Cases of COVID-19 in the United States also remain high.

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

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

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

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

Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government recognizes that entry prohibitions and mandatory quarantine requirements place significant burden on the Canadian economy, Canadians, and their immediate and extended families. As a result, the Government has been easing the burden for specific cohorts encountering extreme hardship due to border restrictions, such as for foreign nationals seeking to be reunited with family members and those seeking to enter to provide care to critically ill or dying individuals residing 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 non-optional or non-discretionary purposes, or are immediate or extended family members of a Canadian citizen, permanent resident, or person with status under the Indian Act, and are entering Canada to be with that person for at least 15 days.

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

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

The Government of Canada recognizes that the prohibitions on entry into Canada have significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

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

Contact

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

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-838 October 30, 2020

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

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

Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada;

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

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).

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

Definitions

1 The following definitions apply in this Order.

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

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

Prohibition — other orders

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

Non-application — certain persons

(2) Subsection (1) does not apply to persons referred to in subsections 5(1) or (2) who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.

Prohibition — claim for refugee protection

5 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person

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:

Prohibition — international students

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

Listed institution

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

Non-application — compassionate grounds

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

Non-application — compassionate grounds

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

Non-application — order

6 This Order does not apply to

Powers and obligations

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

Repeal

8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)footnote 3 is repealed.

Effective period

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

Section 5.2

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

Section 5.3

(3) Section 5.3 has effect for the period beginning immediately after 11:59:58 p.m. Eastern Standard Time on November 20, 2020 and ending at 11:59:59 p.m. Eastern Standard Time on November 21, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States), is made pursuant to section 58 of the Quarantine Act.

The Order repeals and replaces Order in Council P.C. 2020-810 of the same name, which came into force on October 20, 2020.

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

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

Objective

This Order furthers Canada’s continued focus on reducing the introduction and spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order continues to prohibit entry into Canada of foreign nationals arriving from the United States (U.S.) for an optional or discretionary purpose, with some limited exceptions. Even those who are exempted from the prohibition may not enter if they have COVID-19, or they exhibit signs and symptoms of COVID-19.

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

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

The updated Order also includes minor edits to improve readability.

Background

COVID-19

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

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

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

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

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

Government of Canada response to COVID-19 pandemic

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

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

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

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

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

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

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

Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government recognizes that entry prohibitions and mandatory quarantine requirements place significant burden on the Canadian economy, Canadians, and their immediate and extended families. As a result, the Government of Canada has been easing the burden for specific cohorts encountering extreme hardship due to border restrictions, such as for foreign nationals seeking to be reunited with family members and those seeking to enter to provide care to critically ill or dying individuals residing 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 the United States, unless they are entering for non-optional or non-discretionary purposes or are immediate or extended family members of a Canadian citizen, permanent resident, or person with status under the Indian Act, and entering Canada to be with that person for at least 15 days.

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

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

The updated Order also includes minor edits to improve readability.

The Government of Canada recognizes that the prohibition on entry into Canada has significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

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

Contact

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