Canada Gazette, Part I, Volume 155, Number 8: ORDERS IN COUNCIL

February 20, 2021

DEPARTMENT OF NATURAL RESOURCES

NATIONAL ENERGY BOARD ACT

Order — Certificate of Public Convenience and Necessity GC-132 to Trans Québec & Maritimes Pipeline Inc. to operate the Sabrevois pipeline and related facilities

P.C. 2021-13 January 27, 2021

Whereas on August 23, 2019, Trans Québec & Maritimes Pipeline Inc. ("TQM") applied to the National Energy Board pursuant to Part III of the National Energy Board Act ("NEB Act") for a certificate of public convenience and necessity to operate the Sabrevois pipeline and related facilities as part of the TQM Reinforcement and Asset Purchase Project ("Project");

Whereas, on August 28, 2019, the Canadian Energy Regulator Act ("CER Act") came into force and the NEB Act was repealed;

Whereas, at that date, the Project was an application pending before the National Energy Board (NEB) that, in accordance with section 36 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, was to be taken up before the Commission of the Canadian Energy Regulator ("Commission") and continued in accordance with the NEB Act as it read immediately before its repeal;

Whereas the Commission held a public hearing on TQM's application and received submissions from TQM and other participants, including stakeholders from the federal government, municipal governments and industry;

Whereas it was open to Indigenous groups to participate in the public hearing for the purpose of expressing their views concerning TQM's application;

Whereas the Commission did not receive any views from Indigenous groups;

Whereas the Administrator in Council accepts the Commission's recommendation that the Project will be, if implemented in accordance with the conditions as set out in Appendix II of the Commission's Report of October 29, 2020, entitled Letter Report – Trans Québec and Maritimes Pipeline Inc. (TQM) GH-001-2020 Reinforcement and Asset Purchase, required by the present and future public convenience and necessity and is in the Canadian public interest under the NEB Act;

Whereas in letters dated February 13, 2020, July 21, 2020, November 4, 2020, November 24, 2020, and December 4, 2020, the Crown provided information about the Project and indicated that the Crown consultation team was available to meet with the five potentially affected Indigenous groups to discuss any potential impacts the Project may have on rights recognized and affirmed by section 35 of the Constitution Act, 1982;

Whereas the Administrator in Council, having considered that no Indigenous concerns were identified in the Commission's Report, or raised during Crown consultations, is satisfied that the consultation process is consistent with the honour of the Crown;

And whereas the Administrator in Council considers that the Project would contribute to the safe operation of pipeline infrastructure for natural gas transmission within the Montérégie and Estrie regions of southern Quebec;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Natural Resources, pursuant to paragraph 54(1)(a) of the National Energy Board Act, directs the Commission of the Canadian Energy Regulator to issue Certificate of Public Convenience and Necessity GC-132 to Trans Québec & Maritimes Pipeline Inc. to operate the Sabrevois pipeline and related facilities, subject to the conditions set out in Appendix II of the Commission's Report of October 29, 2020, entitled Letter Report – Trans Québec and Maritimes Pipeline Inc. (TQM) GH-001-2020 Reinforcement and Asset Purchase.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal and objectives

This Order in Council is required pursuant to section 54 of the National Energy Board Act (NEB Act) to direct the Commission of the Canadian Energy Regulator (Commission) to issue Certificate of Public Convenience and Necessity (Certificate) GC-132 to Trans Québec & Maritimes Pipeline Inc. (TQM) to operate the Sabrevois Assets.

The Sabrevois Assets consist of an existing 64 km natural gas pipeline and associated facilities in southern Quebec, which TQM acquired from Énergir L.P. as part of the TQM Reinforcement and Asset Purchase Project (the Project).

The Project fits within a larger TQM Reinforcement Program, which is a joint facility-planning effort between TQM, Énergir, and TransCanada PipeLines Limited (TCPL) that will reinforce the security of gas supply, while ensuring continued reliability for the TCPL systems. The TQM Reinforcement Program was developed to address growing demand in the Estrie and Montérégie regions of Quebec, while minimizing the overall facility requirements and reducing costs.

This Order in Council follows the decision of the Commission on October 29, 2020, to grant TQM leave to purchase the Sabrevois Assets from Énergir L.P. and to recommend that the Certificate be issued.

Although the request for approval to operate the Sabrevois Assets requires a recommendation under section 52 of the NEB Act, and Governor in Council (GiC) approval under section 54 of the NEB Act, approval to purchase the Sabrevois Assets from Énergir is issued through an Order under section 74 of the NEB Act and does not require GiC approval. Similarly, approval to construct and operate related compressor and interconnect infrastructure is issued through an Order under section 58 of the NEB Act and does not require GiC approval.

The end result of these approvals is to enable the integration of the Sabrevois pipeline into the federally regulated TQM System.

Background

Énergir L.P. owns and operates a natural gas pipeline system that includes the Sabrevois pipeline in southern Quebec, which is subject to provincial jurisdiction and regulated by the Quebec Régie de l'énergie. Énergir L.P. distributes approximately 97% of the gas consumed in Quebec. Its underground pipeline network spans more than 10 000 km and serves just over 200 000 customers.

TQM is owned equally by 9265-0860 Québec Inc. (a wholly owned subsidiary of Énergir L.P.) and TransCanada PipeLines Limited (an affiliate of TC Energy Corporation). The TQM System is a natural gas pipeline system that transports natural gas produced in the Western Canadian Sedimentary Basin to the Appalachian Basin in the province of Quebec as well as to customers in the United States, including in Vermont, New Hampshire, Maine and Massachusetts.

The TQM System is subject to federal jurisdiction and regulation by the Canada Energy Regulator (CER). Its assets include approximately 572 km of pipeline running from an interconnect with the TransCanada Canadian Mainline System at Saint-Lazare, west of Montréal, to Saint-Nicolas, near Québec. A southern branch of the TQM System extends from Lachenaie, east of Montréal, to the Quebec/New Hampshire border.

The $119 million Project would address distribution shifts on the Énergir distribution system to manage increasing loads and changes in how natural gas is consumed and transported on the TCPL Canadian Mainline, the TQM System, and the Énergir distribution system in the Montérégie and Estrie regions of Quebec. For example, the majority of the current supply delivered to TCPL's Saint-Mathieu Meter Station, which serves the Énergir distribution system in the Montérégie region and is operating at capacity, will be transferred to a new Énergir delivery meter near Saint-Basile, which will connect to the TQM system via an interconnect within the scope of the Project.

Transition from the NEB to the CER

During the review of the TQM Reinforcement and Asset Purchase Project, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts received royal assent. As a result, on August 28, 2019, the NEB Act was replaced with the Canadian Energy Regulator Act (CER Act). Pursuant to section 36 of the transitional provisions of the CER Act, the Project application, which was filed by TQM on August 23, 2019, continued under the NEB Act. The Commission is responsible for the review of the application for a Certificate for the operation of the Sabrevois Assets.

Project background

The Project consists of the purchase and operation of Énergir's Sabrevois Pipeline, running approximately 64 km between Sabrevois and Shefford, along with related components, including the Sabrevois Delivery Station, seven lateral lines totalling 11 km, and related infrastructure (collectively, the "Sabrevois Assets"). It also includes the construction and operation of the Bromont Compressor Station, comprised of one electrical compressor unit, one gas compressor unit, and related components, and the construction and operation of approximately 20 m of 12 inch diameter pipeline as an interconnect at Saint- Basile-le-Grand, Quebec ("Saint-Basile Interconnect").

Of the approximately 75 km of Sabrevois Pipeline and laterals, TQM has stated that 2% are located on provincial lands, 6% on municipal lands, and 92% on private lands. The Bromont Compressor Station will be located on private land and will require a permanent footprint of 3.88 ha with a buffer zone of 1.29 ha and 1.01 ha for an access road. The Saint-Basile Interconnect will be located within TQM's existing right-of-way.

Commission decision

On October 29, 2020, the Commission issued its Letter Report – Trans Québec and Maritimes Pipeline Inc. (TQM) GH-001-2020 Reinforcement and Asset Purchase (Commission's Report) recommending that a Certificate be issued for the Sabrevois Assets subject to 12 conditions, including related to environmental protection and emergency response. In determining whether the Project was in the public interest, the Commission considered the issues listed in Appendix I of its Report, including the potential impacts of the Project on Indigenous interests, the environmental and socio-economic effects of the Project, safety and security during construction and operation of the Project, the valuation, tolls and financing for the Project, and the need for the Project.

The Commission also decided to grant TQM the authorizations it sought to purchase the Sabrevois Assets, under section 74 of the NEB Act, and to construct and operate the Bromont Compressor Station and the Saint-Basile Interconnect, under section 58 of the NEB Act, conditional on the issuance of the Certificate being authorized by the GiC.

Implications

Legal framework

The Project application was assessed by the Commission in accordance with the NEB Act. The Project will be regulated under the CER Act and associated regulations.

As none of the Project components is considered a designated project under the Canadian Environmental Assessment Act, 2012 or the Impact Assessment Act, an environmental assessment is not required under those acts.

Market and economic impacts

TC Energy and TQM stated the Project will provide numerous benefits and is the most optimal long-term facility solution to manage increasing loads and changes in how gas is consumed and transported on the TransCanada Canadian Mainline System, the TQM System, and the Énergir distribution system.

TQM stated that gas supplied to the TQM System is from some of the most abundant resources in North America, including from the Montney and Duvernay formations in the Western Canadian Sedimentary Basin and from the Marcellus and Utica basins in the United States. TQM noted that this demonstrates the expectation that these supply basins will continue to provide adequate supply sources to serve future TQM System markets. Residential, commercial and industrial markets in the province of Quebec are expected to grow marginally from approximately 16.8 million cubic metres per day in 2018 to 17.6 million cubic metres per day in 2030. TQM indicated that the outlook for future domestic market demand within the province of Quebec shows that sufficient long-term markets are expected to continue to exist to support the Project and that the Project will be useful over its economic life. The Commission is of the view that the Project is economically feasible and is likely to be used at a reasonable level over its economic life.

The Sabrevois Asset purchase does not involve construction work, as it is an asset transfer between two companies. For the related infrastructure, TQM estimates a workforce of approximately 50 workers on average and 200 workers at peak levels during construction of the Bromont Compressor Station. At the Saint-Basile Interconnect, the estimated workforce is approximately 15 to 20 workers and the duration of construction is expected to be four to five weeks. TQM intends to communicate employment and contracting opportunities to the Mohawks, Algonquins, and Abenakis as the Project progresses.

Environmental impacts

The Commission completed a full and comprehensive environmental assessment for this project under the NEB Act. Having undertaken the environmental assessment, the Commission concluded that, with the implementation of TQM's environmental protection procedures and mitigation measures, and the Commission's recommended conditions, the Project is not likely to cause significant adverse environmental effects.

TQM conducted an environmental due diligence assessment on the Sabrevois Assets to ensure they comply with environmental law and regulations and to determine any environmental risk or potential liability associated with their current and historical operational activity. The due diligence assessment determined that environmental liabilities associated with the Sabrevois Assets were a low-level concern, based on existing information.

The Commission recommended a number of conditions on the Project with respect to protecting the environment. Specifically, Condition 3: Environmental Protection states that TQM must implement or cause to be implemented all of the policies, practices, programs, mitigation measures, recommendations, procedures and its commitments for the protection of the environment included in or referred to in its Application and otherwise made on the GH-001-2020 hearing record.

Safety of the pipeline and facilities

The Commission was satisfied that the general design of the Project is appropriate for the intended use. The Commission was further satisfied that each component of the Project would be designed, located, constructed, installed and operated in accordance with the Canadian Energy Regulator Onshore Pipeline Regulations and Canadian Standards Association CSA Z662-19.

The Commission recommended that Condition 2: Operation of the Sabrevois Assets be added to the Certificate requiring TQM to comply with the specifications, standards, commitments made, and other information included in its application or in its related submissions.

The Commission was satisfied with TQM's commitment to continue refining the interoperability between the emergency management system (the Incident Command System) it utilizes and the system used in the Province of Quebec through future corporate exercises and other liaison and continuing education activities that will be implemented throughout the life of the Project. In this regard, the Commission included Condition 7: Emergency Response Numbers to ensure that all agencies involved are aware of the new ownership and have the most current emergency response telephone numbers in the event of a future emergency.

Conclusions of the Commission

The Commission concluded that it is in the public interest to grant TQM leave to purchase the Sabrevois Assets from Énergir L.P. pursuant to paragraph 74(1)(b) of the NEB Act, subject to a Certificate being issued. It recommended that the GiC approve the Project and that a Certificate be issued for the operation of the Sabrevois Assets, pursuant to section 54 of the NEB Act, subject to 12 binding conditions covering matters, including safety, environmental protection, facility signage, and emergency response numbers.

In addition to the approval of the operation of the Sabrevois Assets, TQM also applied to the NEB for an Order under section 58 in relation to the construction and operation of the Bromont Compressor Station and the Saint-Basile Interconnect. The Commission decided to issue the requested Order conditional on the GiC authorizing the issuance of a Certificate for the Project. The Commission imposed eight conditions on this Order regarding matters, such as TQM's construction schedule, environmental protection, and commitments tracking tables.

Also conditional on the GiC authorizing that a Certificate be issued, the Commission approved, pursuant to section 59 of the NEB Act, TQM's request to include the purchase price of the Sabrevois Assets plus adjustments, as detailed in Schedule C of the Sale Agreement in the TQM System rate base at closing. Rate base is the amount of investment on which a return is authorized to be earned by a pipeline company, while "closing" refers to the completion of the transfer to and acceptance by TQM of the Sabrevois Assets.

TQM requested the Commission to grant it leave to open the Sabrevois Assets for transmission of natural gas pursuant to section 47 of the NEB Act. The Commission was satisfied that the Sabrevois Assets meet the Canadian Energy Regulator Onshore Pipeline Regulations requirements, and that the facilities are fit for their designed service. Consequently, the Commission granted TQM leave to open these facilities pursuant to section 47 of the NEB Act, subject to a Certificate being authorized by the GiC.

Change from provincial to federal jurisdiction

The collective result of these decisions is to integrate the provincially regulated Sabrevois Assets into the federally regulated TQM System, placing them under federal jurisdiction. All of the decisions are within the authority of the Commission under the NEB Act, except for the issuance of the Certificate that must be directed by the GiC.

Énergir has in parallel applied to the Régie de l'énergie of Quebec for approval to sell the Sabrevois Assets to TQM and remove them from provincial jurisdiction.

Consultations

Public consultations

TQM's approach to stakeholder engagement has been to ensure that potentially affected landowners, municipalities, federal and provincial elected officials and other stakeholders, such as non-governmental groups, have had the opportunity to review and provide input on the proposed Project in the official language of their choice. TQM tailored its stakeholder engagement for each of the Project's main components — the acquisition of the Sabrevois Assets, the construction and operation of the Bromont Compressor Station, and the Saint-Basile Interconnect.

For the Sabrevois Assets, TQM identified landowners, municipalities, Regional County Municipalities (MRCs) and emergency responders as potentially impacted. TQM mailed information and Project update packages in December 2018, and Project update packages in August 2019.

For the Bromont Compressor Station, TQM started its consultation program in March 2019 by engaging with the City of Bromont, landowners, land users, city councillors, and first responders. TQM provided project information packages, conducted in-person meetings, and held information sessions.

TQM began implementing its engagement program for the Saint-Basile Interconnect in November 2018 when it held a meeting in Saint-Basile-le-Grand to present information on the Project. TQM emailed Project information to the MRC of Vallée-du-Richelieu and to first responders in January 2019. Project update packages were sent to these same stakeholders in August 2019.

TQM has committed to continue engaging with stakeholders through its Public Awareness Program throughout the lifecycle of the Project. TQM is not aware of any commercial stakeholder concerns with the Project.

CER Hearing process

On February 4, 2020, the Commission issued a Notice of Public Hearing and invited those who wished to participate in the Commission's public hearing to apply to participate. The Commission granted seven Intervenorsfootnote 1 and one Commenterfootnote 2 status in the GH-001-2020 proceeding, who demonstrated that they are directly affected by the proposed application or they have relevant information or expertise. No one was denied standing. This application was assessed by the Commission through a written process. Letters of comment were filed through the CER's online-filing tool, and were also accepted via email sent to the Secretary of the CER in consideration of the impacts of COVID-19 on the CER and on participants.

No Participants expressed concerns regarding the commercial impacts of the Project during the CER Hearing. In its Application to Participate, the City of Saint-Basile-le-Grand expressed concerns related to infrastructure being close to Route 116, a previous gas leak having triggered emergency measures.

Indigenous consultations

TQM determined there was no new potential for the practice of Indigenous rights to be impacted by the Project because all construction will occur on privately owned lands, there is no potential for impacts on navigation, and the Project is located approximately 40 km from the nearest community. No Indigenous groups participated in the CER Hearing, no Indigenous groups raised concerns or responded to an invitation to engage in Crown consultations, and no participants expressed concerns with respect to the engagement of Indigenous peoples.

Crown consultations with Indigenous peoples

Canada is committed to advancing reconciliation and renewing its relationship with Indigenous peoples to one based on a recognition of rights, respect, cooperation, and partnership. This commitment places an emphasis on ensuring that the Crown fulfills its duty to consult and, where appropriate, accommodates Indigenous peoples in a manner that is reasonable and meaningful. This includes fostering a two-way dialogue in a manner that upholds the honour of the Crown. Canada has a legal duty to consult and, where appropriate, accommodate when it contemplates conduct that might adversely impact asserted or established Aboriginal or Treaty rights, such as a decision on the Project.

In a letter dated February 13, 2020, sent to the five potentially affected Indigenous groups outlined in the CER Project Hearing process, Canada indicated that the Government intends to rely, to the extent possible, on the CER to fulfill any federal duty to consult related to the proposed Project. The letter also noted that, in the event that Project-related impacts to section 35 rights cannot be addressed within this process, the Government of Canada would consult with Indigenous groups directly on those matters. Canada sent a second letter to the same Indigenous groups on July 21, 2020, offering to meet to discuss any outstanding impacts or concerns. Subsequent to the release of the Commission's Report, Canada sent three further letters, on November 4, November 24 and December 4, 2020, to advise of Canada's intention to close consultations and consider the CER's recommendation if Indigenous groups did not identify any concerns. Canada did not receive any comments from Indigenous groups.

CER views on Indigenous rights and interests

The Commission noted that a company's early engagement with Indigenous peoples is a critical part of the development of a proposed project and that the following Indigenous communities have traditional territory in the Project area and are potentially impacted by the Project: Algonquin Anishinabeg Nation; Mohawks of Kanesatake; Mohawks of Kahnawake; Abénakis de Wôlinak; and Abenaki First Nation of Odanak. The Commission concluded that there was adequate consultation for the purpose of its decision on the Project. Furthermore, it concluded that any potential Project impacts on the rights and interests of affected Indigenous peoples are not likely to be significant and can be effectively addressed.

The Commission noted that engagement efforts undertaken by a proponent with Indigenous peoples are considered within the context of the expectations set out in the CER's Filing Manual. While a proponent's engagement efforts are distinct from those of the Crown, the information gathered as a result of such efforts can often inform the Commission's understanding of the views and concerns with respect to the rights and interests of potentially affected Indigenous peoples.

The Commission noted that TQM provided Project information to the CER-identified communities, and that no issues or concerns were raised. It was satisfied that TQM had provided Project information to potentially impacted communities and that TQM would continue engaging with Indigenous peoples throughout the lifecycle of the Project.

The Commission considered the following factors when evaluating the adequacy of consultation and accommodation for the Project: TQM's route selection; the size, scope, and scale of the Project; TQM's engagement with Indigenous peoples for the Project including the notice and sufficiency of information about the Project that was provided; the evaluation process for the Project; the participation opportunities for Indigenous peoples, and the fact that no submissions from Indigenous peoples were received.

Considering all of its findings, the Commission concluded that approval of the Project is consistent with section 35 of the Constitution Act, 1982 and the honour of the Crown.

Conclusion

The Administrator in Council accepts the Commission's view that the Project is required by the present and future public convenience and necessity and is in the Canadian public interest under the NEB Act, and the Commission's view that with appropriate mitigation the Project is not likely to cause significant adverse environmental effects.

The Administrator in Council considers that the Project would contribute to the safe operation of pipeline infrastructure for natural gas transmission within the Montérégie and Estrie regions of southern Quebec.

In reaching its public interest determination on whether to approve the Project, the Administrator in Council weighed a number of considerations including the Commission's conclusions and recommendations on the Project, as well as the adequacy of section 35 Crown consultation of Indigenous groups and the absence of any concerns having been raised by Indigenous groups.

In considering this information, the Administrator in Council, on the recommendation of the Minister of Natural Resources

pursuant to section 54 of the National Energy Board Act, directs the Commission of the Canadian Energy Regulator to issue Certificate of Public Convenience and Necessity GC-132 to Trans Québec & Maritimes Pipeline Inc. to operate the Sabrevois pipeline and related facilities, subject to the conditions set out in Appendix II of the Commission's Report of October 2020 entitled Letter Report – Trans Québec and Maritimes Pipeline Inc. (TQM) GH-001-2020 Reinforcement and Asset Purchase.

Contact

Chris Evans
Senior Director
Pipelines, Gas and LNG Division
Petroleum Resources Branch
Natural Resources Canada
Telephone: 343‑292‑6521

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. 2021-76 February 14, 2021

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

Therefore, His Excellency the Administrator of the Government of Canada 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.

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

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 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

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,

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:

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 3 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 Daylight Time on April 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. 2021-10 of the same name, which came into force on January 20, 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 11:59:59 p.m., Eastern Standard Time, on the date it is made until 11:59:59 p.m., Eastern Daylight Time, April 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 (U.S.) 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.

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.

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.

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

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 20, 2021, the Governor in Council has made 42 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. Canada has seen an 85.7% decrease in international arrivals, from December 2019 to December 2020. Through the limitation of incoming travel to Canada, the number of travel-related COVID-19 cases in December 2020 has remained a fraction of the travel-related cases seen in March 2020 at the beginning of the pandemic. Further, requiring mandatory quarantine for asymptomatic travellers (with some exceptions) and mandatory isolation for symptomatic travellers is 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. This is because the global number of cases of COVID-19 is continuing to rise at an accelerated pace, with ongoing 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 February 3, 2021, there were 26 055 512 detected cases in the United States, 10 777 284 detected cases in India, and 9 229 322 detected cases in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from sun destinations including Mexico and Jamaica. Domestically the situation also continues to worsen. For the week of January 31, 2021, an average of 3 376 cases were reported daily, a 24% decrease from the week of January 24, 2021, which reflects that 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 February 3, 2021, Canada's case count stood at 786 417 with 49 562 considered active cases. In addition, several new variants of the SARS-CoV-2 virus with higher transmissibility are being detected in countries across the globe, including the new B.1.1.7 variant first reported in the United Kingdom and the B.1.351 variant first reported in South Africa — both of which have been identified in Canada — and recently, a new variant of concern identified in Brazil that has not yet been identified in Canada as of February 3, 2021. 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 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 reinstated 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 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 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; 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. 2021-75 February 14, 2021

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

Therefore, His Excellency the Administrator of the Government of Canada 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.

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 — 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 — COVID-19 molecular test

2.1 A foreign national five years of age or older is prohibited from entering Canada from the United States if they do not comply with the applicable requirement, under any order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act, to provide, before or when entering Canada, evidence that they received a COVID-19 molecular test result before entering Canada.

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 or the length of their stay, they cannot comply with the applicable requirement to quarantine under any order with respect to mandatory isolation or quarantine 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) 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

Listed institution

(2) For the purposes of subsections (1) and (1.1), 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 if

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

(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,

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:

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 4 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 Daylight Time on March 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. 2021-9 of the same name, which came into force on January 20, 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 11:59:59 p.m., Eastern Standard Time, on the date it is made until 11:59:59 p.m., Eastern Daylight Time, March 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 (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 if they exhibit signs and symptoms of COVID-19.

The Order now also prohibits foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), subject to some exceptions.

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.

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.

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

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 20, 2021, the Governor in Council has made 42 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 number of travel-related COVID-19 cases in December 2020 has remained a fraction of the travel-related cases seen in March 2020 at the beginning of the pandemic. Canada has also seen an 85.2% decrease in the number of travellers from the United States, from December 2019 to December 2020.

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 continuing to rise, with ongoing 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 February 3, 2021, there were 26 055 512 detected cases in the United States, 10 777 284 detected cases in India, and 9 229 322 detected cases in Brazil. Domestically the situation is improving but this progress could be rapidly reversed if the new variants are introduced and spread into Canada. For the week of January 31, 2021, an average of 3 376 cases were reported daily, a 24% decrease in the average daily cases from the week of January 24, 2021, which reflects that 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 February 3, 2021, Canada's case count stood at 786 417 with 49 562 considered active cases. In December 2020, of the travel-related cases identified in Canada for which a country of origin is identified, 49% of cases were attributed to travellers from the United States. Data current to February 3, 2021, shows the United States reporting the highest number of confirmed cases and deaths of all reporting countries, with as many as 4 000 deaths a day being reported. In addition, several new variants of the virus, with higher transmissibility are being detected in countries across the globe, including the new B.1.1.7 variant first reported in the United Kingdom and the B.1.351 variant first reported in South Africa — both of which have been identified in Canada — and recently, a new variant of concern identified in Brazil, that has not yet been identified in Canada as of February 3, 2021. Therefore, 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 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-arrival COVID-19 molecular testing will reduce: COVID-19 importation, related health care system demands, and secondary transmission, compared to no pre-arrival 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-arrival 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 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 Order now also prohibits foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the complementary Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), with limited exceptions.

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

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; 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 (Quarantine, Isolation and Other Obligations)

P.C. 2021-77 February 14, 2021

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

Therefore, His Excellency the Administrator of the Government of Canada 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 (Quarantine, Isolation and Other Obligations).

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.

accredited person
means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
Canadian Forces
means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
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)
government-authorized accommodation
means an accommodation that is authorized by the Public Health Agency of Canada, Canadian Forces, Department of Citizenship and Immigration, Department of Employment and Social Development or Department of Agriculture and Agri-Food, including one contracted, operated or organized by a provincial government with agreement from the federal government. (lieu d'hébergement autorisé par le gouvernement)
international single sport event
means an event that is governed by a 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 the 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)
mask
means any mask, including a non-medical mask, that meets all of the following requirements:
  • (a) it is made of multiple layers of tightly woven materials such as cotton or linen;
  • (b) it completely covers a person's nose, mouth and chin without gaping;
  • (c) it can be secured to a person's head with ties or ear loops. (masque)
permanent resident
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)
protected person
has the same meaning as in 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
has the same meaning as assigned in 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 related 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)

Non-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

Requirements Before or When Entering Canada

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

1.1 (1) Every person, before or when entering Canada by a mode of transport other than an aircraft, must

Non-application — COVID-19 molecular test

(2) Paragraph (1)(a) does not apply to

Exception — quarantine plan

(3) Instead of providing the quarantine plan referred to in paragraph (1)(b), a person referred to in subsection 6(1) or 7.2(1) must, before or when entering Canada by land, provide to the Minister of Health their contact information for the 14-day period that begins on the day on which they enter Canada.

Entering by aircraft — pre-arrival COVID-19 molecular test, suitable quarantine plan and prepaid accommodation

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

Evidence of prepaid accommodation

(1.1) For the purposes of clause (1)(a)(ii)(B), evidence of prepaid accommodation includes evidence that accommodation for that person has been paid for, before or when that person enters Canada,

Non-application — pre-arrival COVID-19 molecular test

(2) Subparagraph (1)(a)(i) does not apply to

Exception — suitable quarantine plan and prepaid accommodation

(3) Instead of providing the suitable quarantine plan referred to in clause (1)(a)(ii)(A) and the evidence of prepaid accommodation referred to in clause (1)(a)(ii)(B), a person referred to in subsection 6(1) or 7.2(1), before boarding an aircraft for a flight to Canada must

Persons in transit

(4) 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.

Suitable quarantine plan

1.3 The suitable quarantine plan referred to in clause 1.2(1)(a)(ii)(A) must

Tests in Canada

1.4 (1) Every person who is five years of age or older and who enters Canada by aircraft must

Non-application

(2) Subsection (1) does not apply to

Exigent circumstances

(3) Subparagraph (1)(a)(i) or (ii) does not apply to a person who, in exigent circumstances, is released by a quarantine officer from the requirement to undergo the COVID-19 molecular test referred to in subparagraph (1)(a)(i) or (ii), as the case may be, in which case the person must follow the instructions specified by the quarantine officer.

Tests — expense

(4) For greater certainty, a person referred to in paragraph (1)(a) must comply with the conditions established under that paragraph at their own expense unless the COVID-19 molecular tests are provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty.

Alternative testing protocol

1.5 (1) Subject to subsection 1.4(2), the persons referred to in subsection (1.1) who enters Canada by aircraft must, in accordance with the instructions of a quarantine officer, undergo an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19, having regard to the following factors:

Persons subject to subsection (1)

(1.1) For the purposes of subsection (1), the persons referred to are

Exigent circumstances

(2) Subsection (1) does not apply to a person who, in exigent circumstances, is released by a quarantine officer from the requirement to undergo the alternative testing protocol, in which case the person must follow the instructions specified by the quarantine officer.

Non-application — positive result

(3) This section does not apply to a person who receives evidence of a positive result under any type of COVID-19 test.

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

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), if applicable, wear a mask 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, under subsection 6(1), 7.1(1) or 7.2(1), is not required to enter or remain in quarantine or every person who undergoes an alternative testing protocol in accordance with subsection 1.5(1) must, during the 14-day period that begins on the day on which they enter Canada,

Non-application

(3) The requirements in this section do not apply to

Asymptomatic Persons

Requirements — entering by means other than aircraft

3 (1) Any person who enters Canada by a mode of transport other than an aircraft and who does not have signs and symptoms of COVID-19 must

Requirements — entering by aircraft

(1.01) Any person who enters Canada by aircraft and who does not have signs and symptoms of COVID-19 must

Government-authorized accommodation

(1.1) The following factors must be considered before approving a government-authorized accommodation:

Non-application — government-authorized accommodation

(1.2) Paragraph (1.01)(a) does not apply to the following persons:

Accommodation — expense

(1.3) For greater certainty, a person referred to in paragraph (1.01)(a) must comply with the conditions established under that paragraph at their own expense unless the government-authorized accommodation is provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty.

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, receives evidence of a positive result under any type of COVID-19 test or is exposed to another person who exhibits signs and symptoms of COVID-19.

Cessation — daily reporting

(3) The reporting requirements set out in subparagraphs (1)(c)(ii) and (1.01)(e)(ii) end 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 — entering by means other than aircraft

4 (1) A person referred to in subsection 3(1) who enters Canada by a mode of transportation other than aircraft is considered unable to quarantine themselves if

Unable to quarantine — entering by aircraft

(1.01) A person referred to in section 3 who enters Canada by aircraft is considered unable to quarantine themselves if

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

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) or in subparagraphs 3(1.01)(b)(i) to (iii) and, if applicable, must meet the requirements set out in paragraphs 3(1)(a) and (b) or in paragraphs 3(1.01)(b) to (d).

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, receives evidence of a positive result under any type of COVID-19 test or is exposed to another person who exhibits signs and symptoms of COVID-19.

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.

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 (1) Subject to subsection (2), paragraphs 3(1)(a) and (b), subparagraph 3(1)(c)(ii), paragraphs 3(1.01)(a) to (d), subparagraph 3(1.01)(e)(ii) and section 4 do not apply to the following persons:

Non-application

(2) Subsection (1) does not apply to a person who is required to provide the evidence referred to in paragraph 1.1(1)(a) or 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(1)(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), paragraphs 3(1.01)(a) to (d), subparagraph 3(1.01)(e)(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.

Non-application — persons required to provide evidence

(2) Subsection (1) does not apply to a person who is required to provide the evidence referred to in paragraph 1.1(1)(a) or 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.

Non-application — medical reason

7 (1) Paragraphs 3(1)(a) and (1.01)(a) and section 4 do not apply to a person

Application of subsection (1) — accompanying person

(1.1) If the person excepted from the quarantine requirements under 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

Non-application — compassionate grounds

7.1 (1) Subject to subsection (3), paragraphs 3(1)(a) and (1.01)(a) and section 4 do not apply to a person if the Minister of Health

Conditions

(2) Subsection (1) applies if the person

Non-application

(3) Subsection (1) does not apply to a person who is required to provide the evidence referred to in paragraph 1.1(1)(a) or 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 paragraphs 3(1)(a) or (1.01)(a), as applicable, 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), paragraphs 3(1.01)(a) to (d), subparagraph 3(1.01)(e)(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,

Conditions

(3) Subsection (1) applies if

Consultation with Minister of Health

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

Non-application

(5) Subsection (1) does not apply to a person who is required to provide the evidence referred to in paragraph 1.1(1)(a) or 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 — entering by means other than aircraft

9 Every person who enters Canada by a mode of transportation other than aircraft 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

Requirements — entering by aircraft

9.01 Every person who enters Canada by aircraft 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 and every person who travelled with that person must

Unable to isolate — entering by means other than aircraft

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

Unable to isolate — entering by aircraft

(1.01) A person referred to in section 9.01 is considered unable to isolate themselves if

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 sections 9 or 9.01, as applicable, is considered unable to isolate themselves must

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) or in subparagraphs 9.01(b)(i) to (iii) and, if applicable, must meet the requirements set out in paragraphs 9(a) and (b) or 9.01(b) and (c).

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) Paragraphs 9(a) and 9.01(a) and section 10 do not apply to a person

Application of subsection (1) — accompanying person

(1.1) If the person to whom isolation requirements do not apply under 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 in sections 9 to 10 do not apply to a person if

Exception — leaving Canada

13 A person who must isolate themselves under section 9 or 9.01 or remain in isolation under section 10 may, at the discretion and in accordance with the instructions of a quarantine officer, leave Canada in a private conveyance before the expiry of the 14-day isolation period if they isolate themselves until they depart from Canada.

Powers and Obligations

Powers and obligations

14 For greater certainty,

Amendments to this Order

15 (1) Subsection 1.1(1) of this Order is replaced by the following:

Entering by means other than aircraft — COVID-19 molecular test and suitable quarantine plan

1.1 (1) Every person, before or when entering Canada by any means other than aircraft, must

(2) Subsection 1.1(3) of this Order is replaced by the following:

Exception — suitable quarantine plan

(3) Instead of providing the suitable quarantine plan referred to in paragraph (1)(b), a person referred to in subsection 6(1) or 7.2(1) must, before or when entering Canada by land, provide by electronic means specified by the Minister of Health their contact information for the 14-day period that begins on the day on which they enter Canada, unless they are a member of a class of persons who, as determined by the Minister, are unable to submit their quarantine plan 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 the form and manner and at the time specified by the Minister of Health.

16 The portion of section 1.3 of this Order before paragraph (a) is replaced by the following:

Suitable quarantine plan

1.3 A suitable quarantine plan must

17 The portion of subsection 1.4(1) of this Order before paragraph (a) is replaced by the following:

Tests in Canada

1.4 (1) Every person who is five years of age or older and who enters Canada must

18 The portion of subsection 1.5(1) of this Order before paragraph (a) is replaced by the following:

Alternative testing protocol

1.5 (1) Subject to subsection 1.4(2), the persons referred to in subsection (1.1) who enter Canada must, in accordance with the instructions of a quarantine officer, undergo an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19, having regard to the following factors:

19 (1) Subsections 3(1) and (1.01) of this Order are replaced by the following:

Requirements

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

(2) The portion of subsection 3(1.2) of this Order before paragraph (a) is replaced by the following:

3 Non-application — government-authorized accommodation

(1.2) Paragraph (1)(a) does not apply to the following persons:

(3) Subsection 3(1.3) of this Order is replaced by the following:

Accommodation — expense

(1.3) For greater certainty, a person referred to in paragraph (1)(a) must comply with the conditions established under that paragraph at their own expense unless the government-authorized accommodation is provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty.

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

Cessation — daily reporting

(3) The reporting requirement set out in subparagraph (1)(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.

20 (1) Subsections 4(1) and (1.01) of this Order are replaced by the following:

Unable to quarantine

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

(2) Paragraph 4(2)(c) of this Order is replaced by the following:

(3) Subsection 4(3) of this Order is replaced by the following:

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)(b)(i) to (iii) and, if applicable, must meet the requirements set out in paragraphs 3(1)(b) to (d).

21 The portion of subsection 6(1) of this Order before paragraph (a) is replaced by the following:

Non-application — requirement to quarantine

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

22 Subsection 6.2(1) of this Order is replaced by the following:

Non-application — persons participating in projects

6.2 (1) Subject to subsection (2), paragraphs 3(1)(a) or (a.1), as applicable, and paragraph (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.

23 The portion of subsection 7(1) of this Order before paragraph (a) is replaced by the following:

Non-application — medical reason

7 (1) Paragraphs 3(1)(a) or (a.1), as applicable, and section 4 do not apply to a person

24 (1) The portion of subsection 7.1(1) of this Order before paragraph (a) is replaced by the following:

Non-application — compassionate grounds

7.1 (1) Subject to subsection (3), paragraphs 3(1)(a) (a.1), as applicable, and section 4 do not apply to a person if the Minister of Health

(2) Paragraph 7.1(1)(b) of this Order is replaced by the following:

(3) Subsection 7.1(4) of this Order is replaced by the following:

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.

25 Subsection 7.2(1) of this Order is replaced by the following:

Non-application — international single sport event

7.2 (1) Subject to subsection (5), paragraphs 3(1)(a) or (a.1), as applicable, and paragraph (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.

26 Sections 9 and 9.01 of this Order are replaced by the following:

Requirements

9 Every 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 and every person who travelled with that person must

27 Section 10 of this Order is replaced by the following:

Unable to isolate

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

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

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(b)(i) to (iii) and, if applicable, must meet the requirements set out in paragraphs 9(b) and (c).

28 The portion of 12(1) of this Order before paragraph (a) is replaced by the following:

Non-application — medical reason

12 (1) Paragraph 9(a) and section 10 do not apply to a person

29 Section 13 of this Order is replaced by the following:

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 in a private conveyance before the expiry of the 14-day isolation period if they isolate themselves until they depart from Canada.

30 Paragraph 14(c) of this Order is replaced by the following:

Transitional Provisions

Entering Canada by aircraft before February 21 — exceptions

31 (1) Clauses 1.2(1)(a)(ii)(A) and (B), subparagraph 1.2(1)(a)(iii), subsections 1.4(1) and 1.5(1), paragraphs 3(1.01)(a) to (d) and 4(1.01)(e) do not apply to persons who enter Canada by aircraft before 11:59:59 p.m. Eastern Standard Time on February 21, 2021.

Entering Canada by aircraft before February 21 — quarantine

(2) Subparagraphs 1.2(1)(a)(ii) and (iii) and paragraph 3(1)(a) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 5, as it read immediately before 11:59:59 p.m. Eastern Standard Time on February 14, 2021, continues to apply, after that day and time, to persons who enter Canada by aircraft before 11:59:59 p.m. Eastern Standard Time on February 21, 2021.

Entering Canada by means other than aircraft — COVID-19 molecular test before February 21

(3) Despite any provisions of this Order, a person who enters Canada by a mode of transportation other than an aircraft before 11:59:59 p.m. Eastern Standard Time on February 21, 2021 who does not meet the requirement set out in paragraph 1.1(1)(a) must meet the requirements set out in subsections 1.4(1) and 1.5(1), with any necessary modifications.

Seasonal agricultural workers — exceptions

(4) Paragraph 3(1.01)(a) does not apply to a foreign national who holds a valid work permit as defined in section 2 of the Immigration and Refugee Protection Regulations that authorizes the foreign national to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers or to a foreign national whose application for such a work permit was authorized 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, provided that the foreign national enters Canada by aircraft before 11:59:59 p.m. Eastern Daylight Time on March 14, 2021.

Seasonal agricultural workers — quarantine

(5) Paragraph 3(1)(a) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 5, as it read immediately before 11:59:59 p.m. Eastern Standard Time on February 14, 2021, continues to apply to foreign nationals referred to in subsection (4) who enter Canada by aircraft before 11:59:59 p.m. Eastern Daylight Time on March 14, 2021.

Cessation of Effect

April 21, 2021

32 This Order ceases to have effect at 11:59:59 p.m. Eastern Daylight Time on April 21, 2021.

Repeal

33 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 5 is repealed.

Coming into Force

February 14, 2021

34 (1) Subject to subsection (2), this Order comes into force at 11:59:59 p.m. Eastern Standard Time on February 14, 2021.

February 21, 2021

(2) Subparagraph 1.3(a)(i) and sections 15 to 30 come into force 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 (Quarantine, Isolation and Other Obligations), is made pursuant to section 58 of the Quarantine Act. The Order repeals and replaces the Order in Council P.C. 2021-11 of the same title, which came into force on January 20, 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 any related Interim Order made under the Aeronautics Act to minimize the risk of importing COVID-19.

Most of the provisions of 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 Daylight Time, April 21, 2021. The post-arrival requirements of this Order will be in effect from 11:59:59 p.m., Eastern Standard Time, on February 21, 2021, until 11:59:59 p.m., Eastern Daylight Time, April 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), unless exempted, have a negative COVID-19 molecular test result before boarding an aircraft into Canada, or alternatively provide proof of a positive COVID-19 result of a test performed in the prior 14 – 90 days to show they are no longer infectious.

The new Order now requires all travellers, with limited exceptions, entering from the United States (U.S.) by land to also provide evidence of a negative COVID-19 molecular test done in the United States not more than 72 hours prior to presenting at the port of entry, or may instead present proof of a positive COVID-19 result of a test performed 14 – 90 days prior to the initial scheduled arrival time. Canadian citizens, permanent residents, and persons registered as Indians under the Indian Act without a test will generally be required to enter a designated quarantine facility. All travellers must provide their contact information and a suitable quarantine plan electronically prior to seeking entry to Canada or they may be issued a fine.

The updated Order now builds on the availability of COVID-19 molecular tests to reduce the likelihood of importing new COVID-19 variants through the imposition of new layers of measures on travellers. All travellers, with limited exceptions, will be required to undergo COVID-19 molecular testing at time of entry and once again later in the 14-day post-entry period while they are in quarantine. These test results will be analyzed to track and limit spread of COVID-19 variants. In some cases where quarantine would not be appropriate due to the urgency or critical nature of the work being performed by the incoming traveller, the ability to leverage new testing technologies will continue to be useful through the potential future introduction of alternative testing protocols that could be considered for collection of samples within a different timeframe in limited circumstances.

Travellers entering by air will now be required to enter a government-authorized accommodation near the first port of entry while awaiting the result of the first post-entry test. Travellers will be required to submit evidence that they have pre-booked and prepaid for accommodation for a three-day period prior to boarding their flight to Canada, which will be verified on arrival. Asymptomatic travellers who test negative on the post-entry test will be permitted to travel onwards from the government-authorized accommodation to conclude their 14-day quarantine in accordance with their suitable quarantine plan. Travellers who test positive for COVID-19, or who become symptomatic during their stay, will be required to isolate in a designated quarantine facility.

The updated Order includes more stringent requirements for a suitable quarantine plan to strengthen the mandatory 14-day quarantine (e.g. travellers must avoid all contact with others in their household with whom they did not travel, cannot stay with a vulnerable subpopulation or with anyone who works with such a population). The new Order further clarifies that travellers in quarantine or isolation are required to answer questions and provide information to peace officers on request.

The new Order allows for some limited exemptions to the requirements for post-entry testing and government-authorized accommodations. This includes new provisions for persons providing essential services, persons seeking essential medical treatment outside of Canada, persons entering Canada to assist in a major disaster, and unaccompanied dependent children.

The new Order also expands on the obligations of quarantine-exempt travellers with respect to mask wearing and maintaining a list of contacts during their initial 14-day period in Canada.

Background

COVID-19

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

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 practice 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, under 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 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 5 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 (UK) 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. The United States Centers for Disease Control and Prevention have observed that the new variants spread more easily and quickly than other variants, though studies suggest that the current vaccines authorized in the United States are effective against these variants. The European Centre for Disease Prevention and Control has assessed the impact of introduction and community spread of these new variants to be high, and could lead to higher hospitalization and death. Cases of the variant identified in the United Kingdom, South Africa and Brazil 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 UK, South Africa, Brazil, and other countries, there is a strong rationale to require that travellers to Canada should test for COVID-19 before and upon arrival in Canada and should, with few exceptions, quarantine immediately upon arrival until they receive a negative test result 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 197 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 that all travellers to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding a flight. The United States is also actively exploring additional measures to be implemented at the land borders.

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.

Between February 3, 2020, and January 20, 2021, the Governor in Council has made 42 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. Canada has seen an 85.7% decrease in international arrivals, from December 2019 to December 2020 and an 85.2% decrease in the number of travellers from the United States for the same period. By limiting incoming travel to Canada, requiring mandatory quarantine for asymptomatic travellers (with some exceptions) and mandatory isolation for symptomatic travellers, the number of travel-related COVID-19 cases in January 2021 was a fraction of the imported cases seen in March 2020. Despite this, the reported rate of imported cases per 100 000 arriving travellers has been increasing since September 2020 and was higher in January 2021 compared to any other month during the pandemic. In January 2021, close to 700 COVID-19 cases arrived on 407 inbound international flights, a record monthly high since the beginning of the pandemic.

At this time, travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19 and increases the potential for onward community transmission of COVID-19. This is because the global number of cases of COVID-19 is continuing to rise, with ongoing increases in Latin America, Europe, Asia, and the Middle East. Cases of COVID-19 in the United States are declining but also remain high.

Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as increased testing efforts, contact tracing and isolation of confirmed cases.

The WHO has warned that, in many countries, the second wave is already exceeding previous peaks. As of February 8, 2021, there were 26 547 977 detected cases in the United States, 10 826 363 detected cases in India, and 9 447 165 detected cases in Brazil. Further, new and highly contagious variants of the SARS-CoV-2 virus are being detected in countries across the globe, including the B.1.1.7 variant first reported in the United Kingdom, the B.1.351 variant first reported in South Africa, and a new variant of concern recently detected in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from India, Mexico and Europe. Domestically, the situation is improving but with recent detection of cases of the variants in Canada, this progress could be rapidly reversed if they spread internally.

Several provinces and territories have introduced lockdown measures or imposed more stringent requirements on residents to control the spread of the virus; however, many continue to warn of the potential elevated pressure on health care facilities and long-term care homes due to the variants. As of February 7, 2021, Canada's case count stood at 804 260 with 44 727 considered active cases. Given the global situation and dynamic environment presented by the pandemic, including the emergence of new variants, domestic rates can be expected to rise. In Canada, we are 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 transmission to household members or in the community. Based on current review of international experience with new variants, introducing additional measures that leverage the availability of testing technologies to further prevent the introduction and spread of COVID-19 or new variants of concern in Canada is justifiable.

The Government of Canada has been 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 entering Canada. An additional 25.8% additional positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. This affirms the need for ongoing vigilance in travellers testing negative upon entry to 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 risk of travellers introducing cases of COVID-19 into Canada as much as possible. Evidence demonstrates that pre-departure testing combined with testing all travellers upon entry and again later in the quarantine period will enable detection of the majority of persons with COVID-19 arriving in Canada. Identification of these cases will further permit genetic sequencing and the identification of novel variants of concern to support public health efforts to contain COVID-19 spread. Requiring travellers entering Canada by aircraft to reside in government-authorized accommodations until they receive their first test result will help identify and isolate those who may introduce or spread COVID-19 variants.

COVID-19 molecular testing such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (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 a new infection posing risk, but rather as a person who has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of prior infection from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time allows for the time needed to become non-infectious and thus prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada. It should be noted, however, that the quarantine requirement will still apply upon entry into Canada.

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 and transmission regardless of COVID-19 vaccination at this time. NACI states that there is insufficient evidence on the duration of the protection offered by COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19.

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, mandatory quarantine requirements, and testing protocols place significant burden on the Canadian economy, Canadians, and their immediate and extended families. Together, these measures 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 entry conditions, 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 in the country.

Implications

Key impacts for persons entering Canada

As was the case under the previous Order, every person who enters Canada must answer any relevant questions asked of them and provide any information or record required, in any manner in which it may be reasonably requested, for the purposes of administration of this Order. It is now clarified that this obligation extends to questions and information requests from peace officers. All travellers entering Canada by land and air are also generally required to provide their 14-day quarantine plan via the ArriveCan app or website. Individuals will continue to be asked to confirm that they have a suitable location in which to either isolate or quarantine. The parameters of what constitutes a suitable quarantine plan have been included in more detail in the updated Order. The updated Order specifies that persons entering Canada by aircraft must, unless exempted, submit evidence before boarding of a prepaid reservation of a 3-day stay at a government-authorized accommodation at their first port of entry. This information must be provided prior to boarding a flight and will be verified upon arrival. Generally, the accommodation must be paid for before or when that person enters Canada, by that person or another person on behalf of that person.

As before, subject to limited exceptions, air 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, or may instead present proof of a positive COVID-19 result of a test performed 14 – 90 days prior to the initial scheduled departure time. This obligation now extends to persons entering by land, and it is further specified that for land entry the negative test must have been done in the United States.

All air travellers, with limited exceptions, will be required to undergo a COVID-19 molecular test upon entry into Canada, and must remain in their government-authorized accommodation at the first port of entry until their first test result is received. Asymptomatic travellers who test negative will be permitted to leave the accommodation and travel onwards (including by public conveyance) to conclude their 14-day quarantine in accordance with their suitable quarantine plan. Travellers who test positive for COVID-19, or who become symptomatic during their stay, will be required to isolate in a designated quarantine facility for an additional 14 days.

Travellers arriving by land will also be required to undertake a COVID-19 molecular test upon entering Canada, but may travel on to their suitable place of quarantine in their vehicles. Should the test results indicate they are COVID-19 positive, they will also be required to isolate in a suitable place.

Travellers by both air and land will also be required to take a second COVID-19 molecular test later in their quarantine period, as directed by a quarantine officer, and will be required to comply with this requirement at their own expense unless the test is provided or paid for by the Government of Canada. Travellers will either be provided with or required to purchase a take-home test kit, instructions, and courier pick-up details for this purpose upon their entry into Canada. Unless expressly directed to do so, travellers will not be permitted to leave their place of quarantine until 14 days have elapsed since they entered Canada and they receive a negative second test result. If no test result is received, the result is inconclusive or the result is delayed, the traveller will be required to remain in their place of quarantine until either the test result arrives or for a further 14 days — whichever occurs first. This time extension corresponds to the last day of the incubation period (day 14) on which they could have tested positive as a result of international exposure, thereby mitigating the risk that such a traveller could transmit the virus in their community. The second test will continue to detect infections of public health significance and therefore having the results of that test prior to release from quarantine will be important for controlling viral spread. Individuals testing positive for COVID-19 from the second test will be required to isolate an additional 14 days from the date their test result was taken and collected by the courier.

To balance the need to protect Canadians from the introduction and spread of COVID-19 against the need to ensure the flow of goods, medicine, and vaccines into Canada, there will be limited exemptions to the post-entry testing requirements. These exemptions will include those persons providing essential services, as well as persons returning from essential medical treatment abroad and unaccompanied dependent children.

The Order will continue to require all persons who are required to quarantine or isolate to wear a mask upon entering Canada and while in transit to their place of quarantine or isolation, as applicable. The Order now requires persons exempt from quarantine to wear a mask even when physical distancing is achievable, and to keep a list of close contacts during their 14-day post-entry period to facilitate any required COVID-19 tracing should they become positive.

To allow travellers to comply with the new requirements, there will be a delayed implementation of some of the new provisions. For incoming air travellers, the obligation to arrange a prepaid government-authorized accommodation has been delayed until February 21, 2021. For incoming land travellers, post-entry testing protocols will also be in place for February 21, 2021. To respect international trade agreements, the government-authorized accommodation requirement will not apply to certain incoming seasonal agricultural workers until March 14, 2021, to permit alternative acceptable government-authorized arrangements to be made for their accommodations. All other new provisions are, and all existing provisions continue to be, currently in effect.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act are offences 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 causing serious harm to another person in contravening the Act, can lead to up to three years in prison and/or $1,000,000 in fines. In addition, tickets 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 Canada, Health Canada, Agriculture and Agri-Food Canada, Employment and Social Development Canada, Department of Fisheries and Oceans, Canadian Armed Forces, 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