Canada Gazette, Part I, Volume 154, Number 52: ORDERS IN COUNCIL

December 26, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-1128 December 18, 2020

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

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

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

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

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act ^{footnote a}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (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 person referred to in paragraph (a);
• (c) a child of the person or of the person’s spouse, common-law partner or the person referred to in paragraph (a) other than a dependent child;
• (d) a dependent child of the child referred to in paragraph (c);
• (e) a sibling, half-sibling or step-sibling of the person or of the person’s spouse or common-law partner; or
• (f) a grandparent of the person or of the person’s spouse or common-law partner. (membre de la famille élargie)

foreign national

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

immediate family member,

in respect of a person, means

• (a) the spouse or common-law partner of the person;
• (b) a dependent child of the person or of the person’s spouse or common-law partner;
• (c) a dependent child of the dependent child referred to in paragraph (b);
• (d) the parent or step-parent of the person or of the person’s spouse or common-law partner; or
• (e) the guardian or tutor of the person. (membre de la famille immédiate)

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 — optional or discretionary purpose

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

Non-application — immediate family member

(2) Subsection (1) does not apply to a foreign national who is an immediate family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.

Non-application — extended family member

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

• (a) intends to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days;
• (b) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed by the Canadian citizen, permanent resident or person registered as an Indian; and
• (c) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada for the purpose referred to in paragraph (a).

Prohibition — extended family member

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

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

Prohibition — other orders

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

Non-application — certain persons

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

Prohibition — claim for refugee protection

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

• (a) seeks to enter Canada at a land port of entry designated by the Minister of Public Safety and Emergency Preparedness under section 26 of the Immigration and Refugee Protection Regulations and
  • (i) is a claimant referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations, or
  • (ii) is a citizen of the United States; or
• (b) is a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration, is in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.

Non-application — certain persons

(2) Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in paragraph 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:

• (a) a citizen of the United States;
• (b) a stateless habitual resident of the United States; or
• (c) a person who
  • (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian within the meaning of the Immigration and Refugee Protection Regulations,
  • (ii) has neither a spouse nor a common-law partner within the meaning of those Regulations, and
  • (iii) has neither a mother or father nor a legal guardian within the meaning of those Regulations in the United States.

Prohibition — international students

5.1 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of attending an institution other than a listed institution.

Prohibition — listed institution

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

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

Listed institution

(2) For the purposes of subsections (1) and (1.1), a listed institution is an institution that is

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

Non-application — compassionate grounds

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

• (a) the Minister of Health
  • (i) determines that the foreign national intends to enter Canada in order to engage in one of the following activities:
    • (A) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident or protected person, or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner,
    • (B) to provide care for a Canadian citizen, permanent resident, temporary resident or protected person, or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support, or
    • (C) to attend a funeral or end-of-life ceremony,
  • (ii) in the case where a foreign national is, based on the purpose of entry and the length of their stay, unable to comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act,
    • (A) has not received written notice from the government of the province where the activity referred to in subparagraph (i) will take place indicating that that government opposes the non-application of subsection 3(1), section 3.1 and subsection 4(1) to persons who engage in such an activity in that province and who are unable to comply with the applicable requirement to quarantine under any order made under section 58 of the Quarantine Act, and
    • (B) if the foreign national intends to engage in the activity referred to in subparagraph (i) in a location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the foreign national at that location in order to engage in that activity; or
• (b) the foreign national has obtained a limited release from quarantine on compassionate grounds under an order with respect to mandatory isolation or quarantine made under section 58 of the Quarantine Act for the activity referred to in subparagraph (a)(i).

Non-application — sports

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

Letter of authorization

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

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

Cancellation or withdrawal of support

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

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

Non-application — order

6 This Order does not apply to

• (a) a person registered as an Indian under the Indian Act;
• (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health;
• (c) a protected person; or
• (d) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and
  • (i) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law, or
  • (ii) in the case of an aircraft, the conveyance did not land while in Canada.

Powers and obligations

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

Repeal

8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) ^{footnote 1} is repealed.

Effective period

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

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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

The Order repeals and replaces Order in Council P.C. 2020-968 of the same name, which came into force on November 29, 2020.

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

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

Objective

This Order extends the effective date of the previous Order restricting entry into Canada from the United States.

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

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 in some situations, through aerosols, created when an infected person coughs, sneezes, sings, shouts, or talks. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

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.

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 November 29, 2020, the Governor in Council has made 37 emergency orders under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce risks from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada.

Together, these measures have been effective. By limiting incoming travel to Canada, requiring mandatory quarantine for asymptomatic travellers (with some exceptions) and mandatory isolation for symptomatic travellers, the Government of Canada has reduced the proportion of travel-related COVID-19 infections from greater than 20% in March to less than 3% in all months since April 2020. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

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

At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. Canada continues to have a Level 3 travel health notice for all countries, including the United States, advising Canadians to avoid non-essential travel outside Canada. This is because the global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Europe, Asia and the Middle East. The number of cases of COVID-19 in the United States also remain high.

The WHO has warned that in many countries, the second wave is already exceeding previous peaks. As of December 6, 2020, there were 14 583 566 detected cases in the United States, 9 644 222 detected cases in India, and 6 577 177 detected cases in Brazil. Domestically, the situation also continues to worsen. For the week of November 22, 2020, an average of 5 591 cases was being reported daily, an increase of 13% from the previous week. Several provinces and territories are reintroducing significant lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes. As of December 6, 2020, Canada’s case number stood at 415 182, with 73 379 considered active cases. In October 2020, of the travel-related cases identified in Canada for which a country of origin is identified, 38% of cases were attributed to travellers from the United States. Data current to December 6, 2020, shows the United States reporting the highest number of confirmed cases and deaths of all reporting countries. 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.

Adequate scientific support for the role of laboratory testing as part of a multilayered approach to reduce the risk of importation or to ease quarantine measures is not yet available. To reduce the risk of importation, many countries have begun accepting negative test results prior to entry or arrival, or have introduced rapid testing measures for travellers arriving at airports. As of September 30, some U.S. airlines announced plans to begin pre-flight testing at a cost (US$80-US$250) to passengers. Further study of such airport testing measures is required to determine how effectively they limit importation and subsequent community transmission. The Government of Canada is working with provincial governments and industry stakeholders to gather data on testing travellers before, at and beyond the border through pilot programs. A recent study with McMaster HealthLabs, supported by the federal government and in partnership with Air Canada and the Greater Toronto Airports Authority, tested 8 600 travellers who arrived at Pearson International Airport between September 3, 2020, and October 2, 2020; they were also given follow-up tests over the next two weeks. Interim results show that while 99% of travellers tested negative for COVID-19, 1% were found to be positive, with 68.5% of cases detected on the first day, 25.8% on day 7 and 5.6% on day 14. Data gleaned from this and other pilot programs will inform future approaches to border measures.

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

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 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 is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

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

Contact

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