Canada Gazette, Part I, Volume 155, Number 3: ORDERS IN COUNCIL

January 16, 2021

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. 2021-1 January 6, 2021

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

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

Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada or new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;

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

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act^{footnote a}, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (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.

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, as the case may be, carried out by an accredited laboratory, including a test carried out by the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire pour la COVID-19)

dependent child

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

international single sport event

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

isolation

means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who have signs and symptoms of COVID-19 or who know that they have COVID-19, in such a manner as to prevent the spread of the disease. (isolement)

permanent resident

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

protected person

means a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)

quarantine

means the separation of persons in such a manner as to prevent the possible spread of disease. (quarantaine)

quarantine facility

means a place that is designated under section 7 of the Quarantine Act or that is deemed to be designated under subsection 8(2) of that Act, and that is chosen by the Chief Public Health Officer. (installation de quarantaine)

signs and symptoms of COVID-19

include a fever and a cough or a fever and difficulty breathing. (signes et symptômes de la COVID-19)

temporary resident

means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

vulnerable person

means a person who

• (a) has an underlying medical condition that makes the person susceptible to complications relating to COVID-19;
• (b) has a compromised immune system from a medical condition or treatment; or
• (c) is 65 years of age or older. (personne vulnérable)

Application

Non-application

1.01 This Order does not apply to a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and

• (a) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law; or
• (b) in the case of an aircraft, the conveyance did not land while in Canada.

Requirements Before or When Entering Canada

Entering by means other than aircraft – quarantine plan

1.1 (1) Subject to subsection (2), every person must, before or when entering Canada by a mode of transport other than an aircraft, provide to the Minister of Health a quarantine plan that includes, among other things, the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which they enter Canada and their contact information for that period.

Exception

(2) Instead of providing the quarantine plan, every person referred to in section 6 or subsection 7.2(1) must, before or when entering Canada by a mode of transport other than an aircraft, provide their contact information for the 14-day period that begins on the day on which they enter Canada to the Minister of Health.

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

(3) Subject to subsection (4), every person who enters Canada by aircraft must meet the following requirements:

• (a) before boarding the aircraft for the flight to Canada, they must:
  • (i) if the person is five years of age or older, provide to the aircraft operator evidence containing the following elements that they received a negative result for a COVID-19 molecular test that was performed on a specimen that was collected no more than 72 hours, or no more than another period under any other provision of the Aeronautics Act, before the aircraft's initial scheduled departure time:
    • (A) the person's name and date of birth,
    • (B) the name and civic address of the laboratory that administered the test,
    • (C) the date the specimen was collected and the test method used, and
    • (D) the test results,
  • (ii) provide to the Minister of Health a quarantine plan that includes, among other things, the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which they enter Canada and their contact information for that period, and
  • (iii) provide the quarantine plan by electronic means specified by the Minister of Health, unless they are in a class of persons who, as determined by the Minister of Health, are unable to submit their quarantine plans by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the quarantine plan may be provided in a form and manner and at a time specified by the Minister of Health; and
• (b) they must retain the evidence referred to in subparagraph (a)(i) for the 14-day period that begins on the day on which they enter Canada.

Exception — COVID-19 molecular test

(4) Subparagraph (3)(a)(i) does not apply to

• (a) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who enters Canada only to become such a crew member;
• (b) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations who is re-entering Canada after having left to participate in mandatory training in relation to the operation of a conveyance, and who is required by their employer to return to work as a member of a crew on a conveyance within the 14-day period that begins on the day on which they return to Canada;
• (c) a person or any person in a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, if the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19;
• (d) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services;
• (e) an emergency service provider, including a firefighter, peace officer, or paramedic, who returns to Canada after providing emergency services in a foreign country and who is required to provide their services within the 14-day period that begins on the day on which they return Canada;
• (f) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Health, is in the national interest, if the person complies with any conditions imposed on them by that Minister to minimize the risk of introduction or spread of COVID-19;
• (g) an official of the Government of Canada or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer, or correctional officer, who is escorting individuals travelling to Canada or from Canada pursuant to a legal process such as the deportation, extradition or international transfer of an offender; or
• (h) an official of the Government of Canada, the government of a province or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who
  • (i) enters Canada for the purposes of border, immigration or law enforcement, or national security activities, that support active investigations, ensure the continuity of enforcement operations or activities, or enable the transfer of information or evidence pursuant to or in support of a legal process, and
  • (ii) is required to provide their services within the 14-day period that begins on the day on which they enter Canada.

Exception — quarantine plan

(5) Instead of providing the quarantine plan referred to in subparagraph (3)(a)(ii), every person referred to in section 6 or subsection 7.2(1) must, before boarding an aircraft for a flight to Canada, meet the following requirements:

• (a) they must provide their contact information for the 14-day period that begins on the day on which they enter Canada to the Minister of Health; and
• (b) they must provide the contact information by electronic means specified by the Minister of Health, unless they are in a class of persons who, as determined by the Minister of Health, are unable to submit their contact information by electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the contact information may be provided in a form and manner and at a time specified by the Minister of Health.

Persons in transit

(6) Subsections (3) and (5) do not apply to a person who plans to arrive at a Canadian airport aboard an aircraft in order to transit to a country other than Canada and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada.

Persons Entering Canada

Requirements — questions and information

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

• (a) answer any relevant questions asked by a screening officer, quarantine officer or public health official designated under section 2.1, or asked on behalf of the Chief Public Health Officer, for the purposes of the administration of this Order;
• (b) provide to an officer or official referred to in paragraph (a) or the Chief Public Health Officer any information or record in the person's possession that the officer, official or Chief Public Health Officer requires, in any manner that the officer, official or Chief Public Health Officer may reasonably request, for the purposes of the administration of this Order; and
• (c) provide, upon request, the evidence referred to in subparagraph 1.1(3)(a)(i) to any official of the Government of Canada or of the government of a province or to the local public health authority of the place where the person is located.

Designation

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

Mask

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

• (a) while they are entering Canada; and
• (b) while they are in transit to a place of quarantine or isolation, a health care facility or their place of departure from Canada, unless they are alone in a private vehicle.

Persons not subject to quarantine

(2) Every person who enters Canada and who, by virtue of section 6 or subsections 7.1(1) or 7.2(1), is not required to enter or remain in quarantine must, during the 14-day period that begins on the day on which they enter Canada, if they are in public settings where physical distancing cannot be maintained, wear a non-medical mask that a screening officer or quarantine officer considers suitable to minimize the risk of introducing or spreading COVID-19.

Non-application

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

Asymptomatic Persons

Requirements — asymptomatic persons

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

• (a) quarantine themselves without delay in accordance with instructions provided by a screening officer or quarantine officer and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada, in a place
  • (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer considers relevant,
  • (ii) where they will not be in contact with vulnerable persons, unless the vulnerable person is a consenting adult or is the parent or dependent child in a parent-dependent child relationship, and
  • (iii) where they will have access to the necessities of life without leaving quarantine;
• (b) within 48 hours after entering Canada, report their arrival at, and the civic address of, their place of quarantine by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health; and
• (c) subject to subsection (2), until the end of that 14-day period
  • (i) monitor for signs and symptoms of COVID-19,
  • (ii) report daily on their health status relating to signs and symptoms of COVID-19 by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health, and
  • (iii) in the event that they develop signs and symptoms of COVID-19 or test positive for COVID-19 under any type of COVID-19 test, follow instructions provided by the public health authority specified by a screening officer or quarantine officer.

Period begins again

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

Cessation — daily reporting

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

Unable to quarantine themselves

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

• (a) the person has not provided the evidence referred to in subparagraph 1.1(3)(a)(i); or
• (b) the person cannot quarantine themselves in accordance with paragraph 3(1)(a).

Requirements — quarantine at quarantine facility

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

• (a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility or transferring them between quarantine facilities;
• (b) as the case may be,
  • (i) enter into quarantine without delay at the quarantine facility in accordance with instructions provided by a screening officer or quarantine officer and remain in quarantine at the facility or at any other quarantine facility to which they are subsequently transferred until the expiry of that 14-day period, or
  • (ii) enter into quarantine without delay at any other place that the quarantine officer considers suitable in accordance with instructions provided by the quarantine officer and remain in quarantine at the place or at any other place to which they are subsequently transferred until the expiry of that 14-day period;
• (c) in the case of a person who is considered unable to quarantine themselves within 48 hours after entering Canada, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of quarantine under paragraph 3(1)(b);
• (d) subject to subsection (3), until the end of that 14-day period,
  • (i) monitor for signs and symptoms of COVID-19,
  • (ii) report daily to a screening officer or quarantine officer at the quarantine facility on their health status relating to signs and symptoms of COVID-19, and
  • (iii) in the event that they develop signs and symptoms of COVID-19 or test positive for COVID-19 under any type of COVID-19 test, follow instructions provided by the public health authority specified by a screening officer or quarantine officer; and
• (e) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires.

Change of place

(3) A person referred to in subsection (2) may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to quarantine themselves at a place that meets the conditions set out in subparagraphs 3(1)(a)(i) to (iii), and, if applicable, must meet the requirements set out in paragraphs 3(1)(b) and (c).

Period begins again

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

Cessation — daily reporting

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

Choice of quarantine facility

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

• (a) the risk to public health posed by COVID-19;
• (b) the feasibility of controlling access to the quarantine facility;
• (c) the capacity of the quarantine facility;
• (d) the feasibility of quarantining persons at the facility;
• (e) the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada; and
• (f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — requirement to quarantine

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

• (a) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who enters Canada only to become such a crew member;
• (b) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who enters Canada only to become such a member of a crew;
• (c) a person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
• (d) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing their duties as a member of either of those forces;
• (e) a person or any person in a class of persons who, as determined by the Chief Public Health Officer, will provide an essential service, if the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19;
• (f) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest, if the person complies with any conditions imposed on them by the relevant Minister to minimize the risk of introduction or spread of COVID-19;
• (g) a person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services;
• (h) a person who enters Canada for the purpose of providing medical care, transporting essential medical equipment, supplies or means of treatment, or delivering, maintaining or repairing medically necessary equipment or devices, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada;
• (i) a person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19;
• (j) a person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of performing their duties as a student in the health field, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada;
• (k) a licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a licensed health care practitioner, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the licensed practitioner enters Canada;
• (l) a person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada aboard a Canadian fishing vessel or a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning the vessel and exchange of crew;
• (m) a habitual resident of an integrated trans-border community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out an everyday function within that community;
• (n) a person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States;
• (o) a person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by the government of a province, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, if the person remains on board the vessel;
• (p) a student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that listed institution is located have indicated to the Public Health Agency of Canada that the listed institution is approved to accommodate students who are excepted from paragraph 3(1)(a) and section 4;
• (q) a driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in paragraph (p) or to pick the student up from that institution, if the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from that institution and they wear a non-medical mask while outside the conveyance;
• (r) a student who is enrolled at an educational institution in the United States, who attends that educational institution regularly and who enters Canada to return to their habitual place of residence after attending that educational institution;
• (s) a driver of a conveyance who enters Canada after dropping off or picking up a student at or from an institution referred to in paragraph (r) where that student is enrolled, and who enters Canada to return to their habitual place of residence after dropping off or picking up that student, if the driver left the conveyance while outside Canada, if at all, only to escort the student to or from the institution and they wore a non-medical mask while outside the conveyance;
• (t) a dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting;
• (u) a driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver leaves the conveyance while in Canada, if at all, only to escort the dependent child to or from the conveyance and they wear a non-medical mask while outside the conveyance;
• (v) a driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver left the conveyance while outside Canada, if at all, only to escort the dependent child to or from the conveyance and they wore a non-medical mask while outside the conveyance;
• (w) a habitual resident of the remote communities of Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access necessities of life from the closest Canadian community where such necessities of life are available;
• (x) a habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access necessities of life from the closest American community where such necessities of life are available; or
• (y) a person who enters Canada in a conveyance at a land border crossing in the following circumstances, if the person and all other persons in the conveyance, if any, remained in the conveyance while outside Canada:
  • (i) the person was denied entry into the United States at the land border crossing, or
  • (ii) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing.

Consultation with Minister of Health

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

Non-application — persons participating in projects

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

Non-application — medical reason

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

• (a) during any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, in the case where the person is in a quarantine facility, is outside that quarantine facility; or
• (b) during the time necessary to enable the person to undergo a COVID-19 molecular test.

Non-application — accompanying person

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

Non-application — other cases

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

• (a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements;
• (b) those requirements are inconsistent with another requirement imposed on them under the Quarantine Act; or
• (c) the Chief Public Health Officer determines that the person or the class of persons that the person is in does not pose a risk of significant harm to public health, and the person complies with any conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19.

Non-application — compassionate grounds

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

• (a) determines that the person does not intend to quarantine themselves or to remain in quarantine, as the case may be, in order to engage in one of the following activities:
  • (i) to attend to the death of or provide support to a Canadian citizen, permanent resident, temporary resident or protected person, or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed to be critically ill by a licensed health care practitioner,
  • (ii) to provide care for a Canadian citizen, permanent resident, temporary resident or protected person, or person registered as an Indian under the Indian Act, who is residing in Canada and who is deemed by a licensed health care practitioner to have a medical reason that they require support, or
  • (iii) to attend a funeral or end-of-life ceremony;
• (b) has not received written notice from the government of the province where the activity referred to in paragraph (a) will take place indicating that that government opposes the non-application of paragraph 3(1)(a) and section 4 to persons who engage in such an activity in that province; and
• (c) in the case of a person referred to in paragraph (a) who intends to engage in the activity in a location other than a public outdoor location, determines that the person in charge of the location does not object to the presence of the person referred to in paragraph (a) at that location in order to engage in that activity.

Conditions

(2) The exception in subsection (1) applies if the person

• (a) is engaging in one of the activities referred to in paragraph (1)(a); and
• (b) complies with any conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Orders made under Quarantine Act

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

Non-application — international single sport event

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

Letter of authorization

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

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

Conditions

(3) The exception in subsection (1) applies if

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

Consultation with Minister of Health

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

Exception — leaving Canada

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

Symptomatic Persons

Requirements — symptomatic persons

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

• (a) isolate themselves without delay in accordance with instructions provided by a screening officer or quarantine officer and remain in isolation until the expiry of the 14-day period that begins on the day on which the person enters Canada, in a place
  • (i) that is considered suitable by the Chief Public Health Officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer considers relevant,
  • (ii) where they will not be in contact with vulnerable persons, unless the vulnerable person is a consenting adult or is the parent or dependent child in a parent-dependent child relationship, and
  • (iii) where they will have access to the necessities of life without leaving isolation;
• (b) within 48 hours after entering Canada, report their arrival at, and the civic address of, their place of isolation by electronic means specified by the Minister of Health or by telephone using a number specified by the Minister of Health; and
• (c) during that 14-day period, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and report to the public health authority specified by a screening officer or quarantine officer if they require additional medical care.

Unable to isolate themselves

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

• (a) the person has not provided the evidence referred to in subparagraph 1.1(3)(a)(i);
• (b) it is necessary for the person to use a public means of transportation, including aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will isolate themselves; or
• (c) the person cannot isolate themselves in accordance with paragraph 9(a).

Requirements — isolation at quarantine facility

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

• (a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility, or transferring them between quarantine facilities;
• (b) as the case may be,
  • (i) enter into isolation without delay at the quarantine facility in accordance with instructions provided by a screening officer or quarantine officer and remain in isolation at the facility or at any other quarantine facility to which they are subsequently transferred until the expiry of that 14-day period, or
  • (ii) enter into isolation without delay at any other place that the quarantine officer considers suitable in accordance with instructions provided by the quarantine officer and remain in isolation at the place or at any other place to which they are subsequently transferred until the expiry of that 14-day period;
• (c) in the case of a person who is considered unable to isolate themselves within 48 hours after entering Canada, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of isolation under paragraph 9(b); and
• (d) until the expiry of that 14-day period, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and, if they require additional medical care, report to the public health authority specified by a screening officer or quarantine officer.

Change of place

(3) A person referred to in subsection (2) may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period in order to isolate themselves at a place that meets the conditions set out in subparagraphs 9(a)(i) to (iii), and, if applicable, must meet the requirements set out in paragraphs 9(b) and (c).

Choice of quarantine facility

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

• (a) the risk to public health posed by COVID-19;
• (b) the feasibility of controlling access to the quarantine facility;
• (c) the capacity of the quarantine facility;
• (d) the feasibility of isolating persons at the quarantine facility;
• (e) the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada; and
• (f) any other factor that the Chief Public Health Officer considers relevant.

Non-application — medical reason

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

• (a) during any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, in the case where the person is in a quarantine facility, is outside that quarantine facility; and
• (b) during the time necessary to enable the person to undergo a COVID-19 molecular test.

Non-application — accompanying person

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

Non-application — other cases

(2) The requirements set out sections 9 and 10 do not apply to a person if

• (a) the person becomes the subject of a provincial or local public health order that is inconsistent with those requirements; or
• (b) the requirements are inconsistent with another requirement imposed on them under the Quarantine Act.

Exception — leaving Canada

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

Powers and Obligations

Powers and obligations

14 For greater certainty,

• (a) this Order does not affect any of the powers and obligations set out in the Quarantine Act;
• (b) this Order may be administered and enforced using electronic means; and
• (c) the instructions to be followed under paragraphs 3(1)(a) and (b) and 9(a) include instructions that are provided after the time of entry into Canada.

Transitional Provisions

Evidence of COVID-19 molecular test not required

15 (1) Subparagraph 1.1(3)(a)(i) does not apply to

• (a) a person who is on board an aircraft for a flight to Canada at the time that this Order comes into force; or
• (b) a person who is not required to receive a negative result for a COVID-19 molecular test under the Aeronautics Act before boarding an aircraft for a flight to Canada.

Quarantine or isolation

(2) Paragraphs 4(1)(a) and 10(1)(a) do not apply to a person referred to in subsection (1).

Cessation of Effect

January 21, 2021

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

Repeal

Repeal of P.C. 2020-967

17 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 8^{footnote 1} is repealed.

Coming into Force

Day order is made

18 This Order comes into force at 11:59:59 p.m. Eastern Standard Time on January 6, 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 Order in Council P.C. 2020-967 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 8, which came into force on November 29, 2020.

This Order complements the Orders in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States) and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) and the Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 18.

This Order will be in effect from 11:59:59 p.m., Eastern standard time, on January 6, 2021, until 11:59:59 p.m., Eastern standard time, January 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 maintains the previous requirements that all persons who enter Canada, whether by air, land, rail or sea, are required to answer questions to determine if they have signs or symptoms of COVID-19, and, with limited exceptions, quarantine or isolate for 14 days from the day upon which they entered Canada.

This updated Order generally requires travellers (five years of age and older) from any country who intend to enter Canada by air to provide proof of a current negative COVID-19 molecular test taken within 72 hours before the aircraft's initial scheduled departure time, with limited exceptions (e.g. crew members, persons deemed by the Chief Public Health Officer to be providing essential services, persons whose presence in Canada is determined by the Minister of Health to be in the national interest, those who are permitted to provide such evidence within another period of time under any other provision of the Aeronautics Act). Travellers will continue to be required to isolate if they are symptomatic and quarantine if they are asymptomatic for 14 days beginning on the day they enter Canada (subject to extension), with limited exceptions. Travellers arriving by air who are required to provide proof of a current negative COVID-19 molecular test and who do not provide this evidence must quarantine for 14 days at a designated federal facility near the port of entry, or at an alternate site deemed appropriate by a quarantine officer.

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 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 continues to evolve. Assuming the continued supply of safe and effective vaccines, it is expected there will be enough vaccines to immunize everyone for whom vaccines are approved and recommended. It is anticipated that this will be accomplished by September 2021.

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

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

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

Government of Canada response to COVID-19 pandemic

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

Between February 3, 2020, and December 12, 2020, the Governor in Council has made 38 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. The number of travellers to Canada from overseas (countries other than the United States) was down 95.2% from October 2019 to October 2020, and down 93.9% from the United States for the same period. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

On December 21, 2020, a Transport Canada notice to airmen (NOTAM) suspended all commercial and private passenger flights from the United Kingdom from entry into Canada for 72 hours. This suspension has since been extended until January 6, 2021. Passengers who arrived in Canada from the United Kingdom on December 20, 2020, were subject to secondary screening and enhanced measures, including increased scrutiny of quarantine plans. All travellers who have recently been in the United Kingdom or South Africa are now also subject to secondary screening and enhanced public health measures.

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

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

The WHO has warned that in many countries, the second wave is already exceeding previous peaks. As of December 29, 2020, there were 18 972 813 detected cases in the United States, 10 224 303 detected cases in India, and 7 484 285 detected cases in Brazil. Canada has seen recent travel-related cases resulting from incoming travellers from India, Mexico and Europe. Domestically, the situation also continues to worsen. Several of the 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 30, 2020, Canada's case count stood at 572 982, with 72 927 considered active cases. Based on current review of international experience, introducing new measures to further prevent the introduction and spread of COVID-19 and new variants of the virus in Canada are justifiable.

The Government of Canada is working with provincial governments and industry stakeholders to gather data on testing travellers entering Canada at select airport and border crossings through pilot programs. These pilot programs have demonstrated that the incoming disease burden of COVID-19 is approximately 1%, meaning that at least one person on every flight with 100 passengers to Canada has SARS-CoV-2, the virus responsible for COVID-19. The pilots have also demonstrated that approximately 68.5% of positive cases are positive upon arrival and would be targeted by pre-departure screening prior to entering Canada. An additional 25.8% additional positive cases were identified on 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.

Given the global situation and dynamic environment presented by the pandemic, including the emergence of new variants, this rate 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 infections to household members or in the community. If travellers are to continue to enter Canada, it is important to reduce the disease burden in traveller cohorts as much as possible before they arrive or get on the flight with other travellers. Evidence demonstrates that implementation of pre-departure COVID-19 molecular testing will reduce COVID-19 importation, related health care system demands, and secondary infections, compared to no pre-test options. Based on modelling done at the Public Health Agency of Canada (PHAC), pre-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. Many countries around the world are requiring a pre-departure test as a condition of entry. In order to reduce the risk of importation of COVID-19 into Canada, pre-departure testing offers an additional layer of protection along with our existing quarantine activities.

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

Implications

Key impacts for persons entering Canada

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

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

This updated Order generally requires travellers (five years of age and older) from any country who intend to enter Canada by air to provide proof of a current negative COVID-19 molecular test taken within 72 hours before the aircraft's initial scheduled departure time, with limited exceptions (e.g. crew members, persons deemed by the Chief Public Health Officer to be providing essential services, persons whose presence in Canada is determined by the Minister of Health to be in the national interest, those who are permitted to provide such evidence within another period of time under any other provision of the Aeronautics Act). Travellers will continue to be required to isolate if they are symptomatic and quarantine if they are asymptomatic for 14 days beginning on the day they enter Canada (subject to extension), with limited exceptions. Travellers arriving by air who are required to provide proof of a current negative COVID-19 molecular test and who do not provide this evidence must quarantine for 14 days at a designated federal facility near the port of entry, or at an alternate site deemed appropriate by a quarantine officer.

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 $750,000 and/or imprisonment for not more than six months, or both. In addition, fines of up to $1,000 may also be issued for non-compliance pursuant to the Contraventions Act.

Consultation

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

Contact

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