Canada Gazette, Part I, Volume 155, Number 49: ORDERS IN COUNCIL

December 4, 2021

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. 2021-962 November 20, 2021

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

Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;

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

And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine 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

Definitions

1 The following definitions apply in this Order.

Canadian Forces
means the armed forces of Her Majesty raised by Canada. (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, other than a dependent child, of the person, of the person’s spouse, of the person’s common-law partner or of the individual referred to in paragraph (a);
  • (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)
fully vaccinated person
has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)
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 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 that sport. (événement unisport international)
permanent resident of Canada
has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
protected person
has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
Quarantine Order
means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)
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)

Prohibitions

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 exhibit 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 — evacuated foreign national

(2.01) Subsection (2) does not apply to a foreign national or any foreign national in a class of persons who enters Canada on board a conveyance organized by the Government of Canada and is authorized by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration and the Minister of Health to be evacuated from a country and who, as determined by the Minister of Foreign Affairs or the Minister of Citizenship and Immigration, is in exigent circumstances and suffering hardship, if the person complies with the conditions that the Minister of Health may impose to minimize the risk of introduction or spread of COVID-19.

Non-application — crew member

(2.02) Subsection (2) does not apply to a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations who enters Canada on board a conveyance organized by the Government of Canada that transports a foreign national referred to in subsection (2.01).

COVID-19 molecular test

(2.03) A foreign national five years of age or older is prohibited from entering Canada from any country other than the United States if they do not comply with the applicable requirement under the Quarantine Order to provide evidence that they received a COVID-19 molecular test result.

Prohibition — requirement to quarantine

(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 anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.

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 — certain persons

(4) Subsection (3) does not apply to

Non-application — fully vaccinated person

(5) Section 2 and subsection (3) do not apply to a person who

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 — international single sport event

3.2 (1) Section 2 and subsection 3(3) do not apply to a foreign national who is authorized by a letter of authorization issued under subsection (2) to enter 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 that Deputy Minister considers it appropriate, issue a letter of authorization to enter Canada after receiving, from the individual or entity responsible for the 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:

Application

Non-application — Order

4 This Order does not apply to

Powers and Obligations

Powers and obligations

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

Amendments to this Order, Cessation of Effect, Repeal and Coming into Force

Amendments to this Order

6 Sections 1 to 5 of this Order are replaced by the following:

Definitions

Definitions

1 The following definitions apply in this Order.

Canadian Forces
means the armed forces of Her Majesty raised by Canada. (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) a sibling, half-sibling or step-sibling of the person; or
  • (b) a grandparent of the person. (membre de la famille élargie)
foreign national
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
fully vaccinated person
has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)
immediate family member,
in respect of a person, means
  • (a) the spouse or common-law partner of the person;
  • (b) a dependent child of the person or of the person’s spouse or common-law partner;
  • (c) a dependent child of the dependent child referred to in paragraph (b);
  • (d) the parent or step-parent of the person or of the person’s spouse or common-law partner; or
  • (e) the guardian or tutor of the person. (membre de la famille immédiate)
permanent resident of Canada
has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
protected person
has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
Quarantine Order
means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)
temporary resident
means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

Prohibitions

Signs and symptoms

2 A foreign national is prohibited from entering Canada from any country other than the United States if

Pre-arrival COVID-19 molecular test

3 A foreign national who is five years of age or older is prohibited from entering Canada from any country other than the United States if they do not comply with the applicable requirement under the Quarantine Order to provide evidence that they received a COVID-19 molecular test result.

Non-application — evacuated foreign national

4 (1) Sections 2 and 3 do not apply to a foreign national or any foreign national in a class of persons who enters Canada on board a conveyance organized by the Government of Canada and is authorized by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration and the Minister of Health to be evacuated from a country and who, as determined by the Minister of Foreign Affairs or the Minister of Citizenship and Immigration, is in exigent circumstances and suffering hardship, if the person complies with the conditions that the Minister of Health may impose to minimize the risk of introduction or spread of COVID-19.

Non-application — crew member

(2) Sections 2 and 3 do not apply to a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations who enters Canada on board a conveyance organized by the Government of Canada that transports a foreign national referred to in subsection (1).

Quarantine

5 A foreign national who is not a fully vaccinated person is prohibited from entering Canada from any country other than the United States if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.

Vaccination

6 (1) A foreign national is prohibited from entering Canada from any country other than the United States unless they are a fully vaccinated person and they comply with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination.

Non-application — less than 18 years of age

(2) Subsection (1) does not apply to a foreign national who is less than 18 years of age if they

Listed institution

(3) For the purposes of paragraph (2)(d), a listed institution is an institution that is

Non-application — dependent adults

(4) Subsection (1) does not apply to a foreign national who is 18 years of age or older if they are dependent on one or more other persons for care or support by reason of mental or physical limitation and they seek to enter Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor

Non-application — other persons

(5) Subsection (1) does not apply to a foreign national if they are

Non-application — compassionate grounds

(6) Subsection (1) does not apply to a foreign national if the Minister of Health determines that they seek to engage in one of the following activities:

Non-application — contraindications

7 Subsection 6(1) does not apply to a foreign national who is not a fully vaccinated person if they have a contraindication to a COVID-19 vaccine dosage regimen, within the meaning of the Quarantine Order, and they comply with the requirement under that Order to provide evidence confirming that fact.

Application

Non-application

8 This Order does not apply to

Powers and Obligations

Powers and obligations

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

7 The Order is amended by adding, after section 9, the schedule set out in the schedule to this Order.

Cessation of Effect

January 31, 2022

8 This Order ceases to have effect at 00:01:00 Eastern Standard Time on January 31, 2022.

Repeal

9 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States)footnote 1 is repealed.

Coming into Force

November 21, 2021

10 (1) Subject to subsection (2), this Order comes into force at 00:01:00 Eastern Standard Time on November 21, 2021.

January 15, 2022

(2) Sections 6 and 7 of this Order come into force at 00:01:00 Eastern Standard Time on January 15, 2022.

SCHEDULE

(Section 7)

SCHEDULE

(Paragraph 6(4)(g))

Occupational Categories
Item

Column 1

Unit Group

Column 2

National Occupational Classification Code
1 Managers in agriculture 0821
2 Managers in horticulture 0822
3 Butchers, meat cutters and fishmongers — retail and wholesale 6331
4 Agricultural service contractors, farm supervisors and specialized livestock workers 8252
5 Contractors and supervisors, landscaping, grounds maintenance and horticulture services 8255
6 General farm workers 8431
7 Nursery and greenhouse workers 8432
8 Harvesting labourers 8611
9 Process control and machine operators, food, beverage and associated products processing 9461
10 Industrial butchers and meat cutters, poultry preparers and related workers 9462
11 Fish and seafood plant workers 9463
12 Labourers in food and beverage processing 9617
13 Labourers in fish and seafood processing 9618

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.

In effect, the Order repeals and replaces Order in Council P.C. 2021-903 of the same name, which came into force on September 15, 2021.

The new Order is complemented by the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) [the Quarantine Order] made under the Quarantine Act, which imposes testing, isolation, quarantine, and other requirements to prevent the introduction or spread of COVID-19, and also by domestic travel-related measures.

Except for the provisions of this Order that will come into force at 00:01:00 EST, January 15, 2022, as detailed under the “Implications” section, this Order will be in effect from 00:01:00 EST on November 21, 2021, until 00:01:00 EST on January 31, 2022.

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 continues to prohibit foreign nationals from entering Canada from any country other than the United States 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.

This Order amends some of the entry requirements for foreign nationals, based on vaccination status. All changes under the Order are described under the “Implications” section. The new Order extends the duration of the measures until January 31, 2022.

Background

COVID-19

COVID-19 is caused by a novel coronavirus capable of causing severe illness, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although 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), SARS-CoV-2 is more contagious than SARS-CoV and MERS-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 two years.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through respiratory droplets and aerosols when an infected person breathes, 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 in some circumstances.

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 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 a median of 5 to 6 days. The time period in which an individual with COVID-19 can transmit the virus is said to be at a maximum of 10 days after symptom onset for immunocompetent people who have COVID-19.

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 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. Since September 2020, multiple countries have detected SARSCoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus causing COVID-19, which are more transmissible, has further worsened the negative health impacts of COVID-19.

Testing

Testing capabilities have advanced significantly over the past several months. 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 arriving by air to the United States have evidence of a negative pre-departure molecular or antigen test no more than three days prior to boarding a flight to the United States for fully vaccinated travellers, and no more than one day prior to boarding for unvaccinated travellers.

COVID-19 molecular testing, such as polymerase chain reaction (PCR) tests and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests, has a higher sensitivity for detecting COVID-19 over the duration of infection, and it is also able to detect most symptomatic and asymptomatic infections. 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.

Individuals infected with COVID-19 may become infectious within 1 to 4 days (median of 2 days) following their day of exposure (irrespective of symptom onset). A pre-departure COVID-19 molecular test for a round trip originating in Canada that is less than 72 hours would most likely detect a COVID-19 exposure that occurred in Canada. If a traveller is exposed to COVID-19 on a short trip, a pre-departure test may not be able to detect the virus. In light of this evidence, and the generally lower risk posed by fully vaccinated travellers, the Government is making changes in the Quarantine Order to the rules for pre-departure testing for fully vaccinated travellers taking short trips and returning to Canada. In keeping with a gradual approach to easing border measures and to monitor the impact of this change on public health, for the time being this exemption will be limited to Canadian citizens, permanent residents of Canada, or persons registered as an Indian under the Indian Act.

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 180 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals, for tests performed up to 180 days prior, should not be considered as evidence of a new infection posing risk, but rather that a person 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. Requiring that prior positive test results be obtained no sooner than 10 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious, thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.

Vaccination

Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. The COVID-19 vaccines are very effective at preventing severe illness, hospitalization and death from COVID-19. They also decrease symptomatic and asymptomatic infection, including against the Delta variant, and they will also decrease SARS-CoV-2 transmission, although this effectiveness varies depending on the COVID-19 vaccine product received and may decrease with time since vaccination. Evidence from COVID-19 border testing for the July to October 2021 period indicated that unvaccinated travellers are five times more likely to test positive than travellers who have received a complete course of Government of Canada recognized vaccines at least 14 days prior to arrival.

Globally, 51% of the world population has received at least one dose, and 40% is fully vaccinated with a COVID-19 vaccine, as of November 9, 2021. While 65.7% of people in high-income countries have been fully vaccinated, only 4.2% of people in low-income countries have received at least one dose. Vaccine accessibility remains a challenge especially for children and adolescents. As of November 11, 2021, over 30 million Canadians (78.4% of the total population) have received at least one dose, and more than 28.6 million (74.7% of the total population) are fully vaccinated.

The Government of Canada seeks to align exemptions available for international and domestic requirements. In terms of domestic measures, on August 13, 2021, the Government of Canada announced its intent to require COVID-19 vaccination for federal employees and domestic travellers. As of October 30, the Government of Canada requires employers in the federally regulated air, rail, and marine transportation sectors to establish vaccination policies for their employees.

Also effective October 30, air passengers departing from Canadian airports, travellers on VIA Rail and Rocky Mountaineer trains, and travellers 12 years of age and older on non-essential passenger vessels on voyages of 24 hours or more, such as cruise ships, need to be vaccinated or show a valid COVID-19 molecular test within 72 hours of travel. By November 30, all domestic travellers must be fully vaccinated, with very limited exceptions to address specific situations such as emergency travel and those medically unable to be vaccinated.

Canada’s current list of accepted vaccines includes five of eight vaccines on the WHO Emergency Use Listing (EUL).

Other measures

Even at current levels of vaccination coverage, core public health and personal protective measures, such as limiting travel and contacts in public places continue to be important for managing the growth in COVID-19 cases, protecting the vulnerable, and reducing the risk of overwhelming health care capacity.

Wearing masks in public places is an effective public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.

COVID-19 situation globally

The cumulative number of COVID-19 cases reported globally is now over 250 million and the number of deaths exceeds 5 million. For the week of November 1 to 7, 2021, the global number of new cases reported was over 3.1 million, a 1% increase as compared to the previous week. The increases in transmission appear to be driven by the circulation of more transmissible variants of concern, easing of domestic public health measures coupled with increased social mixing and low global vaccine coverage.

According to the WHO weekly report, as of November 9, 2021, four of the six regions reported a decline (regions of the Americas, South-East Asia, the Western Pacific, and the Eastern Mediterranean), while the other two (Europe and Africa) reported an increase in cases over the last week. The region of Europe reported the highest increase in case reporting (+7%), with 1.9 million new cases (209 per 100 000 population), representing 63% of the cases reported in the last week.

Despite efforts to extend vaccination coverage, many countries across all six WHO regions continue to experience surges in COVID-19 cases among predominantly unvaccinated groups. As of November 9, 2021, the countries reporting the highest number of cases in the previous seven days were the United States (510 968 new cases; 3% decrease), the Russian Federation (281 305 new cases; 3% increase), the United Kingdom (252 104 new cases; 12% decrease), Turkey (197 335 new cases; 8% increase), and Germany (169 483 new cases; 29% increase).

In many countries, the spread of more contagious variants of concern have contributed to increased transmission. In the winter of 2020–2021, variants of the virus, which are more transmissible, detected in the United Kingdom, South Africa, Brazil and India have spread to many countries around the globe, including Canada and the United States. Globally, cases of the B.1.1.7 (Alpha) variant have been reported in 194 countries, territories or areas (hereafter countries); while 141 countries have reported cases of the B.1.351 (Beta) variant; 92 countries have reported cases of the P.1 (Gamma) variant; and 174 countries have reported cases of the B.1.617 (Delta) variant. Of 814 165 sequences uploaded to GISAID with specimens collected in the last 60 days, 810 946 (99.6%) were Delta, 1 163 (0.1%) Gamma, 400 (<0.1%) Alpha, 23 (<0.1%) Beta, and 0.2% comprised other circulating variants (including variants of concern C.37 [Lambda] and B.1.621 [Mu]).

The Delta variant is of particular concern given it is approximately 50% more transmissible than Alpha, and has become the predominant variant in Canada, the United States and the United Kingdom. Delta has caused the majority of new cases in all three countries, and has driven significant resurgences in the United States and the United Kingdom among unvaccinated persons. Based on the latest Canadian data from 12 provinces and territories for the eligible population, 12 years or older, from September 19 to October 16, 2021, and adjusting for age, average weekly rates indicate that unvaccinated people were significantly more likely to be hospitalized with COVID-19 compared to fully vaccinated people.

Even people who have received one dose of a two-dose vaccination schedule, though more protected than unvaccinated individuals, are still at higher risk of infection from Delta compared to other strains of COVID-19. However, vaccine effectiveness against Delta is similar to that for other strains of COVID-19 after two doses, underlining the importance of full vaccination.

The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country’s COVID-19 risk. At this time, it is the view of the Government of Canada that 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. With inequities globally with regard to vaccine access, efforts to prevent and control the spread of COVID-19 and variants of concern continue.

On October 21, 2021, the Government of Canada removed the global Level 3 COVID-19 travel health notice. On November 8, 2021, the Government of Canada recommended that all eligible travellers complete a COVID-19 vaccine series in Canada before travelling, due to unvaccinated travellers’ increased risk of being infected with the virus that causes COVID-19 when travelling internationally.

The increased transmission associated with these variants increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions were to be broadly lifted at this time. However, with increasing vaccination rates and evidence of decreased transmission from fully vaccinated individuals, there are good public health justifications to continue to carefully and partially ease Canada’s border restrictions for fully vaccinated travellers, and to limit entry to certain classes of unvaccinated foreign nationals only.

COVID-19 situation in Canada

Canada is experiencing a fourth wave, driven by the Delta variant, with an increase in national case reporting over the last week, though there is regional variability. The number of people experiencing severe and critical illness has declined slightly in recent weeks but remains elevated. A complete two-dose series of a COVID-19 vaccine provides moderately good protection against infection and very good protection against severe illness; achieving high (complete) vaccination coverage across the population is essential to reduce opportunities for Delta to spread. As of November 10, 2021, over 89.6% of the eligible Canadian population had received at least one dose of COVID-19 vaccine (77.7% of the total population) and over 85.3% were fully vaccinated (74% of the total population).

As of November 1, 2021, there have been 368 043 cases involving variants of concern in Canada reported via the national case surveillance system. The B.1.617.2 (Delta) variant first identified in India is proving to have the highest transmissibility rates of all variants of concern and has become the dominant variant of concern reported in Canada. The Delta variant is now identified in most provinces and territories. New variants, including C.37 (Lambda) and B.1.621 (Mu), were detected at the Canadian border in August 2021 and are being monitored.

Measures limiting travel into Canada have significantly reduced the number of travel-related COVID-19 cases. Canada has seen a 74% decrease in the number of travellers arriving from the United States, in October 2021 compared to October 2019, and a 58% decrease among international travellers arriving from all other countries for the same period. However, when comparing October 2021 to October 2020, there has been a 79% increase in the number of travellers arriving from the United States, and a 260% increase among international travellers arriving from all other countries due to the gradual easing of Canada’s border restrictions.

The rate of importation also increased in March and April 2021, driven by a number of factors, including the introduction of mandatory Canadian border testing measures that increased case detection, a worsening global situation, as well as an increase in the number of imported cases from India and Pakistan. Following the April 22, 2021, implementation of a notice to airmen (NOTAM) that restricted direct flights from India and Pakistan and a Transport Canada interim order that required indirect travellers from these countries to obtain a negative COVID-19 test from a third country, the rate of case importation into Canada decreased in May and remained relatively stable throughout June. A NOTAM was introduced for Morocco on August 29, in recognition of high rates of COVID-19 cases originating from that country. As the respective COVID-19 situations have improved, Transport Canada has lifted the bans, with the last ban on direct international flights from any one country lifted as of October 29, 2021. Additional public health measures remain in place for persons travelling to Canada directly from India.

The introduction of post-border testing has led to improved case detection and the current number of reported imported cases is therefore likely a closer approximation of the true estimate of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021.

Evidence demonstrates that a combination of pre-departure and post-arrival testing will facilitate detection of persons with COVID-19 arriving in Canada. Identification of cases will further permit genetic sequencing and the identification of variants of concern to support public health efforts to contain COVID-19 spread.

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. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19, including new variants of concern, into Canada as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, can help further reduce the introduction and spread of COVID-19 or new variants of concern in Canada.

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.

Between February 3, 2020, and September 15, 2021, 67 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.

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, vaccination programs, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families.

With more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence and precautionary approach to its border measures for travellers entering Canada.

The Government of Canada’s phased approach to easing border measures for fully vaccinated travellers is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally. On July 5, 2021, fully vaccinated travellers eligible for entry were granted an exemption from quarantine. On August 9, 2021, fully vaccinated American citizens and permanent residents arriving from the United States were allowed to enter Canada for optional or discretionary purposes; and finally, as of September 7, 2021, fully vaccinated foreign nationals from all countries were allowed to enter Canada for optional or discretionary purposes.

Vaccines are a critical tool in supporting the resumption of fuller societal functioning and to safely achieve widespread immunity. Full vaccination is associated with decreases in hospitalizations and deaths (and corresponding decreased strain on critical care resources) and a reduction in severe outcomes of infection in the most vulnerable, including the elderly. Data demonstrates that vaccinated persons are also less likely to become infected with COVID-19, and to transmit the virus. Restricting the entry of unvaccinated travellers remains an important strategy for preventing the introduction of new variants and the spread of COVID-19 in Canada. As access to vaccination has increased, especially in the United States, Canada will be seeking to further reduce entry of non-vaccinated foreign nationals, including those travelling for non-discretionary purposes. This is consistent with the evidence of the effectiveness of vaccination and the greater public health risks associated with the entry of unvaccinated travellers. In addition, the Government of Canada intends to align, where appropriate, rules for domestic and international travel, particularly with respect to exemptions, in order to streamline border processes.

Implications

Key impacts for travellers

Effective 00:01:00 EST on November 21, 2021, the following changes will take place under this Order.

As was the case under the previous Order, foreign nationals travelling for any purpose will continue to be prohibited entry into Canada from countries other than the United States 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 will continue to permit the entry of fully vaccinated foreign nationals arriving for any purpose, as long as they have complied with all applicable measures under the Quarantine Order. These include, unless otherwise exempt, the requirement to obtain a negative COVID-19 molecular test result before entering Canada (or proof of prior infection as described in the Quarantine Order).

Fully vaccinated foreign nationals must have their pre-arrival COVID-19 molecular test evidence in their possession when travelling, and provide it before boarding a flight to Canada. They must also submit evidence of COVID-19 vaccination with a vaccine dosage regimen accepted by the Minister of Health. This evidence of vaccination must generally be provided to the Minister of Health by the electronic means specified by the Minister, namely ArriveCAN, the official application/web portal for all electronic submissions required under the Quarantine Order. Fully vaccinated foreign nationals seeking to enter Canada for discretionary purposes remain prohibited from entry if they fail to submit the required proof of vaccination in advance of boarding their flight to Canada. Unvaccinated foreign nationals remain prohibited from entering unless they qualify for a specific exemption from the prohibitions.

The Order does not apply to Canadian citizens, permanent residents, protected persons and persons registered as an Indian under the Indian Act, nor to those only transiting through Canadian airspace or waters. Protected persons entering under a temporary resident permit, such as refugees, will also be exempt from the requirements under this Order.

Effective 00:01:00 EST on January 15, 2022, the following changes will take place under this Order.

The prohibition on the entry of foreign nationals from any country other than the United States, as well as the prohibition on entry for discretionary and optional reasons, will be removed and replaced with a prohibition on entry for all unvaccinated foreign nationals, with limited exceptions.

A number of exemptions from the prohibition on entry previously available to unvaccinated foreign nationals will no longer be available, such as those relating to international students (18 years of age and older), work permit holders (with a few narrow exceptions), crew of commercial air and land conveyances, medical workers, and government officials. In addition, unvaccinated adults seeking entry for purposes of family reunification will generally no longer be permitted entry.

The Order will enable the Chief Public Health Officer to permit entry of essential service providers, even if unvaccinated, but only if there are compelling public interest reasons for doing so.

Some of the exemptions for unvaccinated cohorts will continue, including in respect of marine crew, new permanent residents, newly resettled refugees, and agricultural and food-processing workers. Unvaccinated foreign nationals who are granted or subject to a national interest exemption, or who enter for compassionate reasons will continue to be allowed entry. Subject to applicable requirements, unvaccinated foreign nationals under the age of 18 will continue to be permitted entry into Canada when they are travelling with a fully vaccinated parent or guardian, or a parent or guardian who is a Canadian citizen, permanent resident of Canada, or a person registered as an Indian under the Indian Act. They will also be allowed entry into Canada for purposes of family reunification or to attend school, subject to conditions. The Order will also allow entry of foreign nationals with medical contraindications to COVID-19 vaccination as defined in the Quarantine Order.

The new Order will be in effect until January 31, 2022.

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, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government departments, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; Canadian Forces; Canadian Heritage; and Global Affairs Canada.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@phac-aspc.gc.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. 2021-961 November 20, 2021

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

Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;

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

And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine 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

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, other than a dependent child, of the person, of the person’s spouse, of the person’s common-law partner or of the individual referred to in paragraph (a);
  • (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)
fully vaccinated person
has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)
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 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 that sport. (événement unisport international)
permanent resident of Canada
has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
protected person
has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
Quarantine Order
means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)
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)

Prohibitions

Prohibition — signs and symptoms

2 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 exhibit 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 — 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 the Quarantine Order to provide evidence that they received a COVID-19 molecular test result.

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 of Canada or person registered as an Indian under the Indian Act if the foreign national seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada 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 of Canada or person registered as an Indian under the Indian Act if the foreign national

Non-application — national interest

(4) Subsection (1) does not apply to a foreign national who is a person or a 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.

Non-application — vaccination status

(5) Subsection (1) does not apply to a foreign national who

Non-application — remote communities

(6) Subsection (1) does not apply to a foreign national who is a habitual resident of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington who

Prohibition — extended family member

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

Non-application — vaccination status

(2) Subsection (1) does not apply to a foreign national who is a fully vaccinated person and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination.

Prohibition — requirement to quarantine

4 A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.

Prohibition — international students

5 (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, unless they are a fully vaccinated person and they comply with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination.

Prohibition — listed institution

(1.1) A foreign national who is not a fully vaccinated person 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

6 Subsection 3(1) and sections 3.1 and 4 do not apply to a foreign national if

Non-application — international single sport event

7 (1) Subsection 3(1) does not apply to a foreign national who is authorized by a letter of authorization issued under subsection (2) to enter 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 that Deputy Minister considers it appropriate, issue a letter of authorization to enter Canada after receiving, from the individual or entity responsible for the 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:

Application

Non-application — Order

8 This Order does not apply to

Powers and Obligations

Powers and obligations

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

Amendments to this Order, Cessation of Effect, Repeal and Coming into Force

Amendments to this Order

10 Sections 1 to 9 of this Order are replaced by the following:

Definitions

Definitions

1 The following definitions apply in this Order.

Canadian Forces
means the armed forces of Her Majesty raised by Canada. (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) a sibling, half-sibling or step-sibling of the person; or
  • (b) a grandparent of the person. (membre de la famille élargie)
foreign national
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
fully vaccinated person
has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)
immediate family member,
in respect of a person, means
  • (a) the spouse or common-law partner of the person;
  • (b) a dependent child of the person or of the person’s spouse or common-law partner;
  • (c) a dependent child of the dependent child referred to in paragraph (b);
  • (d) the parent or step-parent of the person or of the person’s spouse or common-law partner; or
  • (e) the guardian or tutor of the person. (membre de la famille immédiate)
permanent resident of Canada
has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
protected person
has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
Quarantine Order
means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)
temporary resident
means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)

Prohibitions

Signs and symptoms

2 A foreign national is prohibited from entering Canada from the United States if

Pre-arrival COVID-19 molecular test

3 A foreign national who is 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 the Quarantine Order to provide evidence that they received a COVID-19 molecular test result.

Quarantine

4 A foreign national who is not a fully vaccinated person is prohibited from entering Canada from the United States if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.

Vaccination

5 (1) A foreign national is prohibited from entering Canada from the United States unless they are a fully vaccinated person and they comply with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination.

Non-application — less than 18 years of age

(2) Subsection (1) does not apply to a foreign national who is less than 18 years of age if they

Listed institution

(3) For the purposes of paragraph (2)(d), a listed institution is an institution that is

Non-application — dependent adults

(4) Subsection (1) does not apply to a foreign national who is 18 years of age or older if they are dependent on one or more other persons for care or support by reason of mental or physical limitation and they seek to enter Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor

Non-application — other persons

(5) Subsection (1) does not apply to a foreign national if they are

Non-application — compassionate grounds

(6) Subsection (1) does not apply to a foreign national if the Minister of Health determines that they seek to engage in one of the following activities:

Non-application — remote communities

(7) Subsection (1) does not apply to a foreign national if they are a habitual resident of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington who

Non-application — contraindications

6 Subsection 5(1) does not apply to a foreign national if they have a contraindication to a COVID-19 vaccine dosage regimen, within the meaning of the Quarantine Order, and they comply with the requirement under that Order to provide evidence confirming that fact.

Application

Non-application

7 This Order does not apply to

Powers and Obligations

Powers and obligations

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

11 The Order is amended by adding, after section 8, the schedule set out in the schedule to this Order.

Cessation of Effect

January 31, 2022

12 This Order ceases to have effect at 00:01:00 Eastern Standard Time on January 31, 2022.

Repeal

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

Coming into Force

November 21, 2021

14 (1) Subject to subsection (2), this Order comes into force at 00:01:00 Eastern Standard Time on November 21, 2021.

January 15, 2022

(2) Sections 10 and 11 of this Order come into force at 00:01:00 Eastern Standard Time on January 15, 2022.

SCHEDULE

(Section 11)

SCHEDULE

(Paragraph 5(4)(g))

Occupational Categories
Item

Column 1

Unit Group

Column 2

National Occupational Classification Code
1 Managers in agriculture 0821
2 Managers in horticulture 0822
3 Butchers, meat cutters and fishmongers — retail and wholesale 6331
4 Agricultural service contractors, farm supervisors and specialized livestock workers 8252
5 Contractors and supervisors, landscaping, grounds maintenance and horticulture services 8255
6 General farm workers 8431
7 Nursery and greenhouse workers 8432
8 Harvesting labourers 8611
9 Process control and machine operators, food, beverage and associated products processing 9461
10 Industrial butchers and meat cutters, poultry preparers and related workers 9462
11 Fish and seafood plant workers 9463
12 Labourers in food and beverage processing 9617
13 Labourers in fish and seafood processing 9618

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. 2021-902 of the same name, which came into force on September 15, 2021.

The new Order is complemented by the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) [the Quarantine Order] made under the Quarantine Act, which imposes testing, isolation, quarantine, and other requirements to prevent the introduction or spread of COVID-19, and also by domestic travel-related measures.

Except for the provisions of this Order that will come into force at 00:01:00 EST, January 15, 2022, as detailed under the “Implications” section, this Order will be in effect from 00:01:00 EST on November 21, 2021, until 00:01:00 EST on January 31, 2022.

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 foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the Quarantine Order. This Order also continues to prohibit entry of foreign nationals arriving from the United States 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.

This Order amends some of the entry requirements for foreign nationals, based on vaccination status. All changes under the Order are described under the “Implications” section. The new Order extends the duration of the measures until January 31, 2022.

Background

COVID-19

COVID-19 is caused by a novel coronavirus capable of causing severe illness, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although 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), SARS-CoV-2 is more contagious than SARS-CoV and MERS-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 two years.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through respiratory droplets and aerosols when an infected person breathes, 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 in some circumstances.

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 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 a median of 5 to 6 days. The time period in which an individual with COVID-19 can transmit the virus is said to be at a maximum of 10 days after symptom onset for immunocompetent people who have COVID-19.

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 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. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus causing COVID-19, which are more transmissible, has further worsened the negative health impacts of COVID-19.

Testing

Testing capabilities have advanced significantly over the past several months. 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 arriving by air to the United States have evidence of a negative pre-departure molecular or antigen test no more than three days prior to boarding a flight to the United States for fully vaccinated travellers and no more than one day prior to boarding for unvaccinated travellers. The United States does not currently require testing for entry at the land border.

COVID-19 molecular testing, such as polymerase chain reaction (PCR) tests and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests, has a higher sensitivity for detecting COVID-19 over the duration of infection, and it is also able to detect most symptomatic and asymptomatic infections. 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.

Individuals infected with COVID-19 may become infectious within 1 to 4 days (median of 2 days) following their day of exposure (irrespective of symptom onset). A pre-departure COVID-19 molecular test for a round trip originating in Canada that is less than 72 hours would most likely detect a COVID-19 exposure that occurred in Canada. If a traveller is exposed to COVID-19 on a short trip, a pre-departure test may not be able to detect the virus. In light of this evidence, and the generally lower risk posed by fully vaccinated travellers, the Government is making changes in the Quarantine Order to the rules for pre-departure testing for some fully vaccinated travellers taking short trips and returning to Canada. In keeping with a gradual approach to easing border measures, and to monitor the impact of this change on public health, for the time being this exemption will be limited to Canadian citizens, permanent residents of Canada, and persons registered as an Indian under the Indian Act.

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 180 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals, for tests performed up to 180 days prior, should not be considered as evidence of a new infection posing risk, but rather that a person 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. Requiring that prior positive test results be obtained no sooner than 10 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious, thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.

Vaccination

Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. The COVID-19 vaccines are very effective at preventing severe illness, hospitalization and death from COVID-19. They also decrease symptomatic and asymptomatic infection, including against the Delta variant, and they will also decrease SARS-CoV-2 transmission, although this effectiveness varies depending on the COVID-19 vaccine product received and may decrease with time since vaccination. Evidence from COVID-19 border testing for the July to October 2021 period indicated that unvaccinated travellers are five times more likely to test positive than travellers who have received a complete course of Government of Canada recognized vaccines at least 14 days prior to arrival.

Globally, 51% of the world population has received at least one dose, and 40% are fully vaccinated with a COVID-19 vaccine, as of November 9, 2021. While 65.7% of people in high-income countries have been fully vaccinated, only 4.2% of people in low-income countries have received at least one dose. Vaccine accessibility remains a challenge especially for children and adolescents.

The United States has announced that, as of January 2022, all inbound foreign national travellers seeking to enter the United States via land ports of entry or ferry terminals — whether for essential or non-essential reasons — must be fully vaccinated for COVID-19 and provide related proof of vaccination.

As of November 9, 2021, the Centers for Disease Control and Prevention has reported that over 224 million people in the United States (67.5% of the total population) have received at least one dose of a COVID-19 vaccine, and 194 million people (58.5% of the total population) have been fully vaccinated. By comparison, as of November 11, 2021, over 30.0 million Canadians (78.4% of the total population) have received at least one dose, and more than 28.6 million (74.7% of the total population) are fully vaccinated. It is important to note that this data specifically references total populations of both countries due to difficulties in acquiring accurate information on the population of individuals who are eligible for a vaccine in the United States (and therefore includes children who are not yet eligible).

The Government of Canada seeks to align exemptions available for international and domestic requirements. In terms of domestic measures, on August 13, 2021, the Government of Canada announced its intent to require COVID-19 vaccination for federal employees and domestic travellers. As of October 30, the Government of Canada requires employers in the federally regulated air, rail, and marine transportation sectors to establish vaccination policies for their employees.

Also effective October 30, air passengers departing from Canadian airports, travellers on VIA Rail and Rocky Mountaineer trains, and travellers 12 years of age and older on non-essential passenger vessels on voyages of 24 hours or more, such as cruise ships, need to be vaccinated or show a valid COVID-19 molecular test within 72 hours of travel. By November 30, all domestic travellers must be fully vaccinated, with very limited exceptions to address specific situations such as emergency travel, and those medically unable to be vaccinated.

Canada’s current list of accepted vaccines includes five of eight vaccines on the WHO Emergency Use Listing (EUL).

Other measures

Even at current levels of vaccination coverage, core public health and personal protective measures, such as limiting travel and contacts in public places continue to be important for managing the increased growth in COVID-19 cases, protecting the vulnerable, and reducing the risk of overwhelming health care capacity.

Wearing masks in public places is an effective public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.

COVID-19 situation globally

The cumulative number of COVID-19 cases reported globally is now over 250 million and the number of deaths exceeds 5 million. For the week of November 1 to November 7, 2021, the global number of new cases reported was over 3.1 million, a 1% increase as compared to the previous week. The increases in transmission appear to be driven by the circulation of more transmissible variants of concern, easing of domestic public health measures coupled with increased social mixing and low global vaccine coverage.

According to the WHO weekly report, as of November 9, 2021, four of the six regions reported a decline (regions of the Americas, South-East Asia, the Western Pacific, and the Eastern Mediterranean), while the other two (Europe and Africa) reported an increase in cases over the last week. The region of Europe reported the highest increase in case reporting (+7%), with 1.9 million new cases (209 per 100 000 population), representing 63% of the cases reported in the last week.

Despite efforts to extend vaccination coverage, many countries across all six WHO Regions continue to experience surges in COVID-19 cases among predominantly unvaccinated groups. As of November 9, 2021, the countries reporting the highest number of cases in the previous seven days were the United States (510 968 new cases; 3% decrease), the Russian Federation (281 305 new cases; 3% increase), the United Kingdom (252 104 new cases; 12% decrease), Turkey (197 335 new cases; 8% increase), and Germany (169 483 new cases; 29% increase).

In many countries, the spread of more contagious variants of concern has contributed to increased transmission. In the winter of 2021, variants of the virus, which are more transmissible, detected in the United Kingdom, South Africa, Brazil and India have spread to many countries around the globe, including Canada and the United States. Globally, cases of the B.1.1.7 (Alpha) variant have been reported in 194 countries, territories or areas (hereafter, countries); while 141 countries have reported cases of the B.1.351 (Beta) variant; 92 countries have reported cases of the P.1 (Gamma) variant; and 174 countries have reported cases of the B.1.617 (Delta) variant. Of 814 165 sequences uploaded to GISAID with specimens collected in the last 60 days, 810 946 (99.6%) were Delta, 1 163 (0.1%) Gamma, 400 (<0.1%) Alpha, 23 (<0.1%) Beta, and 0.2% comprised other circulating variants (including variants of concern C.37 [Lambda] and B.1.621 [Mu]).

The Delta variant is of particular concern given it is approximately 50% more transmissible than Alpha, and has become the predominant variant in Canada, the United States and the United Kingdom. Delta has caused the majority of new cases in all three countries, and has driven significant resurgences in the United States and the United Kingdom among unvaccinated persons. Based on the latest Canadian data from 12 provinces and territories for the eligible population, 12 years or older, from September 19 to October 16, 2021, and adjusting for age, average weekly rates indicate that unvaccinated people were significantly more likely to be hospitalized with COVID-19 compared to fully vaccinated people.

Even people who have received one dose of a two-dose vaccination schedule, though more protected than unvaccinated individuals, are still at higher risk of infection from Delta compared to other strains of COVID-19. However, vaccine effectiveness against Delta is similar to that for other strains of COVID-19 after two doses, underlining the importance of full vaccination.

The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country’s COVID-19 risk. At this time, it is the view of the Government of Canada that 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. With inequities globally with regard to vaccine access, efforts to prevent and control the spread of COVID-19 and variants of concern continue.

On October 21, 2021, the Government of Canada removed the global Level 3 COVID-19 travel health notice.

On November 8, 2021, the Government of Canada recommended that all eligible travellers to the United States complete a COVID-19 vaccine series in Canada before travelling, due to unvaccinated travellers’ increased risk of being infected with the virus that causes COVID-19 when travelling internationally.

The increased transmission associated with these variants increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions were to be broadly lifted at this time. However, with increasing vaccination rates and evidence of decreased transmission from fully vaccinated individuals, there are good public health justifications to continue to carefully and partially ease Canada’s border restrictions for fully vaccinated travellers, and to limit entry to certain classes of unvaccinated foreign nationals only.

COVID-19 situation in Canada

Canada is experiencing a fourth wave, driven by the Delta variant, with an increase in national case reporting over the last week though there is regional variability. The number of people experiencing severe and critical illness has declined slightly in recent weeks but remains elevated. A complete two-dose series of a COVID-19 vaccine provides moderately good protection against infection and very good protection against severe illness; achieving high (complete) vaccination coverage across the population is essential to reduce opportunities for Delta to spread. As of November 10, 2021, over 89.6% of the eligible Canadian population had received at least one dose of a COVID-19 vaccine (77.7% of the total population) and over 85.3% were fully vaccinated (74% of the total population).

As of November 1, 2021, there have been 368 043 cases involving variants of concern in Canada reported via the national case surveillance system. The B.1.617.2 (Delta)variant, first identified in India, is proving to have the highest transmissibility rates of all variants of concern and has become the dominant variant of concern reported in Canada. The Delta variant is now identified in most provinces and territories. New variants, including C.37 (Lambda) and B.1.621 (Mu), were detected at the Canadian border in August 2021, and are being monitored.

Measures limiting travel into Canada have significantly reduced the number of travel-related COVID-19 cases. Canada has seen a 74% decrease in the number of travellers arriving from the United States in October 2021 compared to October 2019, and a 58% decrease among international travellers arriving from all other countries for the same period. However, when comparing October 2021 to October 2020, there has been a 79% increase in the number of travellers arriving from the United States, and a 260% increase among international travellers arriving from all other countries due to the gradual easing of Canada’s border restrictions.

The introduction of post-border testing has led to improved case detection and the current number of reported imported cases is therefore likely a closer approximation of the true estimate of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021.

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. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19, including new variants of concerns into Canada, as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, can help further reduce the introduction and spread of COVID-19 or new variants of concern in Canada.

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.

Between February 3, 2020, and September 15, 2021, 67 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.

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, vaccination programs, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families.

With more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence and precautionary approach to its border measures for travellers entering Canada.

The Government of Canada’s phased approach to easing border measures for fully vaccinated travellers is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally. On July 5, 2021, fully vaccinated travellers eligible for entry were granted an exemption from quarantine. On August 9, 2021, fully vaccinated American citizens and permanent residents arriving from the United States were allowed to enter Canada for optional or discretionary purposes; and as of September 7, 2021, fully vaccinated foreign nationals from all countries were allowed to enter Canada for optional or discretionary purposes.

Vaccines are a critical tool in supporting the resumption of fuller societal functioning and to safely achieve widespread immunity. Full vaccination is associated with decreases in hospitalizations and deaths (and corresponding decreased strain on critical care resources) and a reduction in severe outcomes of infection in the most vulnerable, including the elderly. Data demonstrates that vaccinated persons are also less likely to become infected with COVID-19, and to transmit the virus. Restricting the entry of unvaccinated travellers remains an important strategy for preventing the introduction of new variants and the spread of COVID-19 in Canada. As access to vaccination has increased, especially in the United States, Canada will be seeking to further reduce entry of non-vaccinated foreign nationals, including those travelling for non-discretionary purposes. This is consistent with the evidence of the effectiveness of vaccination and the greater public health risks associated with the entry of unvaccinated travellers. In addition, the Government of Canada intends to align, where appropriate, rules for domestic and international travel, particularly with respect to exemptions, in order to streamline border processes.

Implications

Key impacts for travellers

Effective 00:01:00 EST on November 21, 2021, the following changes will take place under this Order.

As was the case under the previous Order, foreign nationals travelling for any purpose will continue to be prohibited entry into Canada from the United States 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 will continue to permit the entry of fully vaccinated foreign nationals arriving for any purpose from the United States, as long as they have complied with all applicable measures under the Quarantine Order. These include, unless otherwise exempt, the requirement to obtain a negative COVID-19 molecular test result before entering Canada (or proof of prior infection as described in the Quarantine Order). Fully vaccinated foreign nationals must provide their pre-arrival COVID-19 molecular test evidence before boarding a flight to Canada, and when entering by land. They must also submit evidence of COVID-19 vaccination with a vaccine dosage regimen accepted by the Minister of Health. This evidence of vaccination must generally be provided to the Minister of Health by the electronic means specified by the Minister, namely ArriveCAN, the official application/web portal for all electronic submissions required under the Quarantine Order. Fully vaccinated foreign nationals seeking to enter Canada from the United States for discretionary purposes remain prohibited from entry if they fail to submit the required proof of vaccination in advance of travel to Canada. Unvaccinated foreign nationals remain prohibited from entering unless they qualify for a specific exemption from the prohibitions.

This Order will eliminate the prohibition of entry for asylum claimants who cross the Canada-United States land border between ports of entry.

The Order does not apply to Canadian citizens, permanent residents, protected persons and persons registered as an Indian under the Indian Act, nor to those only transiting through Canadian airspace or waters. Protected persons entering under a temporary resident permit, such as refugees, will also be exempt from the requirements under this Order.

Effective 00:01:00 EST on January 15, 2022, the following changes will take place under this Order.

The prohibition on the entry of foreign nationals travelling from the United States for optional or discretionary purposes will be removed and replaced with a prohibition on entry for all foreign nationals who are not fully vaccinated persons as defined in the Quarantine Order, with limited exceptions. A number of exemptions from the prohibition on entry previously available to unvaccinated foreign nationals will no longer be available, such as those relating to international students (18 years of age and older), work permit holders (with a few narrow exceptions), crew of commercial air and land conveyances, medical workers, and government officials. In addition, unvaccinated adults seeking entry for purposes of family reunification will generally no longer be permitted entry.

The Order will enable the Chief Public Health Officer to permit entry of essential service providers, even if unvaccinated, but only if there are compelling public interest reasons for doing so. In addition, the ability of specified ministers to grant national interest exemptions from the prohibition on entry will be maintained.

Some of the exemptions for unvaccinated cohorts will continue, including in respect of marine crew, new permanent residents, newly resettled refugees, and agricultural and food-processing workers. Unvaccinated foreign nationals who are granted or subject to a national interest exemption, or who enter for compassionate reasons will continue to be allowed entry. Subject to applicable requirements, unvaccinated foreign nationals under the age of 18 will continue to be permitted entry into Canada when they are travelling with a fully vaccinated parent or guardian, or a parent or guardian who is a Canadian citizen, permanent resident of Canada, or a person registered as an Indian under the Indian Act. They will also be allowed entry into Canada for purposes of family reunification or to attend school, subject to conditions. The Order will also allow entry of foreign nationals with medical contraindications to COVID-19 vaccination as defined in the Quarantine Order.

Exemptions permitting the entry of residents in specific remote or integrated transborder communities irrespective of vaccination status will be maintained. Crossing the border to drop off a student or a child under a custody arrangement will also continue to be permitted irrespective of vaccination status.

The new Order will be in effect until January 31, 2022.

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, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government agencies, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@phac-aspc.gc.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. 2021-963 November 20, 2021

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

Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;

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

And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations).

TABLE OF PROVISIONS

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)

PART 1

General

1.1 Definitions

1.2 Non-application

1.3 Exempted persons — conditions or requirements

PART 2

Molecular Tests

2.1 Entering by aircraft — pre-boarding

2.2 Entering by land — pre-arrival

2.21 Entering by water — pre-arrival

2.22 Alternative testing protocol — pre-arrival

2.3 Tests in Canada

2.4 Alternative testing protocol — on entry

2.5 Evidence of COVID-19 molecular test — retention

PART 3

Suitable Quarantine Plan and Other Measures

3.1 Suitable quarantine plan

3.2 Suitable quarantine plan — requirement

3.3 Information — countries

3.4 Mask

PART 4

Quarantine of Asymptomatic Persons

4.1 Requirements — quarantine

4.2 Additional requirements

4.3 Unable to quarantine

4.4 Unable to quarantine — additional requirements

4.5 Exempted persons — quarantine

4.6 Exempted persons — medical reason

4.7 Exempted persons — compassionate grounds

4.8 Exempted persons — international single sport event

4.9 Exempted persons — fully vaccinated persons

4.91 Exempted persons — less than 12 years of age

4.92 Contraindication

4.93 Signs and symptoms during quarantine period

4.94 Exception — leaving Canada

PART 5

Isolation of Symptomatic Persons

5.1 Requirements — isolation

5.2 Additional requirements

5.3 Unable to isolate

5.4 Unable to isolate — additional requirements

5.5 Exempted persons — medical reason

5.6 Positive result – requirements

5.7 Exception — leaving Canada

PART 6

Powers and Obligations

6.1 Powers and obligations

PART 7

Amendments to this Order, Cessation of Effect, Repeal and Coming into Force

Amendments to this Order

7.1 Amendments

Cessation of Effect

7.22 January 31, 2022

Repeal

7.23

Coming into Force

7.24 November 21, 2021

SCHEDULE 1

SCHEDULE 2

Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)

PART 1

General

Definitions

1.1 (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)
crew member
means
  • (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; or
  • (c) a person 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 crew member within the meaning of paragraph (a) or (b) on a conveyance within the 14-day period that begins on the day on which they return to Canada. (membre d’équipage)
dependent child
has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
evidence of a COVID-19 molecular test
means evidence that contains the following information:
  • (a) the name and date of birth of the person whose specimen was collected for the test;
  • (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 result. (preuve d’essai moléculaire relatif à la COVID-19)
fully vaccinated person
means a person who completed, at least 14 days before the day on which they entered Canada, a COVID-19 vaccine dosage regimen if
  • (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
    • (i) the vaccine has been administered to the person in accordance with its labelling, or
    • (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
  • (b) in all other cases,
    • (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
    • (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19. (personne entièrement vaccinée)
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 that sport. (événement unisport international)
isolation
means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who exhibit 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 material 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 of Canada
has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
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
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 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)

Interpretation — fully vaccinated person

(2) For greater certainty, for the purposes of the definition fully vaccinated person, a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.

Non-application

1.2 This Order does not apply to a person who

Exempted persons — conditions or requirements

1.3 (1) The Chief Public Health Officer may take immediate public health measures to minimize the risk of introduction or spread of COVID-19 by imposing conditions or requirements on any person or member of a class of persons exempt under this Order from any requirement set out in it, including

Compliance — conditions or requirements

(2) A person who is exempted from any requirement under this Order and on whom the conditions or requirements are imposed under subsection (1) must comply with them in order to remain exempted from the applicable requirement.

Factors to consider

(3) For the purposes of subsection (1), the Chief Public Health Officer must consider the following factors:

PART 2

Molecular Tests

Entering by aircraft — pre-boarding

2.1 (1) Every person who enters Canada by aircraft must, before boarding the aircraft for the flight to Canada, provide to the aircraft operator evidence of a COVID-19 molecular test indicating that they received

Exempted persons

(2) Subsection (1) does not apply to

Entering by land — pre-arrival

2.2 (1) Every person must, when entering Canada by land, provide to the Minister of Health, screening officer or quarantine officer, evidence of a COVID-19 molecular test indicating that they received

Exempted persons

(2) Subsection (1) does not apply to

Entering by water — pre-arrival

2.21 (1) Every person must, before or when entering Canada by water, provide to the Minister of Health, screening officer or quarantine officer, evidence of a COVID-19 molecular test indicating that they received

Exempted persons

(2) Subsection (1) does not apply to

Alternative testing protocol — pre-arrival

2.22 A person or any member of a class of persons referred to in paragraph 2.1(1)(a), 2.2(1)(a) or 2.21(1)(a) who is designated by the Chief Public Health Officer must, before or when entering Canada, in the case the person enters by land or water, or before boarding the aircraft for the flight to Canada, in the case the person enters by air, and in accordance with the instructions of the Chief Public Health Officer,

Tests in Canada

2.3 (1) Subject to subsections (1.1) and (3) to (5), every person who enters Canada must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test

Exempted persons — asymptomatic persons

(1.1) Subject to subsections (3) and (4), the Chief Public Health Officer may, having regard to the factors set out in subsection 1.3(3), exempt a person referred to in subsection (1), or any member of a class of those persons, who is not referred to in subsection 5.1(1), from the requirements set out in paragraph (1)(a) or (b), or both.

COVID-19 molecular test — on request

(1.2) On the request, made in a randomized manner, of the Chief Public Health Officer, a person referred to in subsection (1.1) must, during the 14-day period that begins on the day on which the person enters Canada, undergo a COVID-19 molecular test in accordance with the instructions of a quarantine officer or the Minister of Health.

Positive result — requirements

(1.3) If the person obtains a positive result for the COVID-19 molecular test referred to in subsection (1) or (1.2), the person must, within 24 hours of receiving a positive result, report the result to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health and follow the instructions provided by the local public health authority specified by the quarantine officer or screening officer.

Expense

(2) For greater certainty, the person who must undergo the COVID-19 molecular tests must do so at their expense or at the expense of another person on behalf of that person unless the COVID-19 molecular tests are provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or by Her Majesty in right of a province.

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo, when or after entering Canada, the COVID-19 molecular test, in which case the person must follow the instructions of the quarantine officer.

Exempted persons — subsections (1) and (1.2)

(4) Subsections (1) and (1.2) do not apply to

Exempted persons — fully vaccinated persons

(5) Paragraph (1)(b) does not apply to a fully vaccinated person who provides the evidence of COVID-19 vaccination that they are required to provide under this Order.

Alternative testing protocol — on entry

2.4 (1) The persons referred to in subsection (2) who enter Canada must, subject to subsection (3) and in accordance with the instructions of a quarantine officer, undergo a test in accordance with an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:

Persons subject to alternative testing protocol

(2) The persons undergoing a test in accordance with an alternative testing protocol under subsection (1) are

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo a test in accordance with the alternative testing protocol, in which case the person must follow the instructions of the quarantine officer.

Exempted persons — positive result

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

Evidence of COVID-19 molecular test — retention

2.5 (1) Every person who enters Canada must

Designation

(2) The Chief Public Health Officer may designate any person as a public health official for the purposes of paragraph (1)(c).

PART 3

Suitable Quarantine Plan and Other Measures

Suitable quarantine plan

3.1 (1) A suitable quarantine plan must meet the following requirements:

Place of quarantine — conditions

(2) The applicable conditions for the place of quarantine are the following:

Suitable quarantine plan — requirement

3.2 (1) Subject to subsection (2), every person who enters Canada must provide to the Minister of Health, screening officer or quarantine officer a suitable quarantine plan that meets the requirements set out in section 3.1.

Exception — contact information

(2) Instead of providing the suitable quarantine plan, a person referred to in subsection 4.8(1) or Table 1 of Schedule 2 must provide to the Minister of Health, screening officer or quarantine officer their contact information for the 14-day period that begins on the day on which they enter Canada.

Timing

(3) The person who provides their suitable quarantine plan or their contact information must do so,

Electronic means

(4) A person who enters Canada must provide their suitable quarantine plan or their contact information by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their plan by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the plan must be provided in the form and manner and at the time specified by the Minister of Health.

Persons in transit

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

Information — countries

3.3 (1) Every person who enters Canada must disclose to the Minister of Health, screening officer or quarantine officer the countries that they were in during the 14-day period before the day on which they enter Canada.

Information and evidence of vaccination

(2) Every person who enters Canada must

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirements referred to in subsection (2), in which case the person must follow the instructions of the quarantine officer.

Elements — evidence of vaccination

(4) Subject to subsection (5), the evidence of COVID-19 vaccination means evidence issued by a non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, by a government or by an entity authorized by a government, and must contain the following information:

Evidence of vaccination — translation

(5) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Timing — countries

(6) A person who is required to provide the information referred to in subsection (1) must do so,

Timing — COVID-19 vaccination

(7) A person who is required to provide the information referred to in paragraph (2)(a) or evidence of COVID-19 vaccination referred to in paragraph (2)(b) must do so,

Electronic means

(8) A person who enters Canada must provide the information referred in subsection (1) and paragraph (2)(a) and the evidence of COVID-19 vaccination referred to in paragraph (2)(b) that they are required to provide by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their information by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the information must be provided in the form and manner and at the time specified by the Minister of Health.

Evidence of vaccination — retention

(9) Every person who enters Canada and who is required to provide evidence of COVID-19 vaccination must, during the applicable period referred to in paragraph 2.5(1)(a),

Answers, information and records

(10) Every person who enters Canada must, for the purposes of the administration of this Order, before entering Canada and during the applicable period referred to in 2.5(1)(a),

Designation

(11) The Chief Public Health Officer may designate any person as a public health official.

Mask

3.4 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the applicable period referred to in 2.5(1)(a), wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19,

Persons not subject to quarantine

(2) Every person who enters Canada and who, under section 4.5, subsection 4.7(1) or 4.8(1), section 4.9, subsection 4.91(1) or section 4.92, 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,

Exempted persons

(3) This section does not apply to

PART 4

Quarantine of Asymptomatic Persons

Requirements — quarantine

4.1 Every person who enters Canada and who does not exhibit signs and symptoms of COVID-19 must quarantine themselves without delay in accordance with the 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

Additional requirements

4.2 A person referred to in section 4.1 must

Unable to quarantine

4.3 (1) A person referred to in section 4.1 is considered unable to quarantine themselves if

Quarantine facility or other suitable place

(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 4.1, 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 that begins on the day on which the person enters Canada, in order to quarantine themselves in a place that meets the conditions set out in section 4.1 and must, if applicable, meet the requirements set out in section 4.2.

Choice of quarantine facility

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

Unable to quarantine — additional requirements

4.4 A person referred to in subsection 4.3(2) or (3) must,

Exempted persons — quarantine

4.5 Sections 4.1 to 4.4 do not apply to a person referred to in Table 1 of Schedule 2 if

Exempted persons — medical reason

4.6 (1) Sections 4.1 to 4.4 do not apply to a person

Accompanying person

(2) If the person exempted 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.

Other cases

(3) The requirements set out in sections 4.1 to 4.4 do not apply to a person if

Exempted persons — compassionate grounds

4.7 (1) Subject to subsection (3), sections 4.1, 4.3 and 4.4 do not apply to a person if the Minister of Health

Conditions

(2) Subsection (1) applies while the person engages in one of the activities referred to in paragraph (1)(a) and if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Exempted persons

(3) Subsection (1) does not apply to a person who

Orders made under Quarantine Act

(4) For the purposes of any order made under section 58 of the Quarantine Act, the non-application of sections 4.1, 4.3 and 4.4 under this section is a limited release from the requirement to quarantine on compassionate grounds.

Exempted persons — international single sport event

4.8 (1) Sections 4.1 to 4.4 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 and if they

Letter of authorization

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

Conditions

(3) Subsection (1) applies only 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.

Exempted persons — fully vaccinated persons

4.9 (1) Sections 4.1 to 4.4 do not apply to a fully vaccinated person who enters Canada if

Signs and symptoms or positive result

(2) If the person referred to in subsection (1) who meets the conditions set out in that subsection develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 test before the expiry of the 14-day period that begins on the day on which the person enters Canada, the person must

Exempted persons — less than 12 years of age

4.91 (1) Sections 4.1 to 4.4 do not apply to a person who is not a fully vaccinated person, who is less than 12 years of age and who meets the conditions set out in subsection (2).

Conditions

(2) The applicable conditions for the person referred to in subsection (1) are that

Signs and symptoms or positive result

(3) If the person referred to in subsection (1) develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test before the expiry of the 14-day period that begins on the day on which the person enters Canada,

Contraindication

4.92 (1) For the purposes of this section, a contraindication to a COVID-19 vaccine dosage regimen is a medical reason that prevents a person in a class of persons from completing a COVID-19 vaccine dosage regimen according to

Exempted persons — persons with contraindications

(2) Sections 4.1 to 4.4 do not apply to a person 12 years of age or older and who is not a fully vaccinated person if

Evidence — translation

(3) The evidence referred to in paragraph (2)(a) must be in English or French and any translation into English or French must be a certified translation.

Evidence — retention

(4) Every person who enters Canada and who is required to have in their possession the evidence referred to in paragraph (2)(a) must, during the applicable period referred to in paragraph 2.5(1)(a),

Signs and symptoms or positive result

(5) If the person referred to in subsection (1) develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test before the expiry of the 14-day period that begins on the day on which the person enters Canada, the person must

Signs and symptoms during quarantine period

4.93 (1) During any applicable 14-day quarantine period that begins on the day on which the person enters Canada, if the person develops signs and symptoms of COVID-19 or is exposed to another person who exhibits signs and symptoms of COVID-19,

Positive result or exposure to another person

(2) During any applicable 14-day quarantine period that begins on the day on which the person enters Canada, if the person receives a positive result for any type of COVID-19 test or is exposed to another person who receives a positive result for any type of COVID-19 test,

Cessation — daily reporting

(3) The requirements set out in subparagraphs 4.2(b)(ii) and 4.4(b)(ii) end if the person reports that they have developed signs and symptoms of COVID-19 or tested positive for COVID-19 for any type of COVID-19 test.

Exception — leaving Canada

4.94 A person referred to in section 4.1 or 4.3 may leave Canada before the expiry of the 14-day period set out in those provisions only if they quarantine themselves until they depart from Canada.

PART 5

Isolation of Symptomatic Persons

Requirements — isolation

5.1 (1) Every person who enters Canada and who has reasonable grounds to suspect they have COVID-19, exhibits signs and symptoms of COVID-19, knows that they have COVID-19 or has received a positive result for any type of COVID-19 test that was performed on a specimen collected within a period of 10 days before the day on which they enter Canada or on the day on which they enter Canada, as well as every person who travelled with that person, must isolate themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer in a place that meets the conditions set out in subsection (2) and remain in isolation until the expiry of the 10-day period that begins on the day on which the person enters Canada or any other applicable isolation period.

Place of isolation — conditions

(2) The applicable conditions for the place of isolation are the following:

Additional requirements

5.2 A person referred to in subsection 5.1(1) must

Unable to isolate

5.3 (1) A person referred to in subsection 5.1(1) is considered unable to isolate themselves if

Quarantine facility or other suitable place

(2) A person who, at the time of entry into Canada or at any other time during the applicable isolation period referred to in subsection 5.1(1), 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 applicable isolation period, in order to isolate themselves in a place that meets the conditions set out in subsection 5.1(2) and must, if applicable, meet the requirements set out in section 5.2.

Choice of quarantine facility

(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the factors set out in subsection 4.3(4), with any necessary modifications.

Unable to isolate — additional requirements

5.4 The person referred to in subsection 5.3(2) or (3) must

Exempted persons — medical reason

5.5 (1) Sections 5.1 to 5.4 do not apply to a person who meets the requirements set out in subsection (3)

Accompanying person

(2) If the person to whom isolation requirements do not apply under subsection (1) is a dependent child, the exception in that subsection extends to one other person who accompanies the dependent child.

Requirements

(3) For the purposes of subsection (1) and (2), the person must

Other cases

(4) The requirements set out in sections 5.1 to 5.4 do not apply to a person if

Positive result — requirements

5.6 If the person receives a positive result for any type of COVID-19 test while they isolate themselves for a reason other than having received a positive result for any type of COVID-19 test, the associated requirements continue to apply and the period in progress is replaced by a new 10-day isolation period that begins on

Exception — leaving Canada

5.7 A person who must isolate themselves in accordance with this Order cannot leave Canada before the expiry of the applicable isolation period, except in a private conveyance and at the discretion and in accordance with the instructions of a quarantine officer.

PART 6

Powers and Obligations

Powers and obligations

6.1 For greater certainty,

PART 7

Amendments to this Order, Cessation of Effect, Repeal and Coming into Force

Amendments to this Order

7.1 Sections 1.1 to 6.1 of this Order are replaced by the following:

Definitions

1.1 (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)
crew member
means
  • (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; or
  • (c) a person 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 crew member within the meaning of paragraph (a) or (b) on a conveyance within the 14-day period that begins on the day on which they return to Canada. (membre d’équipage)
dependent child
has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
evidence of a COVID-19 molecular test
means evidence that contains the following information:
  • (a) the name and date of birth of the person whose specimen was collected for the test;
  • (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 result. (preuve d’essai moléculaire relatif à la COVID-19)
fully vaccinated person
means a person who completed, at least 14 days before the day on which they entered Canada, a COVID-19 vaccine dosage regimen if
  • (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
    • (i) the vaccine has been administered to the person in accordance with its labelling, or
    • (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
  • (b) in all other cases,
    • (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
    • (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19. (personne entièrement vaccinée)
isolation
means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who exhibit 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 material 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 of Canada
has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
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
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 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)

Interpretation — fully vaccinated person

(2) For greater certainty, for the purposes of the definition fully vaccinated person, a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.

Non-application

1.2 This Order does not apply to a person who

Exempted persons — conditions or requirements

1.3 (1) The Chief Public Health Officer may take immediate public health measures to minimize the risk of introduction or spread of COVID-19 by imposing conditions or requirements on any person or member of a class of persons exempt under this Order from any requirement set out in it, including

Compliance — conditions or requirements

(2) A person who is exempted from any requirement under this Order and on whom the conditions or requirements are imposed under subsection (1) must comply with them in order to remain exempted from the applicable requirement.

Factors to consider

(3) For the purposes of subsection (1), the Chief Public Health Officer must consider the following factors:

PART 2

Molecular Tests

Entering by aircraft — pre-boarding

2.1 (1) Every person who enters Canada by aircraft must, before boarding the aircraft for the flight to Canada, provide to the aircraft operator evidence of a COVID-19 molecular test indicating that they received

Exempted persons

(2) Subsection (1) does not apply to

Entering by land — pre-arrival

2.2 (1) Every person must, when entering Canada by land, provide to the Minister of Health, screening officer or quarantine officer, evidence of a COVID-19 molecular test indicating that they received

Exempted persons

(2) Subsection (1) does not apply to

Entering by water — pre-arrival

2.21 (1) Every person must, before or when entering Canada by water, provide to the Minister of Health, screening officer or quarantine officer, evidence of a COVID-19 molecular test indicating that they received

Exempted persons

(2) Subsection (1) does not apply to

Alternative testing protocol — pre-arrival

2.22 (1) A person or any member of a class of persons who is required to provide evidence under paragraph 2.1(1)(a), 2.2(1)(a) or 2.21(1)(a) and who is designated by the Chief Public Health Officer must, before or when entering Canada, in the case the person enters by land or water, or before boarding the aircraft for the flight to Canada, in the case the person enters by air, and in accordance with the instructions of the Chief Public Health Officer,

Tests in Canada

2.3 (1) Subject to subsections (1.1) and (3) to (5), every person who enters Canada must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test

Exempted persons — asymptomatic persons

(1.1) Subject to subsections (3) and (4), the Chief Public Health Officer may, having regard to the factors set out in subsection 1.3(3), exempt a person referred to in subsection (1), or any member of a class of those persons, who is not referred to in subsection 5.1(1), from the requirements set out in paragraph (1)(a) or (b), or both.

COVID-19 molecular test — on request

(1.2) On the request, made in a randomized manner, of the Chief Public Health Officer, a person referred to in subsection (1.1) must, during the 14-day period that begins on the day on which the person enters Canada, undergo a COVID-19 molecular test in accordance with the instructions of a quarantine officer or the Minister of Health.

Expense

(2) For greater certainty, the person who must undergo the COVID-19 molecular tests must do so at their expense or at the expense of another person on behalf of that person unless the COVID-19 molecular tests are provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or by Her Majesty in right of a province.

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo, when or after entering Canada, the COVID-19 molecular test, in which case the person must follow the instructions of the quarantine officer.

Exempted persons — subsections (1) and (1.2)

(4) Subsections (1) and (1.2) do not apply to

Exempted persons — fully vaccinated persons

(5) Paragraph (1)(b) does not apply to a fully vaccinated person who provides the evidence of COVID-19 vaccination that they are required to provide under this Order.

Alternative testing protocol — on entry

2.4 (1) The persons referred to in subsection (2) who enter Canada must, subject to subsection (3) and in accordance with the instructions of a quarantine officer, undergo a test in accordance with an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:

Persons subject to alternative testing protocol

(2) The persons undergoing a test in accordance with an alternative testing protocol under subsection (1) are

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo a test in accordance with the alternative testing protocol, in which case the person must follow the instructions of the quarantine officer.

Exempted persons — positive result

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

Evidence of COVID-19 molecular test — retention

2.5 (1) Every person who enters Canada must

Designation

(2) The Chief Public Health Officer may designate any person as a public health official for the purposes of paragraph (1)(c).

PART 3

Suitable Quarantine Plan and Other Measures

Suitable quarantine plan

3.1 (1) A suitable quarantine plan must meet the following requirements:

Place of quarantine — conditions

(2) The applicable conditions for the place of quarantine are the following:

Suitable quarantine plan — requirement

3.2 (1) Subject to subsection (2), every person who enters Canada must provide to the Minister of Health, screening officer or quarantine officer a suitable quarantine plan that meets the requirements set out in section 3.1.

Exception — contact information

(2) Instead of providing the suitable quarantine plan, a person referred to in Table 1 of Schedule 2 must provide to the Minister of Health, screening officer or quarantine officer their contact information for the 14-day period that begins on the day on which they enter Canada.

Timing

(3) The person who provides their suitable quarantine plan or their contact information must do so,

Electronic means

(4) A person who enters Canada must provide their suitable quarantine plan or their contact information by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their plan by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the plan must be provided in the form and manner and at the time specified by the Minister of Health.

Persons in transit

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

Information — countries

3.3 (1) Every person who enters Canada must disclose to the Minister of Health, screening officer or quarantine officer the countries that they were in during the 14-day period before the day on which they enter Canada.

Information and evidence of vaccination

(2) Every person who enters Canada must

Extraordinary circumstances

(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirements referred to in subsection (2), in which case the person must follow the instructions of the quarantine officer.

Elements — evidence of vaccination

(4) Subject to subsection (5), the evidence of COVID-19 vaccination means evidence issued by a non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, by a government or by an entity authorized by a government, and must contain the following information:

Evidence of vaccination — translation

(5) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.

Timing — countries

(6) A person who is required to provide the information referred to in subsection (1) must do so,

Timing — COVID-19 vaccination

(7) A person who is required to provide the information referred to in paragraph (2)(a) or the evidence of COVID-19 vaccination referred to in paragraph (2)(b) must do so,

Electronic means

(8) A person who enters Canada must provide the information referred in subsection (1) and paragraph (2)(a) and the evidence of COVID-19 vaccination referred to in paragraph (2)(b) that they are required to provide by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their information by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the information must be provided in the form and manner and at the time specified by the Minister of Health.

Evidence of vaccination — retention

(9) Every person who enters Canada and who is required to provide evidence of COVID-19 vaccination must, during the applicable period referred to in paragraph 2.5(1)(a),

Answers, information and records

(10) Every person who enters Canada must, for the purposes of the administration of this Order, before entering Canada and during the applicable period referred to in 2.5(1)(a),

Designation

(11) The Chief Public Health Officer may designate any person as a public health official.

Mask

3.4 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the applicable period referred to in 2.5(1)(a), wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19,

Persons not subject to quarantine

(2) Every person who enters Canada and who, under section 4.5, subsection 4.7(1), section 4.8, subsection 4.9(1) or section 4.91, 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,

Exempted persons

(3) This section does not apply to

PART 4

Quarantine of Asymptomatic Persons

Requirements — quarantine

4.1 Every person who enters Canada and who does not exhibit signs and symptoms of COVID-19 must quarantine themselves without delay in accordance with the 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

Additional requirements

4.2 A person who is required to quarantine under this Order must

Unable to quarantine

4.3 (1) A person who is required to quarantine under this Order is considered unable to quarantine themselves if

Quarantine facility or other suitable place

(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 4.1 or subsection 4.92(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 that begins on the day on which the person enters Canada or the period referred to in subsection 4.92(3), in order to quarantine themselves in a place that meets the conditions set out in section 4.1 and must, if applicable, meet the requirements set out in section 4.2.

Choice of quarantine facility

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

Unable to quarantine — additional requirements

4.4 A person referred to in subsection 4.3(2) or (3) must,

Exempted persons — quarantine

4.5 Sections 4.1 to 4.4 do not apply to a person referred to in Table 1 of Schedule 2 if

Exempted persons — medical reason

4.6 (1) Sections 4.1 to 4.4 do not apply to a person

Accompanying person

(2) If the person exempted 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.

Other cases

(3) The requirements set out in sections 4.1 to 4.4 do not apply to a person if

Exempted persons — compassionate grounds

4.7 (1) Subject to subsection (3), sections 4.1, 4.3 and 4.4 do not apply to a person if the Minister of Health

Conditions

(2) Subsection (1) applies while the person engages in one of the activities referred to in paragraph (1)(a) and if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.

Exempted persons

(3) Subsection (1) does not apply to a person who

Orders made under Quarantine Act

(4) For the purposes of any order made under section 58 of the Quarantine Act, the non-application of sections 4.1, 4.3 and 4.4 under this section is a limited release from the requirement to quarantine on compassionate grounds.

Exempted persons — fully vaccinated persons

4.8 Sections 4.1 to 4.4 do not apply to a fully vaccinated person who enters Canada if

Exempted persons — less than 12 years of age

4.9 (1) Sections 4.1 to 4.4 do not apply to a person who is not a fully vaccinated person, who is less than 12 years of age and who meets the conditions set out in subsection (2).

Conditions

(2) The applicable conditions for the person referred to in subsection (1) are that

Contraindication

4.91 (1) For the purposes of this section, a contraindication to a COVID-19 vaccine dosage regimen is a medical reason that prevents a person in a class of persons from completing a COVID-19 vaccine dosage regimen according to

Exempted persons — persons with contraindications

(2) Sections 4.1 to 4.4 do not apply to a person 12 years of age or older and who is not a fully vaccinated person if

Evidence — translation

(3) The evidence referred to in paragraph (2)(a) must be in English or French and any translation into English or French must be a certified translation.

Evidence — retention

(4) Every person who enters Canada and who is required to have in their possession the evidence referred to in paragraph (2)(a) must, during the applicable period referred to in paragraph 2.5(1)(a),

Signs and symptoms or positive test result

4.92 (1) Every person, other than a person referred to in subsection 4.9(1), who develops signs and symptoms of COVID-19 or receives a positive result for any type of COVID-19 test before the expiry of the 14-day period that begins on the day on which the person enters Canada must

Persons less than 12 years of age

(2) If the person referred to in subsection 4.9(1) develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test before the expiry of the 14-day period that begins on the day on which the person enters Canada,

Exposure to a person

(3) Every person who enters Canada after travelling with a person who exhibits signs and symptoms of COVID-19 or receives a positive result for any type of COVID-19 test, before the expiry of the 14-day period that begins on the day on which the person enters Canada, must quarantine themselves in a place that meets the conditions set out in section 4.1 and must meet the requirements set out in Part 4 during the 14-day period that begins on the day on which the person was most recently exposed to the other person.

Exception — leaving Canada

4.93 A person to whom section 4.1 or 4.3 or subsection 4.92(3) applies may leave Canada before the expiry of the 14-day period set out in those provisions only if they quarantine themselves until they depart from Canada.

PART 5

Isolation of Symptomatic Persons

Requirements — isolation

5.1 (1) Every person who enters Canada and who has reasonable grounds to suspect they have COVID-19, exhibits signs and symptoms of COVID-19, knows that they have COVID-19 or has received a positive result for any type of COVID-19 test that was performed on a specimen collected within a period of 10 days before the day on which they enter Canada or on the day on which they enter Canada must isolate themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer in a place that meets the conditions set out in subsection (2) and remain in isolation until the expiry of the 10-day period that begins on the day on which the person enters Canada or any other applicable isolation period.

Place of isolation — conditions

(2) The applicable conditions for the place of isolation are the following:

Additional requirements

5.2 A person who is required to isolate under this Order must

Unable to isolate

5.3 (1) A person referred to in subsection 4.92(1) or (2), or 5.1(1) is considered unable to isolate themselves if

Quarantine facility or other suitable place

(2) A person who, at the time of entry into Canada or at any other time during the applicable isolation period referred to in subsection 4.92(1) or (2), or 5.1(1), 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 applicable isolation period, in order to isolate themselves in a place that meets the conditions set out in subsection 5.1(2) and must, if applicable, meet the requirements set out in section 5.2.

Choice of quarantine facility

(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the factors set out in subsection 4.3(4), with any necessary modifications.

Unable to isolate — additional requirements

5.4 The person referred to in subsection 5.3(2) or (3) must

Exempted persons — medical reason

5.5 (1) Sections 5.1 to 5.4 do not apply to a person who meets the requirements set out in subsection (3)

Accompanying person

(2) If the person to whom isolation requirements do not apply under subsection (1) is a dependent child, the exception in that subsection extends to one other person who accompanies the dependent child.

Requirements

(3) For the purposes of subsection (1) and (2), the person must

Other cases

(4) The requirements set out in sections 5.1 to 5.4 do not apply to a person if

Positive result — requirements

5.6 If the person receives a positive result for any type of COVID-19 test while they isolate themselves for a reason other than having received a positive result for any type of COVID-19 test, the associated requirements continue to apply and the period in progress is replaced by a new 10-day isolation period that begins on

Exception — leaving Canada

5.7 A person who must isolate themselves in accordance with this Order cannot leave Canada before the expiry of the applicable isolation period, except in a private conveyance and at the discretion of and in accordance with the instructions of a quarantine officer.

PART 6

Powers and Obligations

Powers and obligations

6.1 For greater certainty,

7.11 Paragraph 2.2(1)(a) of this Order is replaced by the following:

7.12 Item 3 of table 1 of Schedule 1 to this Order is replaced by the following:
Item Persons
3 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
  • (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.1(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
7.13 Table 1 of Schedule 1 to this Order is amended by adding the following after item 20:
Item Persons
21 A Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act who
  • (a) is a fully vaccinated person or meets the requirements of section 4.92;
  • (b) enters Canada by aircraft after having left Canada by aircraft or land for a period of 72 hours or less before the aircraft’s initial scheduled departure time to Canada that begins
    • (i) in the case where the person left Canada by aircraft, at the aircraft’s initial scheduled departure time from Canada, or
    • (ii) in the case where the person left Canada by land, at the time the person left Canada; and
  • (c) meets the requirements of paragraph 3.3 (2)(b) and subsections 3.3(3) to (5) and (8) to (10)
22 A person who is less than 12 years of age who
  • (a) enters Canada with one of their parents, step-parents, guardians or tutors and that parent, step-parent, guardian or tutor is a person referred to in item 21; and
  • (b) enters Canada by aircraft after having left Canada by aircraft or land for a period of 72 hours or less before the aircraft’s initial scheduled departure time to Canada that begins
    • (i) in the case where the person left Canada by aircraft, at the aircraft’s initial scheduled departure time from Canada, or
    • (ii) in the case where the person left Canada by land, at the time the person left Canada
7.14 Item 21 of table 1 of Schedule 1 to this Order is replaced by the following:
Item Persons
21 A Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act who
  • (a) is a fully vaccinated person or meets the requirements of section 4.91;
  • (b) enters Canada by aircraft after having left Canada by aircraft or land for a period of 72 hours or less before the aircraft’s initial scheduled departure time to Canada that begins
    • (i) in the case where the person left Canada by aircraft, at the aircraft’s initial scheduled departure time from Canada, or
    • (ii) in the case where the person left Canada by land, at the time the person left Canada; and
  • (c) meets the requirements of paragraph 3.3 (2)(b) and subsections 3.3(3) to (5) and (8) to (10)
7.15 Item 3 of table 2 of Schedule 1 to this Order is replaced by the following:
Item Persons
3 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
  • (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.2(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
7.16 Table 2 of Schedule 1 to this Order is amended by adding the following after item 34:
Item Persons
35 A Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act who
  • (a) is a fully vaccinated person or meets the requirements of section 4.92;
  • (b) enters Canada by land after having left Canada by aircraft or land for a period of 72 hours or less that begins
    • (i) in the case where the person left Canada by aircraft, at the aircraft’s initial scheduled departure time from Canada, or
    • (ii) in the case where the person left Canada by land, at the time the person left Canada; and
  • (c) meets the requirements of paragraph 3.3 (2)(b) and subsections 3.3(3) to (5) and (8) to (10)
36 A person who is less than 12 years of age who
  • (a) enters Canada with one of their parents, step-parents, guardians or tutors and that parent, step-parent, guardian or tutor is a person referred to in item 35; and
  • (b) enters Canada by land after having left Canada by aircraft or land for a period of 72 hours or less that begins:
    • (i) in the case where the person left Canada by aircraft, at the aircraft’s initial scheduled departure time, or
    • (ii) in the case where the person left Canada by land, at the time the person left Canada; and
7.17 Item 35 of Table 2 of Schedule 1 to this Order is replaced by the following:
Item Persons
35 A Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act who
  • (a) is a fully vaccinated person or meets the requirements of section 4.91;
  • (b) enters Canada by land after having left Canada by aircraft or land for a period of 72 hours or less that begins
    • (i) in the case where the person left Canada by aircraft, at the aircraft’s initial scheduled departure time from Canada, or
    • (ii) in the case where the person left Canada by land, at the time the person left Canada; and
  • (c) meets the requirements of paragraph 3.3 (2)(b) and subsections 3.3(3) to (5) and (8) to (10)
7.18 Item 3 of table 3 of Schedule 1 to this Order is replaced by the following:
Item Persons
3 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
  • (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.21(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
7.19 Item 4 of table 1 of Schedule 2 to this Order is replaced by the following:
Item Persons
4 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
  • (b) the requirement to quarantine themselves in accordance with section 4.1 of this Order would adversely affect the ability of the person to provide the essential service
7.20 Item 4 of table 2 of Schedule 2 to this Order is replaced by the following:
Item Persons
4 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) there are compelling reasons, based on public interest, for their entry to provide an essential service; and
  • (b) the requirement to undergo a COVID-19 molecular test in accordance with subsection 2.3(1) or (1.2) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
7.21 Item 30 of Table 2 of Schedule 2 to this Order is replaced by the following:
Item Persons
30 A person who provides to the screening officer or quarantine officer evidence of a COVID-19 molecular test indicating that they received a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before their entry into Canada or before the aircraft’s initial scheduled departure time

Cessation of Effect

January 31, 2022

7.22 This Order ceases to have effect at 00:01:00 Eastern Standard Time on January 31, 2022.

Repeal

7.23 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 3 is repealed.

Coming into Force

November 21, 2021

7.24 (1) Subject to subsections (2) and (3), this Order comes into force at 00:01:00 Eastern Standard Time on November 21, 2021.

November 30, 2021

(2) Sections 7.11, 7.13 and 7.16 come into force at 00:01:00 Eastern Standard Time on November 30, 2021.

January 15, 2022

(3) Sections 7.1, 7.12, 7.14, 7.15 and 7.17 to 7.21 come into force at 00:01:00 Eastern Standard Time on January 15, 2022.

SCHEDULE 1

(Subsections 2.1(2), 2.2(2) and 2.21(2)

Exempted Persons — COVID-19 Molecular Test Before Entering Canada

TABLE 1
Entering by Aircraft
Item Persons
1 A person who is less than five years of age
2 A crew member
3 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) the person or any member of a class of persons enters Canada to provide an essential service; and
  • (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.1(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
4 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
5 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 enter Canada
6 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 an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person
7 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 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
8 A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.1(1) of this Order to provide evidence of a COVID-19 molecular test is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
9 A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces
10 A member of an air crew of a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing mission-essential duties as a member of that force
11 A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with all conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
12 A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a health care practitioner in Canada who is licensed to practise their profession in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
13 A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
14 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with all conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
15 A person who enters Canada by aircraft and who is not required under the Aeronautics Act to provide the evidence referred to in subsection 2.1(1) of this Order
16 Any person who takes a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test to be administered to the person before boarding the aircraft for the flight to Canada
17 A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada, who has been denied entry into a foreign country and who must board a flight destined to Canada
18 A person who plans to arrive at a Canadian airport on board an aircraft in order to transit to another country and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada
19 A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in another country and who, if they are not a fully vaccinated person, does 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
20 A person who made a claim for refugee protection when entering Canada from the United States
TABLE 2
Entering by Land
Item Persons
1 A person who is less than five years of age
2 A crew member
3 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) the person or any member of a class of persons enters Canada to provide an essential service; and
  • (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.21) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
4 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
5 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 enter Canada
6 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 an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person
7 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 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
8 A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.2(1) of this Order is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
9 A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces
10 A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with all conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
11 A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a health care practitioner in Canada who is licensed to practise their profession in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
12 A person in the trade or transportation sector who is important for the movement of goods or people, including a truck driver or crew member on any aircraft, shipping vessel or train, who enters Canada for the purpose of performing their duties as a member of that sector
13 A person who enters Canada at a land border crossing in either of the following circumstances:
  • (a) the person was denied entry into the United States at the land border crossing;
  • (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
14 A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in the United States and who, if they are not a fully vaccinated person, does 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
15 A habitual resident of the remote communities of Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
16 A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who seeks to enter Canada to carry out everyday functions within neighbouring communities of their community, if the person intends to remain in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country
17 A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remains in those communities while in the United States
18 A fully vaccinated person who enters Canada from the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington
19 A fully vaccinated person who
  • (a) enters the remote community of Campobello Island, New Brunswick by land via the United States after having left mainland Canada; or
  • (b) enters mainland Canada by land via the United States after having left Campobello island, New Brunswick
20 A habitual resident of an integrated transborder 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 everyday functions within that community
21 A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
22 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 institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from sections 4.1 and 4.3 of this Order
23 A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 22 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 mask while outside the conveyance
24 A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution and who, if they are not a fully vaccinated person, does 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
25 A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 24 or picking the student up from that institution 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 that institution and they wore a mask while outside the conveyance
26 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
27 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 mask while outside the conveyance
28 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 mask while outside the conveyance
29 A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having been in the United States only to access the necessities of life from the closest American community where such necessities of life are available
30 A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
31 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with all conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
32 A person who, in extraordinary circumstances, is released by a quarantine officer from the requirement referred to in subsection 2.2(1) of this Order, in which case the person must follow the instructions of the quarantine officer
33 A habitual resident of a place in Alaska who enters Canada via Yukon to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
34 A person who made a claim for refugee protection when entering Canada from the United States
TABLE 3
Entering by Water
Item Persons
1 A person who is less than five years of age
2 A crew member
3 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) the person or any member of a class of persons enters Canada to provide an essential service; and
  • (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.21(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
4 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
5 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 enter Canada
6 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 an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person
7 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 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
8 A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.21(1) of this Order to provide evidence of a COVID-19 molecular test is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
9 A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces
10 A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with all conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
11 A person in the trade or transportation sector who is important for the movement of goods or people, including a truck driver or crew member on any aircraft, shipping vessel or train, who enters Canada for the purpose of performing their duties as a member of that sector
12 A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in the United States and who, if they are not a fully vaccinated person, does 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
13 A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who seeks to enter Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country
14 A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remained in those communities while in the United States
15 A habitual resident of an integrated transborder 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 everyday functions within that community
16 A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
17 A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having been in the United States only to access the necessities of life from the closest American community where such necessities of life are available
18 A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
19 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with all conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
20 A person who, in extraordinary circumstances, is released by a quarantine officer from the requirement referred to in subsection 2.21(1) of this Order, in which case the person must follow the instructions of the quarantine officer
21 A habitual resident of a place in Alaska who enters Canada via Yukon to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
22 A person who enters Canada by water on board a Safety Convention vessel as defined in section 2 of the Canada Shipping Act, 2001, that is not a pleasure craft as defined in that section, nor a vessel that carries passengers, if the Safety Convention vessel has been travelling for more than 72 hours before arriving at its destination in Canada
23 A person who made a claim for refugee protection when entering Canada from the United States

SCHEDULE 2

(Subsections 2.3(4) and 3.2(2) and section 4.5)

Exempted Persons — Various Requirements

TABLE 1
Quarantine
Item Persons
1 A person referred to in paragraph (a) or (b) of the definition crew member in section 1.1 of this Order
2 A person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response
3 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 that force
4 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) the person or any member of a class of persons enters Canada to provide an essential service; and
  • (b) the requirement to quarantine themselves in accordance with section 4.1 of this Order would adversely affect the ability of the person to provide the essential service
5 A person or any member of a class of persons for whom the release from the requirements set out in section 4.1 of this Order to quarantine themselves, 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 all conditions imposed on them by the relevant Minister and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
6 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
7 A person who enters Canada for the purpose of providing medical care, transporting or collecting essential medical equipment, supplies or means of treatment, or delivering, installing, maintaining or repairing medically necessary equipment or devices and who, if they are not a fully vaccinated person, does 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
8 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, as long as they remain under medical supervision for the 14-day period that begins on the day on which they enter Canada
9 A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a health care practitioner in Canada who is licensed to practise their profession in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
10 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 and who, if they are not a fully vaccinated person, does 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
11 A health care practitioner licensed to practise their profession with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner and who, if they are not a fully vaccinated person, does 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
12 A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada on board a Canadian fishing vessel or a foreign fishing vessel, as those terms are 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 of the vessel and exchange of crew
13 A habitual resident of an integrated transborder 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 everyday functions within that community
14 A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
15 A person who enters 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
16 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 institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from sections 4.1 and 4.3 of this Order
17 A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 16 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 mask while outside the conveyance
18 A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution and who, if they are not a fully vaccinated person, does 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
19 A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 18 or picking the student up from that institution 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 that institution and they wore a mask while outside the conveyance
20 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
21 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 mask while outside the conveyance
22 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 mask while outside the conveyance
23 A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not transit from Canada to a community in the United States other than their community or to another country
24 A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remains in those communities while in the United States
25 A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available
26 A person who enters Canada in a conveyance at a land border crossing in either of the following circumstances, if neither the person nor any other person in the conveyance left the conveyance while outside Canada:
  • (a) the person was denied entry into the United States at the land border crossing;
  • (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
27 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 all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
28 A person or any person in a class of persons for whom the release from the requirements set out in section 4.1 of this Order to quarantine themselves, as determined by the Chief Public Health Officer, does not pose a risk of significant harm to public health, if the person complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
TABLE 2
Undergoing Tests in Canada
Item Persons
1 A person referred to in paragraph (a) or (b) of the definition crew member in section 1.1 of this Order
2 A person who enters Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response
3 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 that force
4 A person or any member of a class of persons who complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 and if, as determined by the Chief Public Health Officer,
  • (a) the person or any member of a class of persons enters Canada to provide an essential service; and
  • (b) the requirement to undergo a COVID-19 molecular test in accordance with subsection 2.3(1) or (1.2) of this Order would adversely affect the ability of the person to provide the essential service
5 A person or any member of a class of persons referred to in item 5 of Table 1 of Schedule 2 for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test is, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, in the national interest, if the person complies with all conditions imposed on them by the relevant Minister and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
6 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
7 A person who enters Canada for the purpose of providing medical care, transporting or collecting essential medical equipment, supplies or means of treatment, or delivering, installing, maintaining or repairing medically necessary equipment or devices and who, if they are not a fully vaccinated person, does 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
8 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, as long as they remain under medical supervision for the 14-day period that begins on the day on which they enter Canada
9 A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
  • (a) written evidence from a health care practitioner in Canada who is licensed to practise their profession in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
  • (b) written evidence from a health care practitioner in the foreign country who is licensed to practise their profession in the foreign country, indicating that the services or treatments were provided in that country
10 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 and who, if they are not a fully vaccinated person, does 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
11 A health care practitioner licensed to practise their profession with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner and who, if they are not a fully vaccinated person, does 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
12 A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada on board a Canadian fishing vessel or a foreign fishing vessel, as those terms are 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 of the vessel and exchange of crew
13 A habitual resident of an integrated transborder 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 everyday functions within that community
14 A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States
15 A person who enters 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
16 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 institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from sections 4.1 and 4.3 of this Order
17 A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 16 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 mask while outside the conveyance
18 A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution and who, if they are not a fully vaccinated person, does 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
19 A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 18 or picking the student up from that institution 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 that institution and they wore a mask while outside the conveyance
20 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
21 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 mask while outside the conveyance
22 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 mask while outside the conveyance
23 A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available
24 A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not transit from Canada to a community in the United States other than their community or to another country
25 A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remained in those communities while in the United States
26 A person who enters Canada in a conveyance at a land border crossing in either of the following circumstances, if neither the person nor any other person in the conveyance left the conveyance while outside Canada:
  • (a) the person was denied entry into the United States at the land border crossing;
  • (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
27 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 all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
28 A person or any person in a class of persons for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test does not, as determined by the Chief Public Health Officer, pose a risk of significant harm to public health, if the person complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19
29 A person who is less than five years of age
30 A person who provides to the screening officer or quarantine officer evidence of a COVID-19 molecular test indicating that they received a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 180 days before their entry into Canada or before the aircraft’s initial scheduled departure time
31 Any person who boards a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test on entry into Canada
32 Any person who undergoes a test referred to in subsection 2.4(1) of this Order
33 A habitual resident of Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
34 A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test in Canada is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19
35 A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
36 A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with all conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19
37 An accredited person and a person holding a D1, O1 or C1 visa entering Canada to take up a post and become an accredited person
38 A diplomatic or consular courier
39 A habitual resident of a place in Alaska who enters Canada via Yukon to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada
40 A person who enters Canada by water

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. 2021-904 of the same title, which came into force on September 15, 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) [the Non-U.S. Entry Order] and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) [the U.S. Entry Order] and any related interim order made under the Aeronautics Act to minimize the risk of importing COVID-19.

Except for the provisions of this Order that will come into force at 00:01:00 EST on November 30, 2021, and at 00:01:00 EST on January 15, 2022, as detailed under the “Implications” section, this Order will be in effect from 00:01:00 EST on November 21, 2021, until 00:01:00 EST on January 31, 2022.

Objective

This Order, like its predecessor, maintains 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 continues to require all persons who enter Canada, whether by air, land, or water, to provide accurate contact information for the first 14 days in Canada, and to answer questions to determine if they have signs or symptoms of COVID-19. The Order maintains all requirements for all unvaccinated travellers to have a negative COVID-19 molecular test result before entering Canada (or proof of prior infection), to undergo testing when entering and once again later in the 14-day post entry period, and to quarantine upon entry into Canada, subject to limited exceptions. Under this Order, the mandatory traveller declarations on vaccination status, proof of vaccination, and the modified quarantine and testing requirements for fully vaccinated persons remain.

This Order contains substantive amendments to reduce some border measures and align with other emergency orders made under the Quarantine Act as well as other domestic measures to prevent the spread of COVID-19. All changes to the Order are described under the “Implications” section. The new Order extends the duration of the measures until January 31, 2022.

Background

COVID-19

COVID-19 is caused by a novel coronavirus capable of causing severe illness, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although 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), SARS-CoV-2 is more contagious than SARS-CoV and MERS-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 two years.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through respiratory droplets and aerosols when an infected person breathes, 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 in some circumstances.

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 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 a median of 5 to 6 days. The time period in which an individual with COVID-19 can transmit the virus is said to be at a maximum of 10 days after symptom onset for immunocompetent people who have COVID-19.

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 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. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus causing COVID-19, which are more transmissible, has further worsened the negative health impacts of COVID-19.

Testing

Testing capabilities have advanced significantly over the past several months. 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 arriving by air to the United States have evidence of a negative pre-departure molecular or antigen test, no more than three days prior to boarding a flight to the United States for fully vaccinated travellers and no more than one day prior to boarding for unvaccinated travellers. The United States does not currently require testing for entry at the land border.

COVID-19 molecular testing, such as polymerase chain reaction (PCR) tests and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests, has a higher sensitivity for detecting COVID-19 over the duration of infection. It is also able to detect most symptomatic and asymptomatic infections. 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.

Individuals infected with COVID-19 may become infectious within 1 to 4 days following their day of exposure (irrespective of symptom onset). A pre-departure COVID-19 molecular test for a round trip originating in Canada that is less than 72 hours would most likely detect a COVID-19 exposure that occurred in Canada. If a traveller is exposed to COVID-19 on a short trip, a pre-departure test may not be able to detect the virus. In light of this evidence, and the generally lower risk posed by fully vaccinated travellers, the Government is making changes to the rules for pre-departure testing for some fully vaccinated travellers taking short trips and returning to Canada. In keeping with a gradual approach to easing border measures and to monitor the impact of this change on public health, for the time being this exemption will be limited to Canadian citizens, permanent residents of Canada, protected persons or persons registered as an Indian under the Indian Act.

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 180 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals, for tests performed up to 180 days prior, should not be considered as evidence of a new infection posing risk, but rather that a person 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. Requiring that prior positive test results be obtained no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious, thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.

Vaccination

Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. The COVID-19 vaccines are very effective at preventing severe illness, hospitalization and death from COVID-19. They also decrease symptomatic and asymptomatic infection, including against the Delta variant, and they will also decrease SARS-CoV-2 transmission, although this effectiveness varies depending on the COVID-19 vaccine product received and may decrease with time since vaccination. Evidence from COVID-19 border testing for the July to October 2021 period indicated that unvaccinated travellers are five times more likely to test positive than travellers who have received a complete course of Government of Canada-recognized vaccines at least 14 days prior to arrival.

Globally, 51% of the world population has received at least one dose, and 40% is fully vaccinated with a COVID-19 vaccine, as of November 9, 2021. While 65.7% of people in high-income countries have been fully vaccinated, only 4.2% of people in low-income countries have received at least one dose. Vaccine accessibility remains a challenge, especially for children and adolescents.

The United States announced as of January 2022 that all inbound foreign national travellers seeking to enter the United States via land ports of entry or ferry terminals — whether for essential or non-essential reasons — must be fully vaccinated for COVID-19 and provide related proof of vaccination. As of November 9, 2021, the Centers for Disease Control and Prevention has reported that over 224 million people in the United States (67.5% of the total population) have received at least one dose of a COVID-19 vaccine, and 194 million people (58.5% of the total population) have been fully vaccinated. By comparison, as of November 11, 2021, over 30 million Canadians (78.4% of the total population) have received at least one dose, and more than 28.6 million (74.7% of the total population) are fully vaccinated. It is important to note that this data specifically references total populations of both countries due to difficulties in acquiring accurate information on the population of individuals who are eligible for a vaccine in the United States (and therefore includes children who are not yet eligible).

The Government of Canada seeks to align exemptions available for international and domestic requirements. In terms of domestic measures, on August 13, 2021, the Government of Canada announced its intent to require COVID-19 vaccination for federal employees and domestic travellers. As of October 30, the Government of Canada requires employers in the federally regulated air, rail, and marine transportation sectors to establish vaccination policies for their employees.

Also, effective October 30, air passengers departing from Canadian airports, travellers on VIA Rail and Rocky Mountaineer trains, and travellers 12 years of age and older on non-essential passenger vessels on voyages of 24 hours or more, such as cruise ships, need to be vaccinated or show a valid COVID-19 molecular test within 72 hours of travel. By November 30, all domestic travellers must be fully vaccinated, with very limited exceptions to address specific situations, such as emergency travel, and those medically unable to be vaccinated.

Canada’s current list of accepted vaccines includes five of eight vaccines on the WHO Emergency Use Listing (EUL).

Other measures

Even at current levels of vaccination coverage, core public health and personal protective measures, such as limiting travel and contacts in public places, continue to be important for managing the increases in COVID-19 cases, protecting the vulnerable, and reducing the risk of overwhelming health care capacity.

Wearing masks in public places is an effective public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.

COVID-19 situation globally

The cumulative number of COVID-19 cases reported globally is now over 250 million and the number of deaths exceeds 5 million. For the week of November 1 to 7, 2021, the global number of new cases reported was over 3.1 million, a 1% increase as compared to the previous week. The increases in transmission appear to be driven by the circulation of more transmissible variants of concern, easing of domestic public health measures coupled with increased social mixing and low global vaccine coverage. According to the WHO weekly report, as of November 9, 2021, four of the six regions reported a decline (regions of the Americas, South-East Asia, the Western Pacific, and the Eastern Mediterranean), while the other two (Europe and Africa) reported an increase in cases over the last week. The region of Europe reported the highest increase in case reporting (+7%), with 1.9 million new cases (209 per 100 000 population), representing 63% of the cases reported in the previous week.

Despite efforts to extend vaccination coverage, many countries across all six WHO Regions continue to experience surges in COVID-19 cases predominantly among unvaccinated groups. As of November 9, 2021, the countries reporting the highest number of cases in the previous seven days were the United States (510 968 new cases; 3% decrease), the Russian Federation (281 305 new cases; 3% increase), the United Kingdom (252 104 new cases; 12% decrease), Turkey (197 335 new cases; 8% increase), and Germany (169 483 new cases; 29% increase).

In many countries, the spread of more contagious variants of concern has contributed to increased transmission. In the winter of 2021, variants of the virus, which are more transmissible, were detected in the United Kingdom, South Africa, Brazil and India, and have spread to many countries around the globe, including Canada and the United States. Globally, cases of the B.1.1.7 (Alpha) variant have been reported in 194 countries, territories or areas (hereafter, countries); 141 countries have reported cases of the B.1.351 (Beta) variant; 92 countries have reported cases of the P.1 (Gamma) variant; and 174 countries have reported cases of the B.1.617 (Delta) variant. Of 814 165 sequences uploaded to GISAID with specimens collected in the last 60 days, 810 946 (99.6%) were Delta, 1 163 (0.1%) Gamma, 400 (<0.1%) Alpha, 23 (<0.1%) Beta, and 0.2% comprised other circulating variants (including variants of concern C.37 [Lambda] and B.1.621 [Mu]).

The Delta variant is of particular concern given it is approximately 50% more transmissible than Alpha, and has become the predominant variant in Canada, the United States and the United Kingdom. Delta has caused the majority of new cases in all three countries, and has driven significant resurgences in the United States and the United Kingdom among unvaccinated persons. Based on the latest Canadian data from 12 provinces and territories for the eligible population 12 years or older, from September 19 to October 16, 2021, and adjusting for age, average weekly rates indicate that unvaccinated people were significantly more likely to be hospitalized with COVID-19 compared to fully vaccinated people.

Even people who have received one dose of a two-dose vaccination schedule, though more protected than unvaccinated individuals, are still at higher risk of infection from Delta compared to other strains of COVID-19. However, vaccine effectiveness against illness caused by Delta is similar to that for other strains of COVID-19 after two doses, underlining the importance of full vaccination.

The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country’s COVID-19 risk. At this time, it is the view of the Government of Canada that 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. With inequities globally with regard to vaccine access, efforts to prevent and control the spread of COVID-19 and variants of concern continue.

On October 21, 2021, the Government of Canada removed the global Level 3 COVID-19 travel health notice and recommended that all eligible travellers complete a COVID-19 vaccine series in Canada before travelling, due to unvaccinated travellers’ increased risk of being infected with the virus that causes COVID-19 when travelling internationally.

The increased transmission associated with these variants increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions were to be broadly lifted at this time. However, with increasing vaccination rates and evidence of decreased transmission from fully vaccinated individuals, there are good public health justifications to continue to carefully and partially ease Canada’s border restrictions for fully vaccinated travellers eligible to enter Canada.

COVID-19 situation in Canada

Canada is experiencing a fourth wave, driven by the Delta variant, with an increase in national case reporting over the last week, though there is regional variability. The number of people experiencing severe and critical illness has declined slightly in recent weeks but remains elevated. A complete two-dose series of a COVID-19 vaccine provides moderately good protection against infection and very good protection against severe illness; achieving high (complete) vaccination coverage across the population is essential to reduce opportunities for Delta to spread. As of November 10, 2021, over 89.6% of the eligible Canadian population had received at least one dose of a COVID-19 vaccine (77.7% of the total population) and over 85.3% were fully vaccinated (74% of the total population).

As of November 1, 2021, there have been 368 043 cases involving variants of concern in Canada reported via the national case surveillance system. The B.1.617.2 (Delta) variant, first identified in India, is proving to have the highest transmissibility rates of all variants of concern and has become the dominant variant of concern reported in Canada. The Delta variant is now identified in most provinces and territories. New variants, including C.37 (Lambda) and B.1.621 (Mu), were detected at the Canadian border in August 2021, and are being monitored.

Measures limiting travel into Canada have significantly reduced the number of travel-related COVID-19 cases. Canada has seen a 74% decrease in the number of travellers arriving from the United States in October 2021 compared to October 2019, and a 58% decrease among international travellers arriving from all other countries for the same period.

However, the rate of importation increased in March and April 2021, driven by a number of factors, including the introduction of mandatory Canadian border testing measures that increased case detection, a worsening global situation, a general increase in travel, as well as an increase in the number of imported cases from India and Pakistan. Following the April 22, 2021, implementation of a notice to airmen (NOTAM) that restricted direct flights from India and Pakistan and a Transport Canada interim order that required indirect travellers from these countries to obtain a negative COVID-19 test from a third country, the rate of case importation into Canada decreased in May and remained relatively stable throughout June. In recognition of high rates of COVID-19 cases originating from Morocco, a NOTAM was introduced for this country on August 29, 2021. As the respective COVID-19 situations have improved, Transport Canada has lifted the bans, with the last ban on direct international flights from any one country lifted as of October 29, 2021. Additional public health measures remain in place for persons travelling to Canada directly from India.

The introduction of post-border testing has led to improved case detection and the current number of reported imported cases is therefore likely a closer approximation of the true estimate of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021.

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. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19, including new variants of concern, into Canada, as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, can help further reduce the introduction and spread of COVID-19 or new variants of concern in Canada.

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.

Between February 3, 2020, and September 15, 2021, 67 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.

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, vaccination programs and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families.

With more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence and precautionary approach to its border measures for travellers entering Canada.

The Government of Canada’s phased approach to easing border measures for fully vaccinated travellers is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally. On July 5, 2021, fully vaccinated travellers eligible to enter Canada were granted an exemption from quarantine, subject to meeting the applicable requirements, including providing evidence of proof of vaccination. Then, on August 9, 2021, fully vaccinated American citizens and permanent residents arriving from the United States were allowed entry for optional or discretionary purposes and exempted from quarantine subject to conditions, and as of September 7, 2021, fully vaccinated foreign nationals from all countries were allowed to enter Canada for optional or discretionary purposes and exempted from quarantine, subject to conditions.

Vaccines are a critical tool in supporting the resumption of fuller societal functioning and to safely achieve widespread immunity. Full vaccination is associated with decreases in hospitalizations and deaths (and corresponding decreased strain on critical care resources) and a reduction in severe outcomes of infection in the most vulnerable, including the elderly. Data demonstrates that vaccinated persons are also less likely to become infected with COVID-19, and to transmit the virus. Restricting the entry of unvaccinated travellers remains an important strategy for preventing the introduction of new variants and the spread of COVID-19 in Canada. As access to vaccination has increased, especially in the United States, Canada will be seeking to further reduce entry of non-vaccinated foreign nationals, including those travelling for non-discretionary purposes. This is consistent with the evidence of the effectiveness of vaccination and the greater public health risks associated with the entry of unvaccinated travellers. In addition, the Government of Canada intends to align, where appropriate, rules for domestic and international travel, particularly with respect to exemptions, in order to streamline border processes.

Implications

Key impacts for persons entering Canada

The majority of quarantine and testing exemptions will remain in place on November 21, 2021. However, against the backdrop of increasing global vaccination rates and vaccine efficacy, as well as the more stringent domestic travel measures to further limit the introduction and spread of COVID-19, the Government of Canada will reduce the entry exemptions available to unvaccinated travellers as of January 15, 2022, and make corresponding changes to this Order.

As was the case under the previous Order, before entering Canada, all travellers arriving by land, air and water are generally required to submit information on the countries they were in during the 14 days prior to entry. They are also required to provide accurate contact information and quarantine plans, or only their contact information if they are listed as a person exempted from quarantine in Schedule 2, Table 1, of the Order. This information, and other mandatory electronic information submissions, must generally be provided to the Minister of Health by the electronic means specified by the Minister, namely ArriveCAN, the official application/web portal for all electronic submissions required under the Order.

The Order amends the scope of acceptable evidence of COVID-19 vaccination to mean evidence issued by a non-government entity authorized to issue such evidence in the jurisdiction in which the vaccine was administered, or evidence issued by a government or a non-government entity authorized by a government to issue evidence of COVID-19 vaccination.

The authority of the Chief Public Health Officer to implement an alternative testing protocol for designated persons or classes of persons will be extended as of November 21, 2021, to include pre-arrival COVID-19 molecular tests when entering Canada, whether by air, land or water, to provide the Chief Public Health Officer with flexibility to adjust pre-arrival testing measures based on scientific evidence, as required.

Technical amendments are made under the Order to clarify that children under 12 years of age entering with a fully vaccinated parent or guardian and persons with medical contraindications to vaccination are subject to both an on-arrival (day 1) and post-arrival (day 8) COVID-19 molecular test in Canada.

In addition to the existing quarantine exemption for persons who have a medical contraindication to COVID-19 vaccination according to the vaccine product monograph, the Order now enables the Minister of Health, on the recommendation of the Chief Public Health Officer, to designate classes of persons who have a contraindication that prevents their being vaccinated against COVID-19 due to a medical reason. Such persons with medical contraindications will generally remain subject to both an on-arrival (day 1) and post-arrival (day 8) COVID-19 molecular test in Canada, but will not be required to quarantine, so long as they meet applicable requirements, including providing evidence of their medical contraindication.

Under the Order, fully vaccinated persons who enter Canada from the remote communities of Point Roberts, Washington, Hyder, Alaska, Northwest Angle, Minnesota, and those entering the United States to transit between Campobello Island, New Brunswick, and mainland New Brunswick are exempt from the pre-arrival testing requirement.

The Order will continue to exempt fully vaccinated travellers from the requirement to quarantine, as long as they have complied with all necessary requirements. These generally include a pre-arrival COVID-19 molecular test; provision of COVID-19 vaccination information in ArriveCAN (prior to boarding for foreign nationals arriving by air; before entering Canada for Canadian citizens and other persons with right of entry arriving by air; before entering Canada when arriving by land; or before or when entering Canada by water); and undergoing any required post-arrival molecular test. Unvaccinated persons will continue to require a pre-arrival COVID-19 molecular test; they will also continue to be required to quarantine for 14 days from the day upon which they entered Canada, and undergo testing when entering and once again later in the 14-day post-entry period, subject to limited exceptions.

Effective 00:01:00 EST on November 30, 2021, the following changes will take place under this Order.

Fully vaccinated Canadian citizens, permanent residents of Canada, and persons registered under the Indian Act will no longer be required to provide proof of a negative COVID-19 molecular test taken within 72 hours prior to boarding a flight or upon arrival at a land border, when travelling outside of Canada for less than 72 hours. This provision applies to travellers leaving Canada by air or land and arriving in Canada from any country either by air or land, and extends to accompanying children under the age of 12 and travellers with medical contraindications. In all other cases, unless otherwise exempt, all travellers entering Canada will continue to be required to submit proof of a negative COVID-19 molecular test taken within 72 hours prior to boarding a flight, or entering Canada by land, or a positive COVID-19 test result taken within 14 to 180 days (or 10 to 180 days effective January 15, 2022).

Unvaccinated travellers leaving Canada will no longer be able to use a COVID-19 molecular test taken in Canada to meet the pre-departure test requirement for land entry to Canada on their return. Instead, where required, the traveller must take the pre-departure test in the United States.

Effective 00:01:00 EST on January 15, 2022, the following changes will take place under this Order.

The Order makes amendments to certain provisions pertaining to testing and quarantine. A prior positive COVID-19 molecular test, in place of a negative pre-boarding or pre-arrival COVID-19 molecular test result, must be carried out on a specimen collected within 10 to 180 days prior to boarding a flight or before entering Canada (as applicable), as compared to the previous 14 to 180 days. The requirements for negative pre-arrival test results remain unchanged. Furthermore, travellers who do not submit a valid pre-boarding test result will no longer be necessarily directed to a quarantine facility or a place of quarantine, provided they undergo any applicable COVID-19 molecular tests in Canada and can meet all other conditions to quarantine or isolate at their suitable place.

The Order also clarifies that any traveller who develops signs and symptoms of COVID-19 or receives a positive test result during the 14 days following their entry, regardless of vaccination status, must report this to the Minister of Health, screening officer or quarantine officer and isolate for 10 days in accordance with the Order. Instructions are provided online as well as through traveller handouts. In the case of children under 12 years of age, their parent or guardian is responsible for this reporting requirement. Children under 12 years of age entering with a fully vaccinated parent, step-parent or tutor continue to be required to quarantine for 14 days if their guardian tests positive or exhibits signs and symptoms of COVID-19. Likewise, as of January 15, 2022, those who have travelled with someone who exhibits signs and symptoms or tests positive will now be required to quarantine for 14 days, rather than enter a 10-day isolation period, to account for the applicable incubation period.

The exemption from quarantine for international single sport events will be removed as of January 15, 2022, to coincide with changes to the U.S. and non-U.S. entry orders. The Order will enable the Chief Public Health Officer to permit entry of essential service providers, even if unvaccinated, but only if there are compelling public interest reasons for doing so. In addition, the ability of specified ministers to grant national interest exemptions from the prohibition on entry will be maintained.

The new Order will be in effect until January 31, 2022.

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, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government agencies, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.

Contact

Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@phac-aspc.gc.ca