Canada Gazette, Part I, Volume 157, Number 6: ORDERS IN COUNCIL

February 11, 2023

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

Minimizing the Risk of Exposure to COVID-19 in Canada Order

P.C. 2023-75 February 2, 2023

Whereas the Governor in Council is of the opinion that there is an outbreak of a communicable disease, namely COVID-19, in the People’s Republic of China, the Hong Kong Special Administrative Region of the People’s Republic of China and the Macao Special Administrative Region of the People’s Republic of China;

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 the People’s Republic of China, the Hong Kong Special Administrative Region of the People’s Republic of China or the Macao Special Administrative Region of the People’s Republic of China 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, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order under section 58 of the Quarantine Act footnote a.

Minimizing the Risk of Exposure to COVID-19 in Canada Order

Definitions

1 (1) The following definitions apply in this Order.

COVID-19
means the COVID-19 coronavirus disease. (COVID-19)
COVID-19 antigen test
means a COVID-19 screening or diagnostic immunoassay that
  • (a) detects the presence of a viral antigen indicating the presence of COVID-19;
  • (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
  • (c) if the test is self-administered, is observed and produces a result that is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider who provided the test; and
  • (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (test antigénique relatif à la COVID-19)
COVID-19 molecular test
means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
  • (a) if the test is self-administered, is observed and produces a result that is verified
    • (i) in person by an accredited laboratory or testing provider, or
    • (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider who provided the test; or
  • (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (test 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; or
  • (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. (membre d’équipage)
evidence of a COVID-19 antigen test
means written evidence of a COVID-19 antigen test 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 accredited laboratory, or the testing provider, that performed or observed the test and verified the test result;
  • (c) the date the specimen was collected and the test method used; and
  • (d) the test result. (preuve de test antigénique relatif à la COVID-19)
evidence of a COVID-19 molecular test
means written evidence of a COVID-19 molecular test 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 accredited laboratory, or the testing provider, that performed or observed the test and verified the test result;
  • (c) the date the specimen was collected and the test method used; and
  • (d) the test result. (preuve de test moléculaire relatif à la COVID-19)
testing provider
means
  • (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
  • (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services de tests)

Application

(2) For greater certainty, this Order

Pre-boarding COVID-19 test

2 (1) Every person who enters Canada on a flight originating from the People’s Republic of China, the Hong Kong Special Administrative Region of the People’s Republic of China or the Macao Special Administrative Region of the People’s Republic of China must, before boarding the aircraft for the flight to Canada, provide to the aircraft operator evidence of a COVID-19 molecular test or evidence of a COVID-19 antigen test indicating that they received

Non-application

(2) Subsection (1) does not apply to any of the following persons:

Evidence

(3) Every person who enters Canada must

Effective period

3 This Order has effect for the period beginning at 00:01:00 a.m. Eastern Standard Time on February 4, 2023 and ending at 00:01:00 a.m. Eastern Daylight Time on April 5, 2023.

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, is made pursuant to section 58 of the Quarantine Act.

This Order applies to persons entering Canada on a flight itinerary originating from the People’s Republic of China (China), Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong) or Macao Special Administrative Region of the People’s Republic of China (Macao).

The Order is complemented by Transport Canada’s Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 76 made under subsection 6.41(1) of the Aeronautics Act.

This Order will be in effect from 00:01:00 EST on February 4, 2023, until 00:01:00 EDT on April 5, 2023.

Objective

This Order maintains Canada’s efforts to reduce the introduction and further spread of SARS-CoV-2, the virus that causes COVID-19, and its variants, by decreasing the risk of importing cases from outside the country. With these continuing measures, the Government of Canada, in consultation with provinces and territories, is taking a precautionary approach to protect the health and safety of people in Canada and safeguard Canada’s already burdened health care system.

Subject to limited exceptions, this Order requires every person entering Canada on a flight itinerary originating from China, Hong Kong, or Macao to test for COVID-19 prior to boarding their flight in these countries, regardless of vaccination status or nationality.

Background

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.

COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a strain of coronavirus that was novel 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 three years. Information continues to develop and evolve as new variants of the virus emerge.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through respiratory droplets and aerosols that vary in size when an infected person breathes, coughs, sneezes, sings, shouts, or talks. Large droplets fall to the ground rapidly (within seconds or minutes) near the infected person, while smaller droplets, sometimes called aerosols, linger in the air, especially in indoor spaces.

COVID-19 can be a severe, life-threatening disease. Patients with COVID-19 may present with symptoms that may include fever, malaise, dry cough and shortness of breath. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals, unvaccinated persons and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The incubation period, from exposure to onset of symptoms, can vary considerably among those infected, with an estimated median of 5 to 6 days. For the Omicron variant, the incubation period is shorter, an average of 3 days. Approximately 95% of those infected will develop symptoms within 14 days of exposure. Evidence indicates that the majority of individuals infected with COVID-19 who have a healthy immune system may transmit the virus up to 10 days after becoming infectious.

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. On January 27, 2023, the WHO met to re-evaluate its classification of COVID-19 as being a Public Health Emergency of International Concern. A decision of the WHO is expected shortly as to whether to terminate its classification of COVID-19 as being a Public Health Emergency of International Concern. However, the recent outbreaks in China, Hong Kong, and Macao remain of significant concern to Canada. Given the scope of the ongoing outbreaks, the risk of the emergence of a new variant and the absence of reliable surveillance data continue to pose an imminent and severe risk to public health in Canada.

SARS-CoV-2 has demonstrated that it can cause widespread illness if not controlled. 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 new, more transmissible variants of concern, with the latest being the sub-lineage XBB.1.5, has increased the negative health impacts of COVID-19. COVID-19 vaccines are effective at preventing severe illness, hospitalization and death from COVID-19; however, they may be less effective against new variants of concern.

Effective February 28, 2022, the Government of Canada issued a Travel Health Notice, Level 2, meaning that the Government is advising travellers to practise enhanced health precautions when travelling internationally. Additionally, on January 4, 2023, the Government of Canada updated its Travel Health Notice to Level 2 for China concerning the then-upcoming Chinese New Year in January 2023.

COVID-19 situation globally

The cumulative number of COVID-19 cases reported globally is now over 662 million and the number of deaths attributed to COVID-19 exceeds 6.7 million. Though SARS-CoV-2 continues to circulate around the world, due to an increase in vaccination coverage and population immunity, most countries, including Canada, lifted many of their COVID-19 restrictions during the fall months of 2022. Cases and hospitalizations have decreased or stabilized in most G7 countries.

On December 7, 2022, China lifted its strictest “zero-COVID” policies and further removed measures effective January 8, 2023. These measures included the requirement to quarantine or isolate for all inbound travellers, post-arrival testing, and restrictions on the number of international passenger flights into China. Following the initial easing of measures, the WHO stated that there were insufficient data provided by China to validate and assess the epidemiological situation in the country. In response, China has provided some additional information to the WHO, though this information remains limited and very likely under-represents the extent of the outbreak.

For example, on January 14, 2023, China’s National Health Commission (NHC) provided a significant revision of its data, raising the death toll in hospitals since severe coronavirus restrictions were lifted in December 2022 to nearly 60 000. These death toll data represent an under-estimate. Reports indicate that China has been experiencing a dramatic increase of COVID-19 cases since November 2022, with health experts in China predicting three COVID-19 waves: from December 2022 until mid-January 2023, from the Chinese New Year celebrations on January 22, 2023, onward, and from late February to mid-March 2023 as people return to work after the holiday.

As of January 12, 2023, the Chinese text-center for Disease Control and Prevention (CCDC) reported 1 270 000 current hospitalizations in 31 provinces related to COVID-19 infection, including 7 357 severe cases and 96 661 cases with severe underlying medical conditions. For the period of January 10 to 16, 2023, China reported 142 066 newly confirmed cases of COVID-19, representing a decrease of 25.41% compared to the previous week (January 2 to 9, 2023). On January 19, 2023, the CCDC reported 471 739 hospitalized cases of COVID-19 nationwide, including 3 874 severe cases and 47 809 cases with severe underlying medical conditions. These figures represent a decrease of 63%, 47%, and 51% relative to the previous week (January 10–18, 2023). On January 21, 2023, China reported a total of 12 658 COVID-19–related deaths (between January 13 and 19, 2023). According to China’s NHC, the daily number of people presenting at fever clinics peaked at 2.9 million on December 23, 2022, and fell by 94%, to approximately 174 000, on January 17, 2023. This data likely represents an under-estimate of the epidemiological situation in China.

The WHO has requested that the NHC regularly share more specific and real-time data on the country’s epidemiological situation — including more genetic sequencing data, and data on disease impact, including hospitalizations, ICU admissions and deaths — as well as data on vaccination doses administered and vaccination status, especially in vulnerable people and those over 60 years old. The lack of sufficient genomic sequencing sampling and sharing of this data with international partners on an ongoing and timely basis increases the risk of new variants going undetected, in the context of an increased risk of viral evolution tied to overall higher number of recent infections within China, Hong Kong and Macao.

In terms of data available from other sources, for the period of December 30, 2022, to January 6, 2023, Japan has reported that approximately 8% of travellers from China tested positive for COVID-19. From January 2 to 6, 2023, data from the South Korea Disease Control and Prevention Agency shows a test positivity rate of 23.2% for travellers from China. In early January 2023, Canadian missions in the Greater China Network estimated that infection rates in their cities ranged from 60% to 80% of the population. The majority of the Chinese population is located in urban cities (approximately 65% of the population) as compared to approximately 35% residing in rural areas. With increased travel for the Chinese New Year, which began on January 22, 2023, millions of migrant workers, students, and other travellers from the cities travelling to their rural hometowns increase the risk of community transmission. Information provided by Chinese officials predicts that 160 million elderly people with underlying health conditions may need access to antivirals to reduce deaths during or directly following the Chinese New Year.

Several countries, including Canada, have introduced border measures for travellers entering from mainland China and its regions. The United States (U.S.) implemented border measures on January 5, 2023, for travellers entering from China during the surge in COVID-19 cases in China and its regions, due to the lack of adequate and transparent epidemiological and viral genomic sequence data being reported. These measures include requiring pre-departure testing within two days prior to departure for all flights originating from China, Hong Kong, and Macao, as well as those transiting through Toronto Pearson International Airport, Vancouver International Airport, and Seoul Incheon Airport. The U.S. has indicated plans to reassess these border measures only in April 2023.

In addition to the U.S. and Canada, the United Kingdom (U.K.), Italy, France, Japan, South Korea, Australia, Germany, Israel, Chile, Greece, Ghana, India, Qatar, Malaysia, Spain and Sweden similarly require a pre-departure test for travellers entering from mainland China and its regions. As of January 8, 2023, Hong Kong also requires all cross-border travellers from mainland China, Macao and Taiwan to obtain a negative COVID-19 PCR test taken within 48 hours prior of travel.

On January 4, 2023, European Union (EU) and European Economic Area countries agreed on a coordinated precautionary approach in the light of recent COVID-19 developments in China, especially considering the need for sufficient, reliable data and the easing of travel restrictions by China starting on January 8, 2023. The agreement included the setting up of random testing of passengers travelling from China on arrival into EU Member States and the sequencing of all positive results as part of a surveillance protocol to detect virus variants of concern. Japan, the U.K., and Taiwan have implemented on-arrival testing as well. Morocco and North Korea have imposed an entry ban on travellers from China and its regions, regardless of citizenship. Several of these countries have also recently initiated or expanded aircraft and airport national wastewater surveillance programs.

Variants of concern

Since fall of 2020, more transmissible variants of SARS-CoV-2 have been detected in the U.K., South Africa, Brazil, India and multiple other countries. These more transmissible variants have spread to other places around the globe, including the U.S. and Canada. The Omicron variant of concern has a high number of mutations, including mutations in the spike protein, as well as in locations thought to be potential drivers of transmissibility. Omicron and its sub-lineages are able to spread faster than previous variants and have the ability to evade immunity from vaccination and prior infection. To increase immunity, Canada and many countries now use vaccines that target Omicron, which are not in use in China, based on available information.

Canada continues to monitor the international situation, including activity related to Omicron sub-lineages. Clinical sequencing has shown steady increases in immune-evasive Omicron sub-lineages BQ.1, BQ.1.1, and XBB.1.5, while previously dominant BA.5.2 and BA.5.2.1 lineages continued to decline in Canada.

Based on available information, as of January 2023, Omicron and its sub-lineages BF.7 and BA.5.2 are reported as the main lineages circulating in mainland China, but other internationally common sub-lineages BQ and XBB.1.5 are now being reported as well. Variant XBB.1.5 has been detected in Canada and the U.S., and it remains especially high in the U.S. as compared to Canada. However, a variety of Omicron sub-lineages could be present at any given time.

Testing

Testing capabilities advanced significantly over the course of the pandemic. Many countries have reintroduced testing requirements for travellers from specific regions. Although Canada continues to monitor for variants of concern using domestic sample sequencing and shared international data, there are some limitations and time lags. As a precautionary measure, a pre-arrival test requirement for travellers from high-risk regions would help to slow the importation of potential novel variants of concern into Canada before they could be detected and/or categorized.

As is the case with many other viruses, a person may continue to obtain a positive molecular test result for a period of time after their infection, even though they may no longer be considered infectious. The Order continues to allow previously infected individuals to provide evidence of a positive COVID-19 molecular or antigen test result administered or supervised by an accredited laboratory or testing provider, for specimens collected between 10 and 90 days prior to travel. This is not considered evidence of a new infection posing risk, but rather that a person has had a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of a prior positive test result is accepted as an alternative to a negative pre-arrival test result. Requiring that prior positive test results be performed on a specimen collected at least 10 days before the initial scheduled departure (by air) allows 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.

Population immunity

Virus transmission is linked to population immunity. The higher the level of transmission, the more chances the virus has to evolve. The key contributors to the emergence of variants are the number of active infections and their duration within individuals across a population, combined with the frequency of opportunity to transmit to a new host. Despite the fact that immunity wanes over time, COVID-19 vaccination reduces both the number of infections and their duration, thus reducing the number of mutations generated and transmitted within a given population. Consequently, the emergence of variants of concern may be less likely to occur in higher-vaccinated populations.

The Canadian population is highly vaccinated. Eighty percent (80.6%) of the population have completed their primary series of vaccination. Just over fifty percent (50.7%) have received at least one booster dose, while twenty-six percent (26.0%) of adults have completed their primary series or received a booster dose in the last six months. In addition to acquiring immunity through vaccination, since the arrival of the Omicron variant in late 2021, a high proportion (>73%) of the Canadian population has also acquired post-infection immunity as shown by seroprevalence data to the end of November 2022. There are high levels of hybrid immunity and ongoing Omicron transmission domestically.

In comparison, immunity of the Chinese population due to vaccination is thought to be relatively low, even among older adult populations (as of December 2022, 66.4% of the population >80 years have completed a full course of vaccination, and only 40% have received a booster). Currently, eight COVID-19 vaccines have been approved for use in China, consisting of protein subunit, non-replicating viral vector and inactivated vaccines (CanSino Convidencia, CanSino Convidencia-Air, KCONVAC, Sinopharm/Beijing, Sinopharm/Wuhan, Sinovac Coronavac, Zifivax, V-01). mRNA vaccines are not approved for use in mainland China, but are available in Hong Kong and Macao. Based on available data (Institute for Health Metrics and Evaluation), mRNA vaccines generally have higher vaccine effectiveness against severe disease and infection than the vaccines commonly used in China.

COVID-19 situation in Canada

In Canada, COVID-19 case counts have fluctuated for the past several weeks, while hospitalizations are stable but remain elevated and burden remains high. Modelling prepared on January 11, 2023, forecasts plateauing or declining transmission and hospitalizations in all large provinces, and in Canada as a whole. Overall, wastewater trends also indicate a decrease or stabilization of activity with some regional variation.

Overall, the national case trend has been relatively stable in recent weeks, fluctuating around 14 000 cases per week. Total deaths have decreased since early December 2022, and have been fluctuating in January 2023. National-level laboratory test positivity declined to 13.4% in the week January 8 to 14, 2023, down from approximately 15% the weeks of December 25 to 31, 2022, and January 1 to 7, 2023.

Preliminary modelling has highlighted that the potential impacts of China’s reopening on the Canadian health care system are unknown due to the lack of available data. However, reports from Chinese media and non-governmental sources indicate a dramatic increase in the number of cases in China since November 2022. An increase in the number of infected travellers entering Canada may pose a burden on a strained Canadian health care system. Furthermore, infected travellers can cause secondary transmission to household members or the community. To reduce the burden on the Canadian health care system, it is important to reduce the risk of travellers introducing cases of COVID-19 into Canada, including possible new variants of concern, from countries or regions with a risk of outbreak and lack of surveillance that pose an imminent and severe risk to public health in Canada.

Traveller volumes

Over the last four weeks (from December 23, 2022, to January 19, 2023), a combined total of 44 039 travellers entered Canada from mainland China, Hong Kong and Macao via air points of entry. Together, these represent 1.8% of the overall total incoming air volume (from all countries) into Canada during the same period. At the regional level, 15 331 travellers (an average 3 833 arrivals per week) arrived in Canada originating from China (Mainland), 28 581 travellers (an average 7 145 arrivals per week) arrived from Hong Kong, and 127 travellers arrived from Macao (an average 32 arrivals per week).

Over this same four-week period, 46% of travellers arriving in Canada from mainland China entered directly and 54% entered indirectly via a connection (including connections through Hong Kong). Connections were made most often through South Korea (74%), followed by Hong Kong (16%), and Japan (6%). The majority (93%) of travellers arriving in Canada from Hong Kong entered directly and 7% arrived indirectly, connecting most often through Taiwan (47%), Japan (24%), South Korea (12%), and the U.S. (6%). Travellers entering Canada from Macao arrived via indirect flights only, all of which connected through Taiwan. The most common ports of entry in Canada among both direct and indirect arrivals were Vancouver International Airport (56.6% of arrivals from mainland China, 69.3% from Hong Kong, and 53.5% from Macao) and Toronto Pearson International Airport (42.7% of arrivals from mainland China, 30.3% from Hong Kong, and 46.5% from Macao).

Of the combined volume of travellers arriving via flights (direct and indirect) from mainland China, Hong Kong, and Macao over the first two-week period since the implementation of the enhanced screening measures (January 5 to 18, 2023), 15 584 (70%) opted to declare travel history to China, Hong Kong, or Macao in the 10 days prior to their arrival into Canada at the Canada Border Service Agency self-serve kiosks. This does not include travellers who may have transited through China, Hong Kong or Macao.

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 June 27, 2022, 80 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. Together, these measures were effective in significantly reducing the number of travel-related cases. All emergency border measures were lifted on October 1, 2022. On January 5, 2023, the Government of Canada reintroduced border measures for travellers entering Canada on a flight itinerary originating from China, Hong Kong or Macao under emergency order P.C. 2023-0001.

The limited information on the COVID-19 situation in China after the lifting of the COVID-19 measures is cause for concern due to the high number of recent infections being reported. A better understanding of the situation in China and its regions requires more accurate and timely scientific information. In response, the Government of Canada introduced border measures on January 5, 2023, as a precautionary measure. Data availability and reliability remains an ongoing concern since the border measures were first announced on December 31, 2022. Canada will continue to reassess the temporary border measures as more data and evidence become available. Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments.

In addition to the pre-arrival testing requirements of the Order, the Government of Canada will expand its testing of wastewater by implementing a short-term aircraft wastewater testing program for flights coming in directly from China and Hong Kong at Toronto Pearson International Airport and Vancouver International Airport. The main purpose of the pilot project will be to evaluate the feasibility and value of conducting aircraft wastewater testing to identify variants of concerns from emerging from high-risk regions. Specifically, the data will be used to validate whether genomic sequences from sampled aircraft wastewater are similar to those being released by China, or whether variants of concern / variants of interest are emerging. Results from this pilot project will also be compared to other testing approaches such as domestic COVID-19 clinical testing and pooled airplane and airport terminal wastewater sampling.

A decision of the WHO is expected shortly as to whether to terminate its determination of COVID-19 as a Public Health Emergency of International Concern. A communicable disease’s status as a Public Health Emergency of International Concern is only one of the factors considered when assessing the need for emergency border measures under section 58 of the Quarantine Act. The high number of recent COVID-19 infections in China, Hong Kong and Macao, along with the absence of reliable surveillance data (notably with respect to new variants), continue to pose an imminent and severe risk to public health in Canada, and are among the key considerations supporting the making of this Order. Canada will continue monitoring the situation in China and its regions and will consider changing border measures when new data sources are made available.

The Government of Canada recognizes that entry conditions place significant burdens on the Canadian economy, Canadians and their immediate and extended families. The ongoing outbreak and limited data on COVID-19 cases in China, including data on circulating SARS-CoV-2 variants, require a prudent posture pending more accurate and timely scientific information to mitigate the risk to public health in Canada. Extending Canadian border measures will provide time for new data sources to be made available and to allow time for expected domestic waves in China to subside.

The unexpected emergence of novel variants of concern remains a serious public health concern due to high number of recent infections and ongoing transmission in China and lack of reliable data, notably genomic sequencing, being reported by Chinese authorities. Therefore, there is a need to maintain a precautionary approach. With new and possible immune-evasive variants of the virus that causes COVID-19 emerging in countries around the world, the Government of Canada will continue to take a data-driven, scientific evidence-based and precautionary approach to its border measures for travellers entering Canada.

Implications

In response to the epidemiological situation in China and its regions, the Government of Canada is maintaining border measures to prevent new importation and secondary transmission of SARS-CoV-2 and its novel variants of concern in Canada.

The Order continues to require most air travellers who are two years of age and older, entering Canada on flights originating from China, Hong Kong or Macao, to provide to the airline, prior to boarding, evidence of a negative COVID-19 test result taken no more than two days before their initially scheduled flight departure time. The test can be either a molecular test (such as a PCR test) or antigen test that has documentation to show that it has been monitored by a telehealth service or administered by an accredited laboratory or testing provider. Alternatively, travellers who tested positive for COVID-19 at least 10 days but no more than 90 days before their initially scheduled flight departure time can provide the airline with a prior positive test result. There are limited exemptions from this pre-boarding test requirement. This Order does not apply to travellers entering Canada through modes of travel other than air.

As was the case with the previous Order, all travellers subject to the Order are required to retain evidence of their COVID-19 molecular test or antigen test result administered or supervised by an accredited laboratory or testing provider, and to provide that evidence to the Minister of Health, screening officer, or quarantine officer upon request, until they leave the airport in Canada.

The Order includes some technical amendments to add specificity to the preamble, improve readability and better align the English and French versions.

The Order comes into force at 00:01:00 EST on February 4, 2023, and expires at 00:01:00 EDT on April 5, 2023.

Penalties

Failure to comply with this Order is an offence under the Quarantine Act. The maximum penalties for contravention of the Order are a fine of up to $750,000 or imprisonment for up to six months, or both. Non-compliance is also subject to fines under the federal Contraventions Act scheme.

Consultation

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

Contact

Pamela Arnott
Public Health Agency of Canada
Telephone: 343‑574‑2194
Email: pamela.arnott@phac-aspc.gc.ca