Canada Gazette, Part I, Volume 154, Number 18: ORDERS IN COUNCIL

May 2, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-263 April 20, 2020

Whereas the Governor in Council is of the opinion that

• (a) based on the declaration of a pandemic by the World Health Organization, there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
• (b) the introduction or spread of the disease would pose an imminent and severe risk to public health in Canada;
• (c) the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread of the disease in Canada; and
• (d) no reasonable alternatives to prevent the introduction or spread of the disease are available;

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

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

Definition of foreign national

1 In this Order, foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.

Prohibition — signs and symptoms

2 (1) A foreign national is prohibited from entering Canada from the United States if they have COVID-19 or have signs and symptoms of COVID-19 or have reasonable grounds to suspect they have such signs and symptoms, including:

• (a) a fever and cough; or
• (b) a fever and breathing difficulties.

Non-application — certain persons

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

Prohibition — optional or discretionary purpose

3 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.

Prohibition — unable to meet quarantine requirement

4 (1) A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry and the length of their stay, the requirement to quarantine under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 cannot be complied with.

Non-application — certain persons

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

Prohibition — claim for refugee protection

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

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

Non-application — certain persons

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

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

Non-application — order

6 This Order does not apply to

• (a) a person registered as an Indian under the Indian Act;
• (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health; or
• (c) a protected person within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Powers and obligations

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

Repeal of P.C. 2020-0185

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

Effective period

9 This Order has effect for the period beginning on April 22, 2020 and ending on May 21, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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

The Order repeals and replaces Order in Council P.C. 2020-185 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States), which came into force on March 26, 2020.

This Order complements the Order in Council P.C. 2020-184 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States) and P.C.2020-260 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.

This Order will be in effect from April 22, 2020, until May 21, 2020.

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order builds on the previous requirements for entry into Canada, as it continues to prohibit entry into Canada by foreign nationals from the United States (U.S.), with some limited exceptions, for optional or discretionary purposes, including tourism, recreation, and entertainment. Persons who exhibit symptoms of COVID-19 would continue to be prohibited from entering Canada, even if they seek to enter for non-optional or non-discretionary purposes.

This Order repeals and replaces the previous Order restricting entry into Canada from the United States and extends the effective period until May 21, 2020, to continue to protect Canadians from the introduction of COVID-19 from other countries. This Order also addresses the application of the Safe Third Country Agreement (STCA). For claims made at an official land port of entry, the STCA and other applicable provisions of the Immigration and Refugee Protection Act will be applied. This means that those who enter at an official land port of entry and meet an exception under the STCA will be able to enter and make an application for refugee protection. The Order also addresses a concern raised by the Counsel to the Standing Joint Committee for the Scrutiny of Regulations, and removes the requirement for persons seeking to enter Canada from the United States to have been in either Canada or the United States for 14 days prior to entering Canada. This reflects the fact that the situation in the United States has evolved since the making of the previous Order.

Background

COVID-19

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

Coronaviruses are spread among humans primarily through the inhalation of infectious respiratory droplets (e.g. when an infected individual coughs or sneezes) or through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present with 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 underlying medical condition have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. Current treatment is supportive and aimed at relief of symptoms and treatment of associated medical complications.

COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Therefore, information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been limited and based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries across the globe. The science around the virus is still evolving. No vaccine is available to protect Canadians from 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 (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. Currently over 72% of Canadian COVID-19 cases have been determined to result from community transmission.

COVID-19 has demonstrated to date that it can cause widespread illness if not properly contained. Global efforts are focused on containment of the outbreak and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of measures. This Order recognizes that it is no longer possible to pinpoint specific international hot zones from which to protect Canadians. There is widespread infection reported by numerous countries, including the United States, and it is important to recognize that many countries do not have sufficient capacity to detect cases. If widespread disease occurs in Canada, the health system could easily be overwhelmed, further increasing negative health impacts. This risk has recently been demonstrated in Italy, and the United States, both G7 countries with similar health care systems. Despite increased community spread, there remains the likelihood that cases in Canada are linked to international travel.

Government of Canada response to COVID-19 pandemic

The Government of Canada is implementing a comprehensive strategy with layers of precautionary measures to limit the introduction and spread of COVID-19 coronavirus disease. These measures include the following:

• On March 7, 2020, the Government of Canada advised Canadians to avoid all travel on cruise ships until further notice due to the ongoing COVID-19 outbreak.
• On March 11, 2020, the Prime Minister outlined Canada’s whole-of-government response by establishing a more than $1 billion COVID-19 Response Fund.
• On March 13, 2020, the Government of Canada put an official global travel advisory into effect advising against non-essential travel outside Canada until further notice. On the same day, to address the global spread of COVID-19 coronavirus disease, the Government of Canada advised that all travellers entering Canada self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities if symptoms occur.
• On March 13, 2020, the Government of Canada suspended the cruise ship season in Canada until July 2020 as a COVID-19 response measure. Given the limited public health capacity in Canada’s Northern communities, the cruise ship season for vessels with Canadian Arctic stops was deferred for the entire season.
• On March 18, 2020, the Government advised Canadians to avoid all non-essential travel, avoid mass gatherings, practice social distancing and take self-isolation measures to prevent further transmission of the virus.
• On March 18, 2020, the Prime Minister announced that Canada and the United States had agreed to temporarily restrict all non-essential travel across the Canada-U.S. border.
• On March 18, 2020, the Interim Order to Prevent Certain Persons from Boarding Flights to Canada, made pursuant to subsection 6.41(1) of the Aeronautics Act, came into force, prohibiting air carriers from permitting certain foreign nationals to board commercial flights to Canada.
• On March 18, 2020, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease in Canada Order (Prohibition of Entry into Canada) came into force, prohibiting foreign nationals from entering Canada by air from all countries, with the exception of persons travelling from the United States who have been in that country or Canada, for at least 14 days.
• On March 20, 2020, the Order in Council Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) came into force, prohibiting entry from the United States for optional or discretionary purposes.
• On March 20, 2020, amendments to the Immigration and Refugee Protection Regulations came into force that, among other things, provide the Canada Border Services Agency (CBSA) with authorities to direct foreign nationals whose entry is prohibited by an order or regulation made under the Quarantine Act back to the United States, and also require that commercial transporters in all modes of transportation not carry prohibited foreign nationals to Canada.
• On March 25, 2020, to address the global spread of COVID-19, an Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation) came into force. Based on the existing science, it required all persons entering Canada to self-isolate for a 14-day period, monitor their well-being and follow up with local public health authorities, on a varying scale commensurate with their symptomatic state.
• On March 26, 2020, two border entry prohibition Orders made the week prior were updated to clarify acceptable exemptions, namely the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) [P.C. 2020-185] and 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) [P.C. 2020-184].
• On April 9, 2020, a notice was also issued under the Aeronautics Act to redirect international passenger flights to four airports, except those originating in the United States, Mexico, Central America, South America, and from Saint-Pierre and Miquelon (France).
• On April 15, 2020, the Government of Canada updated the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 (P.C. 2020-260) to require all persons who enter Canada to wear a non-medical mask or face covering while travelling and to quarantine for 14 days if asymptomatic or to isolate for 14 days if symptomatic, in response to emerging science on the potential transmission of COVID-19 by pre-symptomatic or asymptomatic persons.

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order builds on the previous requirements for entry into Canada, as it continues to prohibit entry into Canada by foreign nationals from the United States, with some limited exceptions, for optional or discretionary purposes, including tourism, recreation, and entertainment. Persons who exhibit symptoms of COVID-19 would continue to be prohibited from entering Canada, even if they seek to enter for non-optional or non-discretionary purposes.

The measures the Government of Canada is taking are necessary to address the serious health threat presented by COVID-19. The measures will minimally impact individuals to the extent possible and are proportionate when compared to the public health risk associated with the disease.

Implications

Key impacts for travellers

By limiting the number of incoming foreign nationals, Canada, in partnership with the United States, has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada. The largest impact of the renewed Order is that it is now in place until May 21, 2020, in recognition of the continued pandemic.

This Order will not prohibit persons entering Canada from the United States for non-optional or non-discretionary purposes, such as persons that need to cross the border to deliver essential services and supplies. Other persons who would not be prohibited from entering Canada for non-optional, non-discretionary purposes include air crews, diplomats, persons invited to Canada to assist with Canada’s COVID-19 response, persons on military flights or other Canadian-military support, protected persons, French citizens who reside in Saint-Pierre and Miquelon, those whose presence is in the national interest, as well as temporary foreign workers, students, persons delivering urgent medical supplies, and some health care practitioners.

In addition, this Order prohibits foreign nationals from entering Canada for the purposes of making a claim for refugee protection unless they enter Canada at an official land port of entry and are eligible to make a claim under the STCA. Foreign nationals who enter Canada at a place other than an official land port of entry will continue to be prohibited from entering Canada for the purposes of making a claim for refugee protection, unless they meet an exception or exemption to the prohibition (i.e. citizens of the United States, stateless habitual residents of the United States, unaccompanied minors, and persons exempted under the ministerial national/public interest authority). Individuals ineligible to make a claim under the STCA would be removed to the United States, a designated safe third country, while those who are prohibited from entering Canada to make a claim for refugee protection will continue to be directed back to the United States. Like all others upon entry into Canada, persons eligible to make a claim for refugee protection would become subject to P.C. 2020-260, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, requiring all persons permitted entry into Canada, with some exceptions, to quarantine themselves if asymptomatic, or isolate themselves if symptomatic, for 14 days.

Under this Order, parents or guardians of U.S. citizens under the age of 18 who are making a claim for refugee protection would no longer be exempted. This Order also enables the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration to provide for exemptions to the prohibition on a person seeking to enter Canada to make a refugee claim, if it is in the national or public interest.

Foreign nationals travelling for non-optional or non-discretionary purposes would be denied entry into Canada if they are exhibiting symptoms of COVID-19, unless otherwise exempted from the prohibition on entry. The enforcement of the prohibition on entry for persons 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.

This Order represents Canada’s implementation of a joint Canada-U.S. initiative to limit entry of foreign nationals into either country to essential travel purposes and applies to all modes (air, sea, land). The U.S. Administration will similarly extend their border control measures.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both.

Consultation

Given the numerous points of entry into Canada for international conveyances, the Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada, Transport Canada, Public Safety Canada, Global Affairs Canada and Employment and Social Development Canada, given linkages to other statutory instruments.

The Government has also engaged G7 leaders on its plans to continue to prohibit the entry of most foreign nationals into Canada and has consulted the U.S. Administration on the Order. This Order implements Canada’s commitment to a joint agreement with the U.S. Administration to restrict entry of foreign nationals into both countries.

Departmental contact

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