Canada Gazette, Part I, Volume 155, Number 23: ORDERS IN COUNCIL

June 5, 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. 2021-420 May 21, 2021

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

Therefore, His Excellency the Administrator of the Government of Canada 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

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

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

Extended family member — exception to statutory declaration

(1.1) Subparagraph (1)(a.1)(i) does not apply to a foreign national whose application for permanent residence was approved under the Immigration and Refugee Protection Act and whose relationship to the Canadian citizen, permanent resident or person registered as an Indian under the Indian Act was determined, for the purposes of that application, to be a

Listed institution

(1.2) 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.

Prohibition — other orders

(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 — immediate or extended family member

(4) Subsection (3) does not apply to a foreign national who is an immediate family member or extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national seeks to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.

Non-application — national interest

(5) Subsection (3) does not apply to a person referred to in paragraph (1)(k).

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 as a high-performance athlete 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:

Non-application — Order

4 This Order does not apply to

Powers and obligations

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

Repeal

6 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.

Effective period

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

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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

The Order repeals and replaces Order in Council P.C. 2021-315 of the same name, which came into force on April 21, 2021.

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

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

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 generally continues to prohibit entry into Canada of foreign nationals arriving from countries other than the United States unless they meet a specified list of exemptions. Even those who are exempted from the general prohibition may not enter if they have COVID-19, or if they exhibit signs and symptoms of COVID-19.

The Order has been amended for greater operational efficiency as described in the Implications section below. Some technical changes were also made to the Order to align the English and French versions.

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). 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 of 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 several months but continues to be based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, in some circumstances, through aerosols created when an infected person 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, which linger in the air in some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition 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 an average of 5 days.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern 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. As case numbers continue to rise throughout Canada, there is concern about the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus. 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 suspected of being more transmissible, may further worsen 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 to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding a flight to the United States. The United States is also actively exploring additional measures to be implemented at the land borders. As of April 2, 2021, the United States Centers for Disease Control and Prevention have updated their recommendations for fully vaccinated travellers, advising them that although pre-arrival testing continues to be required, they are no longer required to quarantine after arriving in the United States.

COVID-19 molecular testing such as polymerase chain reaction (PCR) tests and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection, and they are 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.

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 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals 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 and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time 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.

The Government of Canada conducted a number of pilot programs with provincial governments and industry stakeholders at select airport and border crossings. These pilot programs demonstrated that the frequency of people coming into Canada with COVID-19 was approximately 1–2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. Among the positive cases, approximately 68.5% of cases showed positive upon arrival. An additional 25.8% positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. As of May 8, since implementation of pre-departure, on arrival, and post-arrival testing in February 2021, the Government has continued to see a total overall rate of 1.8% of travellers arriving by air testing positive and 0.4% of travellers arriving by land testing positive.

COVID-19 situation globally

Canada continues to have a Level 3 travel health notice for all countries, including the United States, advising Canadians to avoid non-essential travel outside Canada. The global number of cases of COVID-19 is continuing to rise, with ongoing increases in Latin America, Europe, Asia, and the Middle East. As of May 16, 2021, the continent of Asia currently has the highest proportion of countries reporting moderate or high increasing rates of new cases over the past seven days. Of the 48 countries currently monitored in this region, 5 (10%) are reporting high rates of increasing cases. According to the WHO, over the last week, South-East Asia reported at least 52% of the total global cases and 32% of the total global deaths, of which India is the major contributor. Europe continues to lead recovery with the largest proportion of countries with a decreasing rate of new cases, at 53% (27 out of 51 countries monitored). North America and Central America are part of the continent with the highest number of countries reporting a moderate rate of new cases, at 53% (22 out of 41 countries monitored). In South America, the Pan American Health Organization continues to highlight that many countries are struggling to manage their domestic situation, while two countries are reporting a high rate of increasing cases. The United States is among the top five countries in the world with the highest seven-day rolling average number of daily new cases, alongside India, Brazil, Argentina and Colombia. As of May 16, 2021, there were 2 387 663 new cases in India, 437 076 new cases in Brazil, and 237 392 new cases in the United States reported in the previous seven days.

In many countries, the spread of more contagious variants of concern has contributed to a third wave. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa and Brazil have now been identified in many countries around the globe, including an increasing number of cases in Canada and the United States. As of May 16, 2021, the B.1.1.7 variant is reported in 135 countries, the B.1.351 variant is reported in 101 countries and the P.1 variant is reported in 55 countries across all six WHO regions. As of April 10, 2021, the United States has reported 20 915 cases of the B.1.1.7 variant first identified in the United Kingdom, 453 cases of the B.1.351 variant first identified in South Africa and 497 cases of the P.1 variant first identified in Brazil.

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. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as increased testing efforts, contact tracing and isolation of confirmed cases.

The heightened risk posed by the accelerated spread of these variants places some jurisdictions at a likelihood of increased COVID-19 transmission. There remains significant potential for a resurgence of travel-related cases in Canada if the border restrictions between any other country and Canada were to be broadly lifted at this time.

COVID-19 situation in Canada

Domestically, the situation is worsening. Since early March of 2021, the number of new cases reported has consistently increased, with 4 903 new cases reported on May 16, 2021. Nationally, the daily incidence rate as of May 16, 2021, remains 2.9 times what was observed during the spring peak on April 26, 2020. As of May 16, 2021, Canada's case count stood at 1 328 582, with 70 341 considered active cases. For the week of May 16, 2021, an average of 5 977 cases were reported in Canada daily, a 19.8% decrease in the average daily cases from the week of May 9, 2021. However, the trends continue to fluctuate and, as a result, some provinces and territories are continuing to impose lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes.

As of May 16, 2021, there have been 176 139 cases associated with variants of concern reported publicly in Canada; the majority of the cases in the provinces and territories have been the B.1.1.7 variant. This variant of concern appears to have higher transmissibility and there is also early evidence of higher risk of hospitalization and death from B.1.1.7 infection. In the province of Ontario, variants of concern now comprise over 86% of all COVID-19 cases. The P.1 variant is now also identified in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and in the Yukon Territory.

As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. Following the implementation of recent border measures on February 21, 2021 (i.e. requirement for government-approved accommodations and post-arrival testing), there was a significant decrease in the number of air arrivals to Canada, particularly travellers that are non-exempt from quarantine requirements. From April of 2019 to April of 2021, Canada has seen an 86% decrease in the number of travellers arriving from the United States, and a 94% decrease among international travellers arriving from all other countries for the same period. The rate of importation increased in March and April 2021 as the global situation continued to worsen. Mandatory border testing measures have also significantly increased the detection of case importation. In March and April of 2021, of the travel-related cases identified in Canada for which a country of origin is identified, 17% and 19%, respectively, of the cases were attributed to travellers arriving from the United States. This excluded cases where the country of travel was not reported, which is between 26% and 33%.

The number of imported cases reported is now similar to those observed in November of 2020. However, the number of imported cases reported prior to routine post-border testing may have underestimated the true number of imported cases. The introduction of border testing has led to improved case detection. The current number of reported imported cases is therefore likely a closer approximation of the true burden of imported cases than what was reported prior to the implementation of routine post-border testing in February of 2021.

In Canada, we are currently facing limited health care system capacity and a certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary 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 and new variants of concern into Canada as much as possible. Based on a current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies to further prevent the introduction and spread of COVID-19 or new variants of concern in Canada is justifiable.

Government of Canada response to COVID-19 pandemic

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

Between February 3, 2020, and April 21, 2021, 50 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada. These emergency orders reduce risks from other countries, facilitate repatriation of Canadians, and strengthen measures at the border to reduce the impact of COVID-19 in Canada. 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, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, together, these measures remain the most effective means of limiting the introduction of new cases of COVID-19 and the variants of concern into Canada. With the advent of new, more transmissible variants of the virus, the Government of Canada continues to take a precautionary approach by largely maintaining the current border restrictions and entry conditions in an effort to preserve health capacity in Canada and reduce the further introduction and transmission of COVID-19 in the country.

Implications

Key impacts for travellers

By limiting the number of incoming foreign nationals, Canada has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.

This Order will continue to generally prohibit foreign nationals from entering Canada from countries other than the United States, unless they meet a specified list of exemptions and are entering for specified permitted purposes. Foreign nationals travelling for any purpose will continue to be denied entry into Canada if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.

To facilitate the entry of extended family members of a Canadian citizen, permanent resident, or person registered under the Indian Act who is under the age of 18, the Order now allows for the statutory declaration attesting to the relationship to be signed by the parent on their behalf. The Order also reduces the documentation requirements for some travellers who have already had their relationships evaluated as part of their application for permanent residence under the Immigration and Refugee Protection Act (IRPA). This means that conjugal partners, grandparents, or adult children who remain dependent children under IRPA of persons in Canada will no longer have to provide an additional statutory declaration if they already had their relationship determined in the IRPA context.

The new Order amends the definition of Canadian Forces to align with the definition in the complementary Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). The new Order also includes minor technical amendments to align the English and French versions.

The Government of Canada recognizes that the ongoing general restrictions on entry into Canada have significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.

Penalties

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

Consultation

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

Contact

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

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. 2021-419 May 21, 2021

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

Therefore, His Excellency the Administrator of the Government of Canada 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

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

Prohibition — signs and symptoms

2 (1) A foreign national is prohibited from entering Canada from the United States if they have reasonable grounds to suspect they have COVID-19, if they 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 — certain persons

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

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, before or when entering Canada, evidence that they received a COVID-19 molecular test result before entering Canada.

Prohibition — optional or discretionary purpose

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

Non-application — immediate family member

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

Non-application — extended family member

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

Non-application — national interest

(4) Subsection (1) does not apply to a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest.

Prohibition — extended family member

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

Prohibition — other orders

4 (1) 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.

Non-application — certain persons

(2) Subsection (1) does not apply to persons referred to in section 5 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

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 subsection 159.4(1) of the Immigration and Refugee Protection Regulations:

Prohibition — international students

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

Prohibition — listed institution

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

Listed institution

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

Non-application — compassionate grounds

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

Non-application — international single sport event

5.3 (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:

Non-application — Order

6 This Order does not apply to

Powers and obligations

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

Repeal

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

Effective period

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

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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

The Order repeals and replaces Order in Council P.C. 2021-314 of the same name, which came into force on April 21, 2021.

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

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

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 entry into Canada of foreign nationals arriving from the United States for an optional or discretionary purpose, with some limited exceptions. Even those who are exempted from the prohibition may not enter if they have COVID-19, or if they exhibit signs and symptoms of COVID-19.

The Order also continues to prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), subject to some exceptions.

The Order includes a new national interest exemption authority by which a person, either as an individual or by belonging to a class of persons, may be exempt from the prohibition of entry by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness. This exemption authority is aligned with that of 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).

The Order has been amended for greater operational efficiency as described in the Implications section.

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). 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 several months, but continues to be based on best practice approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, in some circumstances, through aerosols created when an infected person 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, which linger in the air in some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been 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 an average of 5 days.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern 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. As case numbers continue to rise throughout Canada, there is concern about the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus. Since September of 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 the virus causing COVID-19, which are suspected of being more transmissible, may further worsen 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 to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding a flight to the United States. The United States is also actively exploring additional measures to be implemented at the land borders. As of April 2, 2021, the United States Centers for Disease Control and Prevention have updated their recommendations for fully vaccinated travellers, advising them that although pre-arrival testing continues to be required, they are no longer required to quarantine after arriving in the United States.

COVID-19 molecular testing such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection, and they are 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.

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 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals 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 and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time 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.

The Government of Canada conducted a number of pilot programs with provincial governments and industry stakeholders at select airport and border crossings. These pilot programs demonstrated that the frequency of people coming into Canada with COVID-19 was approximately 1–2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. Among the positive cases, approximately 68.5% of cases showed positive upon arrival. An additional 25.8% of positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. As of May 8, since implementation of pre-departure, on arrival and post-arrival testing in February 2021, the Government has continued to see a total overall rate of 1.8% of travellers arriving by air testing positive and 0.4% of travellers arriving by land testing positive.

COVID-19 situation globally

Canada continues to have a Level 3 travel health notice for all countries, including the United States, advising Canadians to avoid non-essential travel outside Canada. The global number of cases of COVID-19 is continuing to rise, with ongoing increases in Latin America, Europe, Asia, and the Middle East. As of May 16, 2021, there were 2 387 663 new cases in India, 437 076 new cases in Brazil, and 237 392 new cases in the United States, reported in the previous seven days. Data as of May 16, 2021, shows the United States reporting the third highest number of confirmed cases and deaths of all reporting countries, with 4 187 new deaths reported in the previous seven days.

In many countries, the spread of more contagious variants of concern has contributed to a third wave. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa and Brazil have now been identified in many countries around the globe, including an increasing number of cases in Canada and the United States. As of May 16, 2021, the B.1.1.7 variant is reported in 135 countries, the B.1.351 variant is reported in 101 countries and the P.1 variant is reported in 55 countries across all six WHO regions. As of April 10, 2021, the United States has reported 20 915 cases of the B.1.1.7 variant first identified in the United Kingdom, 453 cases of the B.1.351 variant first identified in South Africa and 497 cases of the P.1 variant first identified in Brazil.

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. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as increased testing efforts, contact tracing and isolation of confirmed cases.

The heightened risk posed by the accelerated spread of these variants places some jurisdictions at a likelihood of increased COVID-19 transmission. Therefore, there remains significant potential for a resurgence of travel-related cases in Canada if the border restrictions between the United States and Canada were to be broadly lifted at this time.

COVID-19 situation in Canada

Domestically, the situation is worsening. Since early March of 2021, the number of new cases reported has consistently increased, with 4 903 new cases reported on May 16, 2021. Nationally, the daily incidence rate as of May 16, 2021, remains 2.9 times what was observed during the spring peak on April 26, 2020. As of May 16, 2021, Canada’s case count stood at 1 328 582, with 70 341 considered active cases. For the week of May 14, 2021, an average of 6 463 cases were reported in Canada daily, a 15% decrease in the average daily cases from the week of May 7, 2021. However, the trends continue to fluctuate and, as a result, some provinces and territories are continuing to impose lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes.

As of May 16, 2021, there have been 176 139 cases associated with variants of concern reported publicly in Canada; the majority of the cases in the provinces and territories have been the B.1.1.7 variant. This variant of concern appears to have higher transmissibility and there is also early evidence of higher risk of hospitalization and death from B.1.1.7 infection. In the province of Ontario, variants of concern now comprise over 86% of all COVID-19 cases. The P.1 variant is now also identified in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and in the Yukon Territory.

As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. Following the implementation of recent border measures on February 21, 2021 (i.e. requirement for government-approved accommodations and post-arrival testing), there was a significant decrease in the number of air arrivals to Canada, particularly for travellers that are non-exempt from quarantine requirements. From April of 2019 to April of 2021, Canada has seen an 86% decrease in the number of travellers arriving from the United States, and a 94% decrease among international travellers arriving from all other countries for the same period. The rate of importation increased in March and April of 2021 as the global situation continued to worsen. Mandatory border testing measures have also significantly increased the detection of case importation. In March and April of 2021, of the travel-related cases identified in Canada for which a country of origin is identified, 17% and 19%, respectively, of the cases were attributed to travellers arriving from the United States. This excluded cases where the country of travel was not reported, which is between 26% and 33%.

The number of imported cases reported is now similar to that observed in November of 2020. However, the number of imported cases reported prior to routine post-border testing may have underestimated the true number of imported cases. The introduction of border testing has led to improved case detection. The current number of reported imported cases is therefore likely a closer approximation of the true burden of imported cases than what was reported prior to the implementation of routine post-border testing in February of 2021.

In Canada, we are currently facing limited health care system capacity and a certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary 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 and new variants of concern into Canada as much as possible. Based on a current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies to further prevent the introduction and spread of COVID-19 or new variants of concern in Canada is justifiable.

Government of Canada response to COVID-19 pandemic

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

Between February 3, 2020, and April 21, 2021, 50 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada. These emergency orders reduce risks from other countries, facilitate repatriation of Canadians, and strengthen measures at the border to reduce the impact of COVID-19 in Canada. 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, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, together, these measures remain the most effective means of limiting the introduction of new cases of COVID-19 and the variants of concern into Canada. With the advent of new, more transmissible variants of the virus, the Government of Canada continues to take a precautionary approach by largely maintaining the current border restrictions at this time, in an effort to preserve domestic health capacity in Canada and reduce the further introduction and transmission of COVID-19 and new variants of concern in the country.

Implications

Key impacts for travellers

By limiting the number of incoming foreign nationals, Canada has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.

This Order will continue to generally prohibit foreign nationals from entering Canada from the United States, unless they are entering for non-optional or non-discretionary purposes or other specified permitted purposes. Foreign nationals travelling for any purpose will continue to be denied entry into Canada if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.

The Order also continues to prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the complementary Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), with limited exceptions.

To facilitate the entry of extended family members of a Canadian citizen, permanent resident, or person registered under the Indian Act who is under 18 years of age, the Order now allows for the statutory declaration attesting to the relationship to be signed by the parent on their behalf.

The prohibition on entry for an optional or discretionary purpose will not apply to foreign nationals whose presence in Canada is determined to be in the national interest by the Minister of Foreign Affairs, the Minister of Immigration, Refugees and Citizenship or the Minister of Public Safety and Emergency Preparedness under this Order. This will be in alignment with the existing exemption provisions under 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).

The Government of Canada recognizes that the ongoing general restrictions on entry into Canada have significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.

Penalties

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

Consultation

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

Contact

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

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. 2021-421 May 21, 2021

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

Therefore, His Excellency the Administrator of the Government of Canada 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).

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

PART 1
General

Definitions

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)
government-authorized accommodation
means an accommodation that is authorized by
  • (a) the Public Health Agency of Canada, Canadian Forces, Department of Citizenship and Immigration, Department of Employment and Social Development or Department of Agriculture and Agri-Food; or
  • (b) the government of a province with agreement from the Government of Canada. (lieu d’hébergement autorisé par le gouvernement)
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
has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)
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)

Non-application

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

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 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 a person referred to in Table 1 of Schedule 1.

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 a person referred to in Table 2 of Schedule 1.

Tests in Canada

2.3 (1) Subject to subsections (3) and (4), every person who enters Canada by aircraft or land must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test

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

(4) Subsection (1) does not apply to a person referred to in Table 2 of Schedule 2.

Alternative testing protocol

2.4 (1) The persons referred to in subsection (2) who enter Canada by aircraft or land must, subject to subsection (3) and in accordance with the instructions of a quarantine officer, undergo any 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 any test in accordance with an alternative testing protocol 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 — requirements

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 — aircraft and land

(4) A person who enters Canada by aircraft or land 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.

Evidence of prepaid accommodation

3.3 (1) Every person who enters Canada by aircraft must, before boarding the aircraft for the flight to Canada,

Non-application

(2) Subsection (1) does not apply to

Information — countries

3.4 (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.

Timing

(2) The person who provides the information must do so,

Electronic means — aircraft and land

(3) A person who enters Canada by aircraft or land must provide the 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 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.

Other information

(4) Every person who enters Canada must, for the purposes of the administration of this Order, before entering Canada, during the 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.9(1) or (2),

Designation

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

Mask

3.5 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.9(1) or (2), 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 or subsection 4.7(1) or 4.8(1), is not required to enter or remain in quarantine must, during the 14-day period that begins on the day on which they enter Canada,

Non-application

(3) This section does not apply to

PART 4
Quarantine of Asymptomatic Persons

Requirements — quarantine

4.1 (1) Every person who enters Canada and who does not exhibit signs and symptoms of COVID-19 must

Transportation to government-authorized accommodation

(2) A person referred to in paragraph (1)(a) must not use public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the government-authorized accommodation, unless the person is authorized to use public transportation by a screening officer or quarantine officer, in which case the person must follow their instructions.

Expense

(3) For greater certainty, a person who is required to quarantine in a government-authorized accommodation must do so at their expense or at the expense of another person on behalf of that person unless the government-authorized accommodation is 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.

Government-authorized accommodation

(4) The following factors must be considered before a government-authorized accommodation is authorized:

Exempted persons — government-authorized accommodation

(5) The following persons are not required to quarantine themselves in a government-authorized accommodation:

Additional requirements

4.2 A person referred to in subsection 4.1(1) must

Unable to quarantine

4.3 (1) A person referred to in subsection 4.1(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 subsection 4.1(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 at a place that meets the conditions set out in paragraph 4.1(1)(b) 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,

Non-application — general

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

Non-application — 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

Non-application — 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.

Evidence of molecular test

(3) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subsection 2.1(1) or 2.2(1) but who does not do so, unless they subsequently receive a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.

Orders made under the 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 quarantine on compassionate grounds.

Non-application — 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.

Signs and symptoms

4.9 (1) During the 14-day quarantine period, 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

(2) During the 14-day quarantine period, 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

4.10 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 14 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,

Choice of quarantine facility

(2) In choosing a quarantine facility for the purposes of subsection (1), the Chief Public Health Officer must consider the factors set out in subsection 4.3(4), with any necessary modifications.

Place of isolation — conditions

(3) 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 section 5.1, 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 at a place that meets the conditions set out in subsection 5.1(3) and must, if applicable, meet the requirements set out in section 5.2.

Unable to isolate — additional requirements

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

Non-application — 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) or (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

5.6 During the applicable isolation period, if the person receives a positive result for any type of COVID-19 test,

Exception — leaving Canada

5.7 A person referred to in section 5.1 or 5.3 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
Cessation of Effect, Repeal and Coming into Force

Cessation of Effect

June 21, 2021

7.1 This Order ceases to have effect at 11:59:59 p.m. Eastern Daylight Time on June 21, 2021.

Repeal

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

Coming into Force

Day made

7.3 This Order comes into force at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made.

SCHEDULE 1

(Subsections 2.1(2) and 2.2(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, 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 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 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, 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 referred to in subsection 5(1) or (2) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) who made a claim for refugee protection when entering Canada from the United States
19 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
20 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada

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 2.2(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
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 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 referred to in subsection 5(1) or (2) of the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) who enters Canada from the United States for the purpose of making a claim for refugee protection
12 A Canadian citizen, permanent resident, 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 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 in the foreign country, indicating that the services or treatments were provided in that country
13 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
14 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
15 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
16 A habitual resident of Point Roberts, Washington or Northwest Angle, Minnesota 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 inside Canada
17 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 an everyday function within that community
18 A person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States
19 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 paragraph 4.1(1)(b) and section 4.3 of this Order
20 A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 19 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
21 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, if they will not directly care for persons 65 years of age or older
22 A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 21 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
23 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
24 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
25 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
26 A habitual resident of the remote communities of Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access the necessities of life from the closest Canadian community where such necessities of life are available
27 A habitual resident of the remote communities of Campobello Island, New Brunswick or 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
28 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
29 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
30 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
31 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 inside Canada

SCHEDULE 2

(Subsections 2.3(4) and 3.2(2), paragraphs 3.3(2)(a) and 4.1(1)(b) and (5)(a) 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 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
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, 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 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 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
11 A licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the 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 an everyday function within that community
14 A person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States
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 paragraph 4.1(1)(b) and section 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, if they will not directly care for persons 65 years of age or older
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 Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access the necessities of life from the closest Canadian community where such necessities of life are available
24 A habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available
25 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
26 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
27 A person or any person in a class of persons for whom the release from the requirements set out in section 4.1 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 under subsection 2.3(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 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) 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
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, 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 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 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
11 A licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the 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 an everyday function within that community
14 A person who enters Canada to return to their habitual place of residence in Canada after carrying out an everyday function that, due to geographical constraints, necessarily involves entering the United States
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 paragraph 4.1(1)(b) and section 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, if they will not directly care for persons 65 years of age or older
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 Northwest Angle, Minnesota or Hyder, Alaska who enters Canada only to access the necessities of life from the closest Canadian community where such necessities of life are available
24 A habitual resident of the remote communities of Campobello Island, New Brunswick or Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available
25 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
26 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
27 A person or any person in a class of persons for whom the release from the requirement set out in subsection 2.3(1) 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
28 A person who is less than five years of age
29 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 90 days before their entry into Canada or before the aircraft's initial scheduled departure time
30 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
31 Any person who undergoes a test in accordance with an alternative testing protocol referred to in subsection 2.4(1) of this Order
32 A habitual resident of Point Roberts, Washington or Northwest Angle, Minnesota 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 inside Canada
33 A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.3(1) 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
34 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
35 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
36 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
37 A diplomatic or consular courier
38 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 inside Canada

TABLE 3

Government-authorized Accommodation
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 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
5 A diplomatic or consular courier
6 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 enters Canada to provide an essential service; and
  • (b) the requirement to quarantine themselves at a government-authorized accommodation in accordance with paragraph 4.1(1)(a) of this Order would adversely affect the ability of the person to provide the essential service
7 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 paragraph 4.1(1)(a) to quarantine themselves at a government-authorized accommodation 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
8 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
9 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, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
10 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
11 A Canadian citizen, permanent resident, 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 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 in the foreign country, indicating that the services or treatments were provided in that country
12 A person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of performing their duties as a student in the health field, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
13 A licensed health care practitioner with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner, if they do not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada
14 A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting
15 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
16 A person or any member of a class of persons for whom the release from the requirement set out in paragraph 4.1(1)(a) of this Order to quarantine themselves at a government-authorized accommodation 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
17 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 the COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 90 days before their entry into Canada or before the aircraft's initial scheduled departure time
18 Any person who boards a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit them to quarantine at a government-authorized accommodation on entry into Canada
19 Any person who undergoes a test in accordance with an alternative testing protocol referred to in subsection 2.4(1) of this Order
20 A person or any member of a class of persons for whom the release from the requirement set out in paragraph 4.1(1)(a) of this Order to quarantine themselves at a government-authorized accommodation 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
21 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
22 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
23 A person who is less than 18 years of age and who will not be accompanied in the government-authorized accommodation by a person who is 18 years of age or older
24 A person who is 18 years of age or older and is dependent on one or more other persons for care or support by reason of mental or physical limitation, and who will not be accompanied in the government-authorized accommodation by a person who is 18 years of age or older
25 A foreign national who holds a valid work permit issued under subparagraph 200(1)(c)(ii.1) or (iii) of the Immigration and Refugee Protection Regulations or a foreign national whose application for a work permit under one of those subparagraphs was approved and who has received written notice of the approval but who has not yet been issued the permit, provided that
  • (a) the permit authorizes the foreign national to work in a unit group referred to in Schedule 3 to this Order and set out in the National Occupational Classification that was developed by the Department of Employment and Social Development and Statistics Canada and published in 2016; and
  • (b) the foreign national will not use public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will quarantine themselves

SCHEDULE 3

(Schedule 2)

Occupational Categories
Item

Column 1

Unit Groups

Column 2

National Occupational Classification Codes
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 (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. 2021-313 of the same title, which came into force on April 21, 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) and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) and any related Interim Order made under the Aeronautics Act to minimize the risk of importing COVID-19.

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

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 repeals and replaces the previous Order of the same name with some changes as described below in the Implications section.

This Order continues to require all persons who enter Canada, whether by air, land, or sea, to provide accurate contact information for the first 14 days in Canada, to answer questions to determine if they have signs or symptoms of COVID-19 and, with limited exemptions, to quarantine or isolate for 14 days from the day upon which they entered Canada. The Order maintains all requirements for travellers to have a negative COVID-19 molecular test result before entering Canada, and to undergo testing when entering and once again later in the 14-day post-entry period, subject to limited exceptions. This Order also continues to require that all travellers entering Canada by air, with limited exceptions, enter a government-authorized accommodation near the first port of entry while awaiting the result of the first post-entry test.

This Order contains substantive changes to include new mandatory traveller disclosures of countries of travel prior to arrival and of certain COVID-19 tests taken after arrival.There are also some technical and operational efficiencies introduced in the Order. These efficiencies are detailed further under the Implications section.

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). 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 MERS-CoV and SARS-CoV.

COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been developing over the past several months but continues to be based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.

SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, in some circumstances, through aerosols created when an infected person 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, which linger in the air in some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.

COVID-19 has been 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 an average of 5 days.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern 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. As case numbers continue to rise throughout Canada, there is concern about the domestic capacity to respond to the pandemic. An increase in the number of reported cases in hospitals and intensive care units may overwhelm the health system, further exacerbating the negative health impacts of the virus. 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 may further worsen 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 to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding a flight to the United States. The United States is also actively exploring additional measures to be implemented at the land borders. As of April 2, 2021, the United States Centers for Disease Control and Prevention have updated their recommendations for fully vaccinated travellers, advising them that although pre-arrival testing continues to be required, they are no longer required to quarantine after arriving in the United States.

COVID-19 molecular tests, such as polymerase chain reaction (PCR) tests and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests, have a higher sensitivity for detecting COVID-19 over the duration of infection. They are 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.

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 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals 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 and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time allows for the time needed to become non-infectious and thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.

The Government of Canada conducted a number of pilot programs with provincial governments and industry stakeholders at select airports and border crossings. These pilot programs demonstrated that the frequency of people coming into Canada with COVID-19 was approximately 1–2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. Among the positive cases, approximately 68.5% of cases tested positive upon arrival. An additional 25.8% of positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. As of May 8, 2021, since implementation of pre-departure, on arrival and post-arrival testing in February 2021, the Government has continued to see a total overall rate of 1.8% of travellers arriving by air testing positive and 0.4% of travellers arriving by land testing positive.

COVID-19 situation globally

Canada continues to have a Level 3 travel health notice for all countries, including the United States, advising Canadians to avoid non-essential travel outside Canada. The global number of cases of COVID-19 is continuing to rise, with ongoing increases in Latin America, Europe, Asia, and the Middle East. As of May 16, 2021, there were 2 387 663 new cases in India, 437 076 new cases in Brazil, and 237 392 new cases in the United States reported in the previous seven days. Data as of May 16, 2021, shows the United States reporting the third highest number of confirmed cases and deaths of all reporting countries, with 4 187 new deaths reported in the previous seven days.

In many countries, the spread of more contagious variants of concern has contributed to a third wave of COVID-19. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa and Brazil have now been identified in many countries around the globe, including an increasing number of cases in Canada and the United States. As of May 16, 2021, the B.1.1.7 variant is reported in 135 countries, the B.1.351 variant is reported in 101 countries and the P.1 variant is reported in 55 countries across all six WHO regions. As of April 10, 2021, the United States has reported 20  915 cases of the B.1.1.7 variant first identified in the United Kingdom, 453 cases of the B.1.351 variant first identified in South Africa and 497 cases of the P.1 variant first identified in Brazil.

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. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as increased testing efforts, contact tracing and isolation of confirmed cases.

The heightened risk posed by the accelerated spread of these variants places some jurisdictions at a likelihood of increased COVID-19 transmission. There remains significant potential for a resurgence of travel-related cases in Canada if the border restrictions were to be broadly lifted at this time.

COVID-19 situation in Canada

Domestically, the situation is worsening. Since early March 2021, the number of new cases reported has consistently increased, with 4 903 new cases reported on May 16, 2021. Nationally, the daily incidence rate as of May 16, 2021, remains 2.9 times what was observed during the spring peak on April 26, 2020. As of May 16, 2021, Canada's case count stood at 1 328 582 with 70 341 considered active cases. For the week of May 14, 2021, an average of 6 463 cases were reported in Canada daily, a 15% decrease in the average daily cases from the week of May 7, 2021. However, the trends continue to fluctuate and, as a result, some provinces and territories are continuing to impose lockdown measures to control the spread of the virus and are warning of increasing pressure on health care facilities and long-term care homes.

As of May 16, 2021, there have been 176 139 cases associated with variants of concern reported publicly in Canada; the majority of the cases in the provinces and territories have been the B.1.1.7 variant. This variant of concern appears to have higher transmissibility and there is also early evidence of higher risk of hospitalization and death from B.1.1.7 infection. In the province of Ontario, variants of concern now comprise over 86% of all COVID-19 cases. The P.1 variant is now also identified in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, Nova Scotia, and in the Yukon Territory.

As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. Following the implementation of recent border measures on February 21, 2021 (i.e. requirement for government-approved accommodations and post-arrival testing), there was a significant decrease in the number of air arrivals to Canada, particularly for travellers that are non-exempt from quarantine requirements. Canada has seen an 86% decrease in the number of travellers arriving from the United States, from April 2019 to April 2021, and a 94% decrease among international travellers arriving from other countries for the same period. The rate of importation increased in March and April 2021 as the global situation continued to worsen. Mandatory border testing measures have also significantly increased the detection of case importation.

The number of imported cases reported is now similar to that observed in November 2020. However, the number of imported cases reported prior to routine post-border testing may have underestimated the true number of imported cases. The introduction of border testing has led to improved case detection. The current number of reported imported cases is therefore likely a closer approximation of the true burden of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021. Based on a current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies to further prevent the introduction and spread of COVID-19 or new variants of concern in Canada is justifiable.

Evidence demonstrates that pre-departure testing combined with testing all travellers upon entry and again later in the quarantine period will enable detection of the majority of persons with COVID-19 arriving in Canada. Detection of these cases will further permit genetic sequencing and the identification of novel variants of concern to support public health efforts to contain COVID-19 spread. Requiring travellers entering Canada by aircraft to reside in government-authorized accommodations until they receive their first test result will help identify and isolate those who may introduce or spread COVID-19 variants.

Government of Canada response to COVID-19 pandemic

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

Between February 3, 2020, and April 21, 2021, 50 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 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, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, together, these measures remain the most effective means of limiting the introduction of new cases of COVID-19 and the variants of concern into Canada. With the advent of new, more transmissible variants of the virus, the Government of Canada continues to take a precautionary approach by largely maintaining border restrictions and entry conditions, and restricting incoming travel from any country in an effort to preserve domestic health capacity in Canada and reduce the further introduction and transmission of COVID-19 in the country.

Implications

Key impacts for persons entering Canada

As was the case under the previous Order, before entering Canada, all travellers by land and air are required to submit accurate contact information and quarantine plans, or just contact information if they are exempt from quarantine, to the Minister of Health by electronic means or another means for certain classes of persons as determined by the Minister. The current requirement to have a negative COVID-19 molecular test result before entering Canada, with limited exceptions, continues to apply.

As before, all travellers, with limited exceptions, will be required to undergo a COVID-19 molecular test upon entry into, as well as after entering, Canada, and if travelling by air must remain in their government-authorized accommodation at the first port of entry until their first test result is received. The Order now clarifies that persons who are exempt from staying in a government-authorized accommodation are still required to quarantine for 14 days from the day they enter Canada.

Substantive changes to the Order regarding pre-arrival and other obligations include the mandatory disclosure of all countries in which a traveller has been in the 14 days prior to entering Canada. To achieve operational efficiencies, including in relation to PCR tests kits, an exemption from pre- and post-arrival testing has also been introduced for persons travelling from either Northwest Angle, Minnesota, to mainland U.S., or from one point in Alaska to another via Yukon.

Post-arrival obligation changes include a new requirement to report to the Minister of Health the outcome of positive COVID-19 tests taken during the 14-day quarantine period, including those done outside of the government-mandated tests. However, the Order continues to provide that only the post-arrival COVID-19 molecular tests arranged and managed by the Government of Canada will satisfy the requirements to undergo testing in accordance with the Order, and that negative results from one of those tests are what permit persons to leave the government-authorized accommodation (when applicable) or end the 14-day quarantine. There is also a new authority for the Chief Public Health Officer to take immediate public health measures by imposing conditions or requirements on otherwise exempt travellers should there be sufficient evidence supporting such an interim measure.

Technical amendments include the removal of inter-table cross-references in Schedule 2 of the Order for easier identification of persons exempted from the various quarantine and testing requirements.

The updated Order also details additional parameters for what constitutes a suitable place of isolation in alignment with the existing suitable quarantine plan parameters and isolation guidance. The Order also includes amendments to align the English and French text.

Penalties

Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.

Consultation

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

Contact

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