Canada Gazette, Part I, Volume 155, Number 33: ORDERS IN COUNCIL
August 14, 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. 2021-824 August 6, 2021
Whereas the Governor in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;
Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of COVID-19 or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;
And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States).
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States)
Definitions
Definitions
1 The following definitions apply in this Order.
- Canadian Forces
- means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
- common-law partner
- has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
- dependent child
- has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
- extended family member,
- in respect of a person, means
- (a) an individual who is 18 years of age or older and is in an exclusive dating relationship with the person — who is also 18 years of age or older — and who has been in such a relationship for at least one year and has spent time in the physical presence of the person during the course of the relationship;
- (b) a dependent child of the individual referred to in paragraph (a);
- (c) a child, other than a dependent child, of the person, of the person's spouse, of the person's common-law partner or of the individual referred to in paragraph (a);
- (d) a dependent child of the child referred to in paragraph (c);
- (e) a sibling, half-sibling or step-sibling of the person or of the person's spouse or common-law partner; or
- (f) a grandparent of the person or of the person's spouse or common-law partner. (membre de la famille élargie)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- fully vaccinated person
- has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)
- immediate family member,
- in respect of a person, means
- (a) the spouse or common-law partner of the person;
- (b) a dependent child of the person or of the person's spouse or common-law partner;
- (c) a dependent child of the dependent child referred to in paragraph (b);
- (d) the parent or step-parent of the person or of the person's spouse or common-law partner; or
- (e) the guardian or tutor of the person. (membre de la famille immédiate)
- international single sport event
- means an event that is governed by a sport's International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for that sport. (événement unisport international)
- permanent resident of Canada
- has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
- protected person
- has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
- Quarantine Order
- means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)
- study permit
- has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (permis d'études)
- temporary resident
- means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)
Prohibitions
Prohibition
2 A foreign national is prohibited from entering Canada if they arrive from any country other than the United States.
Non-application
3 (1) Section 2 does not apply to
- (a) an immediate family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act;
- (a.1) an extended family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if they
- (i) have a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident of Canada or person registered as an Indian that is signed,
- (A) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents, or
- (B) in any other case, by the Canadian citizen, permanent resident of Canada or person registered as an Indian, and
- (ii) are authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada;
- (i) have a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident of Canada or person registered as an Indian that is signed,
- (b) a person who is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act to enter Canada for the purpose of reuniting immediate family members;
- (c) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who seeks to enter Canada only to become such a crew member;
- (d) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who seeks to enter Canada only to become such a member of a crew;
- (e) a person who is exempt from the requirement to obtain a temporary resident visa under paragraph 190(2)(a) of the Immigration and Refugee Protection Regulations and the immediate family members of that person;
- (f) a person who seeks to enter Canada at the invitation of the Minister of Health for the purpose of assisting in the COVID-19 response;
- (g) a person who arrives by any means of a conveyance operated by the Canadian Forces or the Department of National Defence;
- (h) a member of the Canadian Forces or a visiting force, as defined in section 2 of the Visiting Forces Act, and the immediate family members of that member;
- (i) a French citizen who resides in Saint-Pierre-et-Miquelon and has only been in Saint-Pierre-et-Miquelon, the United States or Canada during the period of 14 days before the day on which they arrive in Canada;
- (j) a person or any person in a class of persons who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act,
- (i) does not pose a risk of significant harm to public health, or
- (ii) will provide an essential service while in Canada;
- (k) 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;
- (l) the holder of a valid work permit as defined in section 2 of the Immigration and Refugee Protection Regulations;
- (m) a person whose application for a work permit referred to in paragraph (l) was approved under the Immigration and Refugee Protection Act and who has received written notice of the approval but who has not yet been issued the permit;
- (n) a person who seeks to enter Canada for the purpose of attending a listed institution, and the immediate family members of that person other than a dependent child of a dependent child of the person, if
- (i) the person holds a valid study permit,
- (ii) the person may apply for a study permit when entering Canada under section 214 of the Immigration and Refugee Protection Regulations, or
- (iii) the person's application for a study permit was approved under the Immigration and Refugee Protection Act and they received written notice of the approval but have not yet been issued the permit;
- (o) 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;
- (p) 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;
- (q) a licensed health care practitioner with proof of employment in Canada;
- (r) a person who seeks to enter Canada for the purpose of delivering, installing, maintaining or repairing medically necessary equipment or devices;
- (s) a person who seeks to enter Canada for the purpose of donating or making medical deliveries of stem cells, blood and blood products, tissues, organs or other body parts that are required for patient care in Canada while this Order is in effect or within a reasonable period of time after the expiry of this Order;
- (t) a person whose application for permanent residence in Canada was approved under the Immigration and Refugee Protection Act, and who received written notice of the approval, but who has not yet become a permanent resident of Canada under that Act;
- (u) a worker in the marine transportation sector who is essential for the movement of goods by vessel, as defined in section 2 of the Canada Shipping Act, 2001, and who seeks to enter Canada for the purpose of performing their duties in that sector;
- (v) a person who seeks to enter Canada to take up a post as a diplomat, consular officer, representative or official of a foreign country, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member and the immediate family members of that person;
- (w) a person who arrives at a Canadian airport aboard a commercial passenger aircraft and who is transiting to a foreign country and remains in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada; or
- (x) a person who seeks to enter Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by a provincial government, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group.
Listed institution
(1.1) For the purposes of paragraph (1)(n), a listed institution is an institution that is
- (a) determined, by the government of the province in which the institution is located, to have appropriate measures in place to ensure that the students who attend the institution can meet applicable obligations under the Quarantine Order; and
- (b) included in a list that is published by the Department of Citizenship and Immigration on its website, as amended from time to time, for the purposes of this Order.
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 — requirement to quarantine
(2.1) A foreign national is prohibited from entering Canada from any country other than the United States if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.
Prohibition — optional or discretionary purpose
(3) A foreign national is prohibited from entering Canada from any country other than the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
Non-application — certain persons
(4) Subsection (3) does not apply to
- (a) a foreign national who is an immediate family member or extended family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if the foreign national
- (i) seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada or person registered as an Indian, and
- (ii) in the case of a foreign national who is not a fully vaccinated person, can demonstrate their intent to stay in Canada for a period of at least 15 days; or
- (b) a person referred to in paragraph (1)(k).
Non-application — fully vaccinated person
(5) Section 2 and subsection (3) do not apply to a person that meets the following conditions if they comply with the requirements set out in subsection (5.1):
- (a) the person resides in Saint-Pierre-et-Miquelon and is a French citizen; and
- (b) if the person seeks to enter Canada by aircraft, they board the aircraft after the coming into force of this Order.
Requirements — fully vaccinated person
(5.1) The requirements referred to in subsection (5) are:
- (a) the person is a fully vaccinated person, and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination; or
- (b) the person is not a fully vaccinated person, and meets one of the following requirements:
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (A) meets the requirements set out in paragraph (a), or
- (B) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act, or
- (ii) in the case of a person who is 18 years of age or older,
- (A) the person is dependent on one or more other persons for care or support by reason of mental or physical limitation, and
- (B) the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (I) meets the requirements set out in paragraph (a), or
- (II) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act.
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
Non-application — compassionate grounds
3.1 Section 2 and subsections 3(2.1) and (3) do not apply to a foreign national if
- (a) the Minister of Health determines that the foreign national seeks to enter Canada in order to engage in one of the following activities:
- (i) to provide support to a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a health care practitioner who is licensed in Canada, or to attend to their death,
- (ii) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada to require support for a medical reason, or
- (iii) to attend a funeral or end-of-life ceremony;
- (b) in the case where a foreign national is, based on the purpose of entry or the anticipated length of their stay, unable to comply with the applicable requirement to quarantine under the Quarantine Order, the Minister of Health
- (i) has not received written notice from the government of the province where an activity referred to in paragraph (a) will take place indicating that government opposes the non-application of section 2 and subsections 3(2.1) and (3) to persons who engage in that activity in that province and who are unable to comply with the applicable requirement to quarantine under the Quarantine Order, and
- (ii) determines, if the foreign national seeks to engage in an activity referred to in paragraph (a) at a location other than a public outdoor location, that the person in charge of the location does not object to the foreign national being present to engage in that activity at that location; or
- (c) the foreign national has obtained a limited release from the requirement to quarantine on compassionate grounds under the Quarantine Order in order to engage in an activity referred to in paragraph (a).
Non-application — international single sport event
3.2 (1) Section 2 and subsection 3(3) do not apply to a foreign national who is authorized by a letter of authorization issued under subsection (2) to enter Canada to take part in an international single sport event as a high-performance athlete or to engage in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport.
Letter of authorization
(2) The Deputy Minister of Canadian Heritage may, if that Deputy Minister considers it appropriate, issue a letter of authorization to enter Canada after receiving, from the individual or entity responsible for the international single sport event,
- (a) the names and contact information of all foreign nationals referred to in subsection (1); and
- (b) a letter of support for the entry into Canada of all foreign nationals referred to in subsection (1) from both the government of the province where the international single sport event will take place and the local public health authority.
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:
- (a) the event is cancelled by the individual or entity responsible for the event; or
- (b) the local public health authority or the government of the province withdraws the letter of support.
Application
Non-application — Order
4 This Order does not apply to
- (a) a person registered as an Indian under the Indian Act;
- (b) a protected person;
- (c) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance, if the person is continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person does not land in Canada and the conveyance does not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law, or
- (ii) in the case of an aircraft, the conveyance does not land while in Canada; or
- (d) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance and then re-enters Canada on board the conveyance, if the person was continuously on board that conveyance while outside Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not make contact with another conveyance, moor or anchor while outside Canada, or
- (ii) in the case of an aircraft, the conveyance did not land while outside Canada.
Powers and Obligations
Powers and obligations
5 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.
Amendments to this Order, Cessation of Effect, Repeal and Coming into Force
Amendments to this Order
Amendment to this Order — subsection 3(4)
6 (1) Subsection 3(4) of this Order is replaced by the following:
Non-application — certain persons
(4) Subsection (3) does not apply to
- (a) a foreign national who is an immediate family member or extended family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if the foreign national seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days; or
- (b) a person referred to in paragraph (1)(k).
Amendment to this Order — subsections 3(5) and (5.1)
(2) Subsections 3(5) and (5.1) of this Order are replaced by the following:
Non-application — fully vaccinated person
(5) Section 2 and subsection (3) do not apply to a person if
- (a) the person is a fully vaccinated person, and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination; or
- (b) the person is not a fully vaccinated person, and meets one of the following requirements:
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (A) meets the requirement set out in paragraph (a), or
- (B) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act, or
- (ii) in the case of a person who is 18 years of age or older,
- (A) the person is dependent on one or more other persons for care or support by reason of mental or physical limitation, and
- (B) the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (I) meets the requirements set out in paragraph (a), or
- (II) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act.
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
Cessation of Effect
September 21, 2021
7 This Order ceases to have effect at 12:01:00 a.m. Eastern Daylight Time on September 21, 2021.
Repeal
Repeal
8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States)footnote 1 is repealed.
Coming into Force
August 9, 2021
9 (1) Subject to subsection (2), this Order comes into force at 12:01:00 a.m. Eastern Daylight Time on August 9, 2021.
September 7, 2021
(2) Section 6 comes into force at 12:01:00 a.m. Eastern Daylight Time on September 7, 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. 2021-731 of the same name, which came into force on July 20, 2021.
The new Order complements any Order made under the Quarantine Act imposing testing, isolation or quarantine requirements upon entry into Canada.
Except for the provisions of this Order that will come into force at 12:01 a.m., Eastern daylight time on September 7, 2021, as detailed under the “Implications” section, this Order will be in effect from 12:01 a.m., Eastern daylight time on August 9, 2021, until 12:01 a.m., Eastern daylight time, September 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. This Order continues to prohibit entry into Canada of foreign nationals if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions.
This Order contains substantive changes to reduce some border measures for both fully vaccinated and some unvaccinated travellers. All changes under the Order are described 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 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 year, 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 respiratory droplets and aerosols when an infected person breathes, coughs, sneezes, sings, shouts, or talks. The droplets vary in size, from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, sometimes called aerosols, which linger in the air in some circumstances.
COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with a median of 5 to 6 days. The time period in which an individual with COVID-19 can transmit the virus is said to be at a maximum of 10 days after symptom onset for immunocompetent people who have COVID-19.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus causing COVID-19, which are 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 no more than three days prior to boarding a flight to the United States. The United States is also actively exploring its approach to the land borders. As of April 2, 2021, the United States Centers for Disease Control and Prevention (CDC) 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) 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 180 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. Requiring that prior positive test results be obtained no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious and thus prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.
Prior to February 2021, the Government of Canada worked with provincial governments and industry stakeholders to test persons entering Canada at select airports and border crossings. This testing showed that 1–2% of people seeking to enter Canada had COVID-19. Of this 1–2%, 68.5% of cases were detected upon arrival, 25.8% were identified at day 7 of the quarantine period, and 5.6% were identified between days 7 to 14. In February 2021, the Government of Canada implemented mandatory pre-departure testing for persons travelling to Canada, as well as on arrival and post-arrival testing. From February 21, 2021, to July 24, 2021, the Government has seen a decline in the test positivity rate to 0.9% of travellers arriving by air and 0.2% of travellers arriving by land.
Vaccination
Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. As of July 29, 2021, over 26.9 million Canadians (70.5% of the total population) have received at least one dose, and more than 21 million (57.2% of the total population) are fully vaccinated.
The Government of Canada recently announced that Canada has received more than 66 million doses of COVID-19 vaccines — enough to fully vaccinate every eligible person in Canada — two months ahead of the original goal of September 2021.
Knowledge of the duration of the protection offered by COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19 to other individuals is rapidly evolving. Vaccinated individuals are less likely to become infected with SARS-CoV-2 and are therefore less likely to transmit infection to others. In addition, there is evidence to suggest that vaccinated individuals, if infected with SARS-CoV-2, are less likely to spread infection than unvaccinated infected people. Emerging evidence-based scientific data and experience will help inform future Government of Canada action in this area.
The COVID-19 Screening and Testing Expert Panel released its fourth report entitled Priority strategies to optimize testing and quarantine at Canada's borders on June 8, 2021, which subdivided travellers into five categories based on their vaccination status, whether they had previously tested positive for COVID-19 and whether or not they were exempt from existing border measures. The panel recommended that fully vaccinated travellers could be treated differently from those who are either partially vaccinated (single dose of a two-dose schedule) or unvaccinated.
Wearing masks in public places is a simple, low-cost public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.
COVID-19 situation globally
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. Recently, the United States has reduced the level of some of its travel health notices, including reducing the level of the travel health notice for Canada from Level 4 to Level 3.
The cumulative number of COVID-19 cases reported globally is now over 194 million and the number of deaths exceeds 4 million. For the week of July 19, 2021, the global number of new cases reported was over 3.8 million, an 8% increase as compared to the previous week. The increases in transmission appear to be driven by the circulation of more transmissible variants of concern, the easing of domestic public health measures coupled with increased social mixing and low global vaccine coverage.
According to the WHO weekly report, as of July 25, 2021, the largest increases in case incidence compared to the previous week were recorded in the Region of the Americas (30% increase, with 1 260 598 new cases) and in the Western Pacific Region (25% increase, with 238 487 new cases). The European Region also reported an increase in new cases, albeit at a much lower rate of 3% (1 010 270 new cases) when compared to the previous week (21% increase, with 885 048 new cases). The African, Eastern Mediterranean, Western Pacific and European Regions reported similar numbers of deaths as compared to the previous week, whereas the increases were reported in both the Americas (29% increase) and South-East Asia (30% increase).
Despite efforts to extend vaccination coverage, many countries across all six WHO Regions continue to experience surges in COVID-19 cases among unvaccinated groups. As of July 25, 2021, the countries reporting the highest number of cases in the previous seven days were the United States (500 332 new cases; 131% increase), Brazil (324 334 new cases; 13% increase), Indonesia (289 029 new cases; 17% decrease), the United Kingdom (282 920 new cases; 5% decrease), and India (265 836 new cases; similar to the previous week).
In many countries, the spread of more contagious variants of concern has contributed to increased transmission. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa, Brazil and India have now been identified in many countries around the globe, including Canada and the United States, which have seen an increasing number of variant cases. As of July 25, 2021, the B.1.1.7 (Alpha) variant is reported in 182 countries, the B.1.351 (Beta) variant is reported in 131 countries, the P.1 (Gamma) variant is reported in 81 countries, and the B.1.617.2 (Delta) variant is reported in 132 countries across all six WHO regions.
The Delta variant is of particular concern given it is approximately 50% more transmissible than Alpha and has become the predominant variant in Canada, the United States and the United Kingdom. Delta has caused the majority of new cases in all three countries and has driven significant resurgences in the United States and the United Kingdom among unvaccinated persons. For example, according to public reports, 97% of people hospitalized due to COVID-19 in the United States are unvaccinated.
Even people who have received one dose of a two-dose vaccination schedule, though more protected than unvaccinated individuals, are still at higher risk of infection from Delta compared to other strains of COVID-19. However, vaccine effectiveness against Delta is similar to that for other strains of COVID-19 after two doses, underlining the importance of full vaccination.
The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country's COVID-19 risk. At this time, it is the view of the Government of Canada that travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and increases the potential for onward community transmission of COVID-19. Efforts to prevent and control the spread of COVID-19 and variants of concern continue.
The increased transmission associated with these variants increases the risk of accelerating the spread. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions were to be broadly lifted at this time. However, with increasing vaccination rates and evidence of decreased transmission from fully vaccinated individuals, there is justification to begin easing Canada's border restrictions for some travellers.
COVID-19 situation in Canada
Domestically, the situation continues to improve, and Canada continues to trend in the right direction across all severity indicators and observe the positive impact of increasing vaccination coverage. As of July 27, 2021, provinces and territories have administered over 48 million doses.
However, an increase in the average seven-day case count has been detected nationally for the week ending on July 26, 2021. The Government of Canada continues to monitor all of the indicators for signals of a potential fourth wave; however, this increase in cases is not resulting in increased severe illness or additional demands on the health care system. For example, the average daily number of people in hospital and in critical care continues to decrease steadily. Hospitalizations continue to be relatively low across all age groups and deaths remain low.
As of July 26, 2021, there were 257 315 cases involving variants of concern in Canada, reported via national case reporting. The B.1.617.2 (Delta) variant is proving to have the highest transmissibility rates of all variants of concern and has become the most frequently reported variant of concern in Canada. The Delta variant is now identified in most provinces and territories.
New variants, including C.37 (Lambda) and B.1.621, were detected at the Canadian border in June 2021 and are being monitored.
Measures limiting optional or discretionary travel into Canada have significantly reduced the number of travel-related COVID-19 cases. Canada has seen an 87% decrease in the number of travellers arriving from the United States, in June 2021 compared to June 2019, and a 93% decrease among international travellers arriving from all other countries for the same period.
However, the rate of importation increased in March and April 2021, driven by a number of factors, including the introduction of mandatory Canadian border testing measures that increased case detection; a worsening global situation; as well as an increase in the number of imported cases from India and Pakistan. Following the April 22, 2021, implementation of a notice to airmen (NOTAM) that restricted direct flights from India and Pakistan and a Transport Canada interim order that required indirect travellers from these countries to obtain a negative COVID-19 test from a third country, the rate of case importation into Canada decreased in May and remained relatively stable throughout June. The NOTAM and the interim order were lifted for Pakistan on June 22, 2021, while they were extended for India until August 21, 2021.
The introduction of border testing has led to improved case detection, and the current number of reported imported cases is therefore likely a closer approximation of the true estimate of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021.
Evidence demonstrates that a combination of pre-departure and post-arrival testing will facilitate detection of persons with COVID-19 arriving in Canada. Identification of cases will further permit genetic sequencing and the identification of variants of concern to support public health efforts to contain COVID-19 spread. Persons who are fully vaccinated may not present as high a risk as unvaccinated travellers, so the public health risk mitigated by testing requirements and quarantining is lower for those who are fully vaccinated.
A certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary transmission to household members or in the community. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19, including new variants of concern, into Canada as much as possible. Based on a current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, can help further reduce the introduction and spread of COVID-19 or new variants of concern in Canada.
Government of Canada response to COVID-19 pandemic
The Government of Canada's top priority is the health and safety of Canadians. To limit the introduction and spread of COVID-19 in Canada, the Government of Canada has taken unprecedented action to implement a comprehensive strategy with layers of precautionary measures. 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 July 21, 2021, 60 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada. These emergency orders reduce the risk of importation from other countries, facilitate repatriation of Canadians, and strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.
The Government of Canada has replaced inefficient paper-based processes at Canada's ports of entry with electronic means, including the ArriveCAN app and website, to reduce the public health risks of traveller backlogs and to allow for timely oversight and tracking by public health officials of travellers entering Canada. Traveller volumes are expected to increase significantly in the coming months; however, this increase is expected not to exceed the capacity of ArriveCAN. Therefore, there is no reasonable alternative to the increasing mandatory use of ArriveCAN to allow travellers to submit COVID-19 related information electronically in advance of their arrival.
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. The Government will consider a blend of criteria, including hospital capacity, infection rates, variants of concern and eligible population vaccination rates, when determining when to transition through the phases of reopening.
With new, more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence and precautionary approach to its border measures for travellers entering Canada. The Government of Canada's phased approach to easing border measures is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally.
Increasing vaccination rates in Canada means that Canadians are better protected from potential sources of infection, including imported cases. Evidence shows COVID-19 vaccines are highly protective, with a low percentage of cases reported following vaccination. On July 5, 2021, because of relatively low domestic COVID-19 rates, and increasing vaccine coverage the Government of Canada took its first step toward easing border measures by removing quarantine requirements for fully vaccinated travellers currently permitted entry into Canada. The Government of Canada will continue to review the available evidence and monitor the situation to determine appropriate, incremental steps to lifting border measures that facilitate the safe resumption of international travel, while still reducing the introduction and transmission of COVID-19 in the country.
Implications
Key impacts for travellers
This Order introduces substantive amendments to reduce some border measures for both fully vaccinated and some unvaccinated travellers in recognition of increased vaccination by Canadians, as well as other epidemiological trends that indicate that Canada is better positioned to prevent and manage outbreaks of infection.
As was the case under the previous Order, 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 will generally continue to prohibit entry into Canada of foreign nationals arriving from countries other than the United States, unless they meet a specified list of exemptions.
Effective 12:01 a.m., Eastern daylight time on August 9, 2021, the following changes will take place under this Order:
Fully vaccinated French citizens, residing in Saint-Pierre-et-Miquelon, will be permitted to enter Canada for discretionary travel. This will include entry with their unvaccinated dependants, which will include children under the age of 18, and dependent adults (persons 18 years of age or older and dependent on one or more other persons for care or support by reason of mental or physical limitation).
These unvaccinated dependants will only be eligible for entry if they are travelling with a fully vaccinated parent or guardian. Both the fully vaccinated parent or guardian and the unvaccinated dependant must have complied with all of the pre- and post-arrival testing information disclosure requirements mandated under any other order regarding COVID-19 measures. Under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation, and Other Obligations) [the Quarantine Order], children under 12 will be exempt from quarantine and subject to certain enhanced public health measures.
Persons seeking to enter Canada for discretionary purposes as fully vaccinated travellers will be prohibited entry if they fail to submit the required proof of vaccination in advance of travel to Canada. For travel into Canada by air, the Quarantine Order requires that these persons submit their proof of vaccination before boarding their flight to Canada to prevent foreign nationals from flying into Canada if they do not have correct proof of vaccination. To align these two measures, this Order will specify that persons travelling by air must board the aircraft after the coming-into-force date (12:01 a.m., Eastern daylight time, on August 9, 2021) to rely on the full vaccination provisions.
In recognition of the fact that persons who are fully vaccinated can qualify for exemption from quarantine, fully vaccinated immediate and extended family members of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act seeking to enter Canada to be with the Canadian citizen, permanent resident, or person registered as an Indian under the Indian Act will no longer be required to demonstrate their intent to stay in Canada for a period of at least 15 days. Unvaccinated immediate and extended family members will continue to need to demonstrate their intent to stay for a period of at least 15 days.
The Order no longer applies to persons entering Canadian waters, provided that they remain on board their vessel and do not make contact with another conveyance, anchor, or moor while in Canadian waters. Further, the Order does not apply to persons leaving Canadian waters and returning to Canada, provided that they meet the same conditions when they are outside of Canada.
Effective 12:01 a.m., Eastern daylight time on September 7, 2021, this Order will permit fully vaccinated foreign nationals from any country to enter Canada for discretionary travel. To coordinate with this change, several of the measures introduced under this Order as of August 9, 2021, will apply more broadly to all foreign nationals as of September 7, 2021. Further, the prohibition on entry for failure to submit the proper proof of vaccination in advance of travel to Canada will extend to all foreign nationals.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government departments, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; the Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.
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. 2021-823 August 6, 2021
Whereas the Governor in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;
Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of COVID-19 or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;
And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States).
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
Definitions
Definitions
1 The following definitions apply in this Order.
- common-law partner
- has the same meaning as in subsection 1(1) of the Immigration and Refugee Protection Regulations. (conjoint de fait)
- dependent child
- has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
- extended family member,
- in respect of a person, means
- (a) an individual who is 18 years of age or older and is in an exclusive dating relationship with the person — who is also 18 years of age or older — and who has been in such a relationship for at least one year and has spent time in the physical presence of the person during the course of the relationship;
- (b) a dependent child of the individual referred to in paragraph (a);
- (c) a child, other than a dependent child, of the person, of the person's spouse, of the person's common-law partner or of the individual referred to in paragraph (a);
- (d) a dependent child of the child referred to in paragraph (c);
- (e) a sibling, half-sibling or step-sibling of the person or of the person's spouse or common-law partner; or
- (f) a grandparent of the person or of the person's spouse or common-law partner. (membre de la famille élargie)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- fully vaccinated person
- has the same meaning as in subsection 1.1(1) of the Quarantine Order. (personne entièrement vaccinée)
- immediate family member,
- in respect of a person, means
- (a) the spouse or common-law partner of the person;
- (b) a dependent child of the person or of the person's spouse or common-law partner;
- (c) a dependent child of the dependent child referred to in paragraph (b);
- (d) the parent or step-parent of the person or of the person's spouse or common-law partner; or
- (e) the guardian or tutor of the person. (membre de la famille immédiate)
- international single sport event
- means an event that is governed by a sport's International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for that sport. (événement unisport international)
- permanent resident of Canada
- has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
- protected person
- has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
- Quarantine Order
- means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations). (Décret visant la quarantaine)
- study permit
- has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (permis d'études)
- temporary resident
- means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)
Prohibitions
Prohibition — signs and symptoms
2 (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 of Canada or person registered as an Indian under the Indian Act if the foreign national
- (a) seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada or person registered as an Indian; and
- (b) in the case of a foreign national who is not a fully vaccinated person, can demonstrate their intent to stay in Canada for a period of at least 15 days.
Non-application — extended family member
(3) Subsection (1) does not apply to a foreign national who is an extended family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if the foreign national
- (a) seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada or person registered as an Indian and, in the case of a foreign national who is not a fully vaccinated person, can demonstrate their intent to stay in Canada for a period of at least 15 days;
- (b) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident of Canada or person registered as an Indian that is signed,
- (i) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents, or
- (ii) in any other case, by the Canadian citizen, permanent resident of Canada or person registered as an Indian; and
- (c) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act, to enter Canada for the purpose referred to in paragraph (a).
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.
Non-application — fully vaccinated person
(5) Subsection (1) does not apply to a person that meets the following conditions if they comply with the requirements set out in subsection (5.1):
- (a) the person resides in the United States and is either a citizen of the United States or person who has been lawfully admitted to the United States for permanent residence; and
- (b) if the person seeks to enter Canada by aircraft, they board the aircraft after the coming into force of this Order.
Requirements — fully vaccinated person
(5.1) The requirements referred to in subsection (5) are:
- (a) the person is a fully vaccinated person and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination; or
- (b) the person is not a fully vaccinated person and meets one of the following requirements:
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (A) meets the requirements set out in paragraph (a), or
- (B) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act, or
- (ii) in the case of a person who is 18 years of age or older,
- (A) the person is dependent on one or more other persons for care or support by reason of mental or physical limitation, and
- (B) the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (I) meets the requirements set out in paragraph (a), or
- (II) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act.
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
Non-application — remote communities
(6) Subsection (1) does not apply to a habitual resident of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington who
- (a) is a citizen of the United States or person who has been lawfully admitted to the United States for permanent residence;
- (b) seeks to enter Canada to carry out everyday functions within neighbouring communities of their community; and
- (c) intends to remain in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country.
Prohibition — extended family member
3.1 A foreign national who is an extended family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act and who seeks to enter Canada to be with the Canadian citizen, permanent resident of Canada or person registered as an Indian is prohibited from entering Canada from the United States unless the foreign national
- (a) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident of Canada or person registered as an Indian that is signed,
- (i) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents, or
- (ii) in all other cases, by the Canadian citizen, permanent resident of Canada or person registered as an Indian; and
- (b) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act, to enter Canada for that purpose.
Prohibition — requirement to quarantine
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
- (a) seeks to enter Canada at a land port of entry designated by the Minister of Public Safety and Emergency Preparedness under section 26 of the Immigration and Refugee Protection Regulations and
- (i) is a claimant referred to in section 159.2, 159.5 or 159.6 of the Immigration and Refugee Protection Regulations, or
- (ii) is a citizen of the United States; or
- (b) is a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Public Safety and Emergency Preparedness or the Minister of Citizenship and Immigration, is in the national or public interest, while recognizing the paramount public health interests of Canada and Canadians.
Non-application — certain persons
(2) Subsection (1) does not apply to the following persons who seek to enter Canada at any place referred to in subsection 159.4(1) of the Immigration and Refugee Protection Regulations:
- (a) a citizen of the United States;
- (b) a stateless habitual resident of the United States; or
- (c) a person who
- (i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian as defined in section 159.1 of those Regulations,
- (ii) has neither a spouse nor a common-law partner within the meaning of those Regulations, and
- (iii) has, in the United States, neither a mother or father nor a legal guardian as defined in section 159.1 of those 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
- (a) a person who holds a valid study permit;
- (b) a person who may apply for a study permit when entering Canada under section 214 of the Immigration and Refugee Protection Regulations; or
- (c) a person whose application for a study permit was approved under the Immigration and Refugee Protection Act and who received written notice of the approval but who has not yet been issued the permit.
Listed institution
(2) For the purposes of subsections (1) and (1.1), a listed institution is an institution that is
- (a) determined, by the government of the province in which the institution is located, to have appropriate measures in place to ensure that the students who attend the institution can meet applicable obligations under the Quarantine Order; and
- (b) included in a list that is published by the Department of Citizenship and Immigration on its website, as amended from time to time, for the purposes of this Order.
Non-application — compassionate grounds
5.2 Subsection 3(1), section 3.1 and subsection 4(1) do not apply to a foreign national if
- (a) the Minister of Health determines that the foreign national seeks to enter Canada in order to engage in one of the following activities:
- (i) to provide support to a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a health care practitioner who is licensed in Canada, or to attend to their death,
- (ii) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada to require support for a medical reason, or
- (iii) to attend a funeral or end-of-life ceremony;
- (b) in the case where a foreign national is, based on the purpose of entry or the anticipated length of their stay, unable to comply with the applicable requirement to quarantine under the Quarantine Order, the Minister of Health
- (i) has not received written notice from the government of the province where the activity referred to in paragraph (a) will take place indicating that government opposes the non-application of subsections 3(1) and 4(1) to persons who engage in that activity in that province and who are unable to comply with the applicable requirement to quarantine under the Quarantine Order, and
- (ii) determines, if the foreign national seeks to engage in an activity referred to in paragraph (a) at a location other than a public outdoor location, that the person in charge of the location does not object to the foreign national being present to engage in that activity at that location; or
- (c) the foreign national has obtained a limited release from the requirement to quarantine on compassionate grounds under the Quarantine Order in order to engage in an activity referred to in paragraph (a).
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,
- (a) the name and contact information of all foreign nationals referred to in subsection (1); and
- (b) a letter of support for the entry into Canada of all foreign nationals referred to in subsection (1) from both the government of the province where the international single sport event will take place and the local public health authority.
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:
- (a) the event is cancelled by the individual or entity responsible for the event; or
- (b) the local public health authority or the government of the province withdraws the letter of support.
Application
Non-application — Order
6 This Order does not apply to
- (a) a person registered as an Indian under the Indian Act;
- (b) a person who, as determined by the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act, does not pose a risk of significant harm to public health;
- (c) a protected person;
- (d) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance, if the person is continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person does not land in Canada and the conveyance does not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law, or
- (ii) in the case of an aircraft, the conveyance does not land while in Canada; or
- (e) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance and then re-enters Canada on board the conveyance, if the person was continuously on board that conveyance while outside Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not make contact with another conveyance, moor or anchor while outside Canada, or
- (ii) in the case of an aircraft, the conveyance did not land while outside Canada.
Powers and Obligations
Powers and obligations
7 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act.
Amendments to this Order, Cessation of Effect, Repeal and Coming into Force
Amendments to this Order
Amendment to this Order — subsections 3(2) and (3)
8 (1) Subsections 3(2) and (3) of this Order are replaced by the following:
Non-application — immediate family member
(2) Subsection (1) does not apply to a foreign national who is an immediate family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if the foreign national seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.
Non-application — extended family member
(3) Subsection (1) does not apply to a foreign national who is an extended family member of a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act if the foreign national
- (a) seeks to enter Canada to be with that Canadian citizen, permanent resident of Canada or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days;
- (b) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident of Canada or person registered as an Indian that is signed,
- (i) in the case of a Canadian citizen, permanent resident of Canada or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents, or
- (ii) in any other case, by the Canadian citizen, permanent resident of Canada or person registered as an Indian; and
- (c) is authorized, in writing, by an officer designated under subsection 6(1) of the Immigration and Refugee Protection Act, to enter Canada for the purpose referred to in paragraph (a).
Amendment to this Order — subsections 3(5) and (5.1)
(2) Subsections 3(5) and (5.1) of this Order are replaced by the following:
Non-application — fully vaccinated person
(5) Subsection (1) does not apply to a person if
- (a) the person is a fully vaccinated person, and complies with the applicable requirement under the Quarantine Order to provide evidence of COVID-19 vaccination; or
- (b) the person is not a fully vaccinated person, and meets one of the following requirements:
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (A) meets the requirements set out in paragraph (a), or
- (B) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act, or
- (ii) in the case of a person who is 18 years of age or older,
- (A) the person is dependent on one or more other persons for care or support by reason of mental or physical limitation, and
- (B) the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
- (I) meets the requirements set out in paragraph (a), or
- (II) is a fully vaccinated person and a Canadian citizen, permanent resident of Canada or person registered as an Indian under the Indian Act.
- (i) in the case of a person who is less than 18 years of age, the person enters Canada with their parent, step-parent, guardian or tutor and that parent, step-parent, guardian or tutor
Cessation of Effect
September 21, 2021
9 This Order ceases to have effect at 12:01:00 a.m. Eastern Daylight Time on September 21, 2021.
Repeal
Repeal
10 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)footnote 2 is repealed.
Coming into Force
August 9, 2021
11 (1) Subject to subsection (2), this Order comes into force at 12:01:00 a.m. Eastern Daylight Time on August 9, 2021.
September 7, 2021
(2) Section 8 comes into force at 12:01:00 a.m. Eastern Daylight Time on September 7, 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. 2021-730 of the same name, which came into force on July 20, 2021.
The new Order complements any Order made under the Quarantine Act imposing testing, isolation or quarantine requirements upon entry into Canada.
Except for the provisions of this Order that will come into force at 12:01 a.m., Eastern daylight time on September 7, 2021, as detailed under the Implications section, this Order will be in effect from 12:01 a.m., Eastern daylight time on August 9, 2021, until 12:01 a.m., Eastern daylight time, September 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 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) [the Quarantine Order], subject to some exceptions. This Order also continues to prohibit entry of foreign nationals arriving from the United States if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions.
This Order contains substantive changes to reduce some border measures for both fully vaccinated and some unvaccinated travellers. All changes under the Order are described 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 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 year, 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 respiratory droplets and aerosols when an infected person breathes, coughs, sneezes, sings, shouts, or talks. The droplets vary in size, from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, sometimes called aerosols, which linger in the air in some circumstances.
COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with a median of 5 to 6 days. The time period in which an individual with COVID-19 can transmit the virus is said to be at a maximum of 10 days after symptom onset for immunocompetent people who have COVID-19.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus that causes COVID-19 with suspected higher transmissibility 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 no more than three days prior to boarding a flight to the United States. The United States is also actively exploring its approach to the land borders. As of April 2, 2021, the United States Centers for Disease Control and Prevention (CDC) 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) 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 180 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. Requiring that prior positive test results be obtained no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious and thus prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.
Prior to February 2021, the Government of Canada worked with provincial governments and industry stakeholders to test persons entering Canada at select airports and border crossings. This testing showed that 1–2% of people seeking to enter Canada had COVID-19. Of this 1–2%, 68.5% of cases were detected upon arrival, 25.8% were identified at day 7 of the quarantine period, and 5.6% were identified between days 7 to 14. In February 2021, the Government of Canada implemented mandatory pre-departure testing for persons travelling to Canada, as well as on arrival and post-arrival testing. From February 21, 2021, to July 24, 2021, the Government has seen a decline in the test positivity rate to 0.9% of travellers arriving by air and 0.2% of travellers arriving by land.
Vaccination
Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. As of July 28, 2021, the CDC has reported that over 189.5 million people in the United States (57.1% of the total population) have received at least one dose of a COVID-19 vaccine, and 163.6 million people (49.3% of the total population) have been fully vaccinated. By comparison, as of July 29, 2021, over 26.9 million Canadians (70.5% of the total population) have received at least one dose, and more than 21 million (57.2% of the total population) are fully vaccinated. It is important to note that this data specifically references total populations of both countries due to difficulties in acquiring accurate information on the population of individuals who are eligible for a vaccine in the United States.
The Government of Canada recently announced that Canada has received more than 66 million doses of COVID-19 vaccines — enough to fully vaccinate every eligible person in Canada — two months ahead of the original goal of September 2021.
Knowledge of the duration of the protection offered by COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19 to other individuals is rapidly evolving. Vaccinated individuals are less likely to become infected with SARS-CoV-2 and are therefore less likely to transmit infection to others. In addition, there is evidence to suggest that vaccinated individuals, if infected with SARS-CoV-2, are less likely to spread infection than unvaccinated infected people. Emerging evidence-based scientific data and experience will help inform future Government of Canada action in this area.
The COVID-19 Screening and Testing Expert Panel released its fourth report entitled Priority strategies to optimize testing and quarantine at Canada’s borders on June 8, 2021, which subdivided travellers into five categories based on their vaccination status, whether they had previously tested positive for COVID-19 and whether or not they were exempt from existing border measures. The panel recommended that fully vaccinated travellers could be treated differently from those who are either partially vaccinated (single dose of a two-dose schedule) or unvaccinated.
Wearing masks in public places is a simple, low-cost public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.
COVID-19 situation globally
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. Recently, the United States has reduced the level of some of its travel health notices, including reducing the level of the travel health notice for Canada from Level 4 to Level 3.
The cumulative number of COVID-19 cases reported globally is now over 194 million and the number of deaths exceeds 4 million. For the week of July 19, 2021, the global number of new cases reported was over 3.8 million, an 8% increase as compared to the previous week. The increases in transmission appear to be driven by the circulation of more transmissible variants of concern, the easing of domestic public health measures coupled with increased social mixing and low global vaccine coverage.
According to the WHO weekly report, as of July 25, 2021, the largest increases in case incidence compared to the previous week were recorded in the Region of the Americas (30% increase, with 1 260 598 new cases) and in the Western Pacific Region (25% increase, with 238 487 new cases). The European Region also reported an increase in new cases, albeit at a much lower rate of 3% (1 010 270 new cases) when compared to the previous week (21% increase, with 885 048 new cases). The African, Eastern Mediterranean, Western Pacific and European Regions reported similar numbers of deaths as compared to the previous week, whereas the increases were reported in both the Americas (29% increase) and South-East Asia (30% increase).
Despite efforts to extend vaccination coverage, many countries across all six WHO Regions continue to experience surges in COVID-19 cases among unvaccinated groups. As of July 25, 2021, the countries reporting the highest number of cases in the previous seven days were the United States (500 332 new cases; 131% increase), Brazil (324 334 new cases; 13% increase), Indonesia (289 029 new cases; 17% decrease), the United Kingdom (282 920 new cases; 5% decrease), and India (265 836 new cases; similar to the previous week).
In many countries, the spread of more contagious variants of concern have contributed to increased transmission. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa, Brazil and India have now been identified in many countries around the globe, including Canada and the United States, which have seen an increasing number of cases. As of July 25, 2021, the B.1.1.7 (Alpha) variant is reported in 182 countries, the B.1.351 (Beta) variant is reported in 131 countries, the P.1 (Gamma) variant is reported in 81 countries, and the B.1.617.2 (Delta) variant is reported in 132 countries across all six WHO regions.
The Delta variant is of particular concern given it is approximately 50% more transmissible than Alpha and has become the predominant variant in Canada, the United States and the United Kingdom. Delta has caused the majority of new cases in all three countries and has driven significant resurgences in the United States and the United Kingdom among unvaccinated persons. For example, according to public reports, 97% of people hospitalized due to COVID-19 in the United States are unvaccinated.
Even people who have received one dose of a two-dose vaccination schedule, though more protected than unvaccinated individuals, are still at higher risk of infection from Delta compared to other strains of COVID-19. However, vaccine effectiveness against Delta is similar to that for other strains of COVID-19 after two doses, underlining the importance of full vaccination.
The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country’s COVID-19 risk. At this time, it is the view of the Government of Canada that travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and that it increases the potential for onward community transmission of COVID-19. Efforts to prevent and control the spread of COVID-19 and variants of concern continue.
The increased transmission associated with these variants increases the risk of accelerated spread. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions between Canada and the United States were to be broadly lifted at this time. However, with increasing vaccination rates and evidence of decreased transmission from fully vaccinated individuals, there is justification to begin easing Canada’s border restrictions for some travellers.
COVID-19 situation in Canada
Domestically, the situation continues to improve, and Canada continues to trend in the right direction across all severity indicators and observe the positive impact of increasing vaccination coverage. As of July 27, 2021, provinces and territories have administered over 48 million doses.
However, an increase in the average 7-day case count has been detected nationally for the week ending on July 26, 2021. The Government of Canada continues to monitor all of the indicators for signals of a potential fourth wave; however, this increase in cases is not resulting in increased severe illness or additional demands on the health care system. For example, the average daily number of people in hospital and in critical care continues to decrease steadily. Hospitalizations continue to be relatively low across all age groups and deaths remain low.
As of July 26, 2021, there were 257 315 cases involving variants of concern in Canada reported via national case reporting. The B.1.617.2 (Delta) variant is proving to have the highest transmissibility rates of all variants of concern and has become the most frequently reported variant of concern in Canada. The Delta variant is now identified in most provinces and territories. New variants, including C.37 (Lambda) and B.1.621, were detected at the Canadian border in June 2021 and are being monitored.
Measures limiting optional or discretionary travel into Canada have significantly reduced the number of travel-related COVID-19 cases. Canada has seen an 87% decrease in the number of travellers arriving from the United States in June 2021 compared to June 2019, and a 93% decrease among international travellers arriving from all other countries for the same period.
However, the rate of importation increased in March and April 2021, driven by a number of factors, including the introduction of mandatory Canadian border testing measures that increased case detection; a worsening global situation; as well as an increase in the number of imported cases from India and Pakistan. Following the April 22, 2021, implementation of a NOTAM that restricted direct flights from India and Pakistan and a Transport Canada interim order that required indirect travellers from these countries to obtain a negative COVID-19 test from a third country, the rate of case importation into Canada decreased in May and remained relatively stable throughout June. The NOTAM and the interim order were lifted for Pakistan on June 22, 2021, while they were extended for India until August 21, 2021.
The introduction of border testing has led to improved case detection and the current number of reported imported cases is therefore likely a closer approximation of the true estimate of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021.
With the CDC having recently downgraded the travel health notice for Canada from Level 4 — Very High to Level 3 — High, there may be an increase in the number of persons interested in travelling to Canada from the United States. Easing measures to permit a gradual increase in discretionary travel into Canada will allow for a phased approach to Canada’s border reopening, that can be more easily adapted as needed in case of any unanticipated resurgence of cases.
Evidence demonstrates that a combination of pre-departure and post-arrival testing will facilitate detection of persons with COVID-19 arriving in Canada. Identification of cases will further permit genetic sequencing and the identification of variants of concern to support public health efforts to contain the spread of COVID-19. Persons who are fully vaccinated may not present as high a risk as unvaccinated travellers, so the public health risk mitigated by testing requirements and quarantining is lower for those who are fully vaccinated.
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 into Canada, including new variants of concern as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, can help further reduce the introduction into and the spread in Canada of COVID-19 or new variants of concern.
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 July 21, 2021, 60 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.
The Government of Canada has replaced inefficient paper-based processes at Canada’s ports of entry with electronic means including the ArriveCAN app and website, to reduce the public health risks of traveller backlogs and to allow for timely oversight and tracking by public health officials of travellers entering Canada. Traveller volumes are expected to increase significantly in the coming months; however, this increase is expected not to exceed the capacity of ArriveCAN. Therefore, there is no reasonable alternative to the increasing mandatory use of ArriveCAN to allow travellers to submit COVID-19 related information electronically in advance of their arrival.
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. The Government will consider a blend of criteria, including hospital capacity, infection rates, variants of concern and eligible population vaccination rates, when determining when to transition through the phases of reopening.
With new, more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence and precautionary approach to its border measures for travellers entering Canada. The Government of Canada’s phased approach to easing border measures is grounded in meeting specific public health criteria, and based on scientific evidence and the epidemiological situation in Canada and globally.
Increasing vaccination rates in Canada means that Canadians are better protected from potential sources of infection, including imported cases. Evidence shows COVID-19 vaccines are highly protective, with a low percentage of cases reported following vaccination. In the context of relatively low COVID-19 rates and increasing vaccine coverage, the Government of Canada took its first step toward easing of border measures by removing quarantine requirements for fully vaccinated travellers currently permitted entry into Canada on July 5, 2021. The Government of Canada will continue to review the available evidence and monitor the situation to determine appropriate incremental steps to lifting border measures that facilitate the safe resumption of international travel, while still reducing the introduction and transmission of COVID-19 in the country.
Implications
Key impacts for travellers
This Order introduces substantive amendments to reduce some border measures for both fully vaccinated and some unvaccinated travellers in recognition of increased vaccination by Canadians, as well as other epidemiological trends that indicate that Canada is better positioned to prevent and manage outbreaks of infection.
As was the case under the previous Order, foreign nationals travelling for any purpose will continue to be prohibited entry into Canada from the United States if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.
The Order will also continue to prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the Quarantine Order, with limited exceptions.
Effective at 12:01 a.m., Eastern daylight time on August 9, 2021, the following changes will take place under this Order:
Fully vaccinated citizens and permanent residents of the United States will be permitted to enter Canada from the United States for discretionary travel, provided they reside in the United States. This will include entry with their unvaccinated dependants, which will include children under the age of 18 and dependent adults (persons 18 years of age or older and dependent on one or more other persons for care or support by reason of mental or physical limitations).
These unvaccinated dependants will only be eligible for entry if they are travelling with a fully vaccinated parent or guardian. Both the fully vaccinated parent or guardian and the unvaccinated dependant must have complied with all of the pre- and post-arrival testing information disclosure requirements mandated under any other order regarding COVID-19 measures. Under the Quarantine Order, children under 12 will be exempt from quarantine and subject to certain enhanced public health measures.
Persons seeking to enter Canada from the United States for discretionary purposes as fully vaccinated travellers will be prohibited entry if they fail to submit the required proof of vaccination in advance of travel to Canada. For travel into Canada by air, the Quarantine Order will require that these persons submit their proof of vaccination before boarding their flight to Canada to prevent foreign nationals from flying into Canada if they do not have correct proof of vaccination. To align these two measures, this Order will specify that persons travelling by air must board the aircraft after the coming into force date (12:01 a.m., Eastern daylight time, August 9, 2021) to rely on the fully vaccinated provisions.
Greater mobility will be introduced for habitual residents of the remote communities of Point Roberts, Washington; Northwest Angle, Minnesota; and Hyder, Alaska. Unvaccinated residents of these communities will be permitted to enter a neighbouring Canadian community for optional or discretionary purposes to carry out everyday functions provided they intend to remain in that community while in Canada. Entry into Canada for these residents is currently limited to necessities of life. The Quarantine Order will include corresponding amendments for some of the testing and quarantine requirements currently in place for these communities.
Persons will also no longer be prohibited from entering Canada in marine mode, provided that they remain on board their vessel, and that they do not make contact with another conveyance, anchor, or moor while in Canadian waters. Persons leaving Canadian waters and returning to Canada would not be prohibited entry, provided that they meet the same conditions (i.e. not make contact with another conveyance, anchor or moor) when they are outside of Canada.
Effective 12:01 a.m., Eastern daylight time on September 7, 2021, this Order will permit fully vaccinated foreign nationals from any country to enter Canada from the United States for discretionary travel. To coordinate with this change, several of the measures introduced under this Order as of August 9, 2021, will apply more broadly to all foreign nationals as of September 7, 2021. For example, all fully vaccinated foreign nationals will be permitted to travel into Canada from the United States with their unvaccinated dependants. Further, the prohibition on entry for failure to submit proper proof of vaccination in advance of travel to Canada will extend to all foreign nationals.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government departments, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; the Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.
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. 2021-825 August 6, 2021
Whereas the Governor in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
Whereas the Governor in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;
Whereas the Governor in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of COVID-19 or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;
And whereas the Governor in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations).
TABLE OF PROVISIONS
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)
PART 1
General
1.1 Definitions
1.2 Non-application
1.3 Exempted persons — conditions or requirements
PART 2
Molecular Tests
2.1 Entering by aircraft — pre-boarding
2.2 Entering by land — pre-arrival
2.21 Entering by water — pre-arrival
2.3 Tests in Canada
2.4 Alternative testing protocol
2.5 Evidence of COVID-19 molecular test — retention
PART 3
Suitable Quarantine Plan and Other Measures
3.1 Suitable quarantine plan
3.2 Suitable quarantine plan — requirement
3.3 Information — countries
3.4 Mask
PART 4
Quarantine of Asymptomatic Persons
4.1 Requirements — quarantine
4.2 Additional requirements
4.3 Unable to quarantine
4.4 Unable to quarantine — additional requirements
4.5 Non-application — general
4.6 Non-application — medical reason
4.7 Non-application — compassionate grounds
4.8 Non-application — international single sport event
4.9 Non-application — fully vaccinated persons
4.91 Non-application — less than 12 years of age
4.92 Non-application — persons with contraindications
4.93 Signs and symptoms during quarantine period
4.94 Exception — leaving Canada
PART 5
Isolation of Symptomatic Persons
5.1 Requirements — isolation
5.2 Additional requirements
5.3 Unable to isolate
5.4 Unable to isolate — additional requirements
5.5 Non-application — medical reason
5.6 Positive result
5.7 Exception — leaving Canada
PART 6
Powers and Obligations
6.1 Powers and obligations
PART 7
Amendment to this Order, Transitional Provisions, Cessation of Effect, Repeal and Coming into Force
Amendment to this Order
7.1 Amendment
Transitional Provisions
7.2 Definitions
Cessation of Effect
7.3 September 21, 2021
Repeal
7.4
Coming into Force
7.5 August 9, 2021
SCHEDULE 1
SCHEDULE 2
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)
PART 1
General
Definitions
1.1 (1) The following definitions apply in this Order.
- accredited person
- means a foreign national who holds a passport that contains a valid diplomatic, consular, official or special representative acceptance issued by the Chief of Protocol for the Department of Foreign Affairs, Trade and Development. (personne accréditée)
- Canadian Forces
- means the armed forces of Her Majesty raised by Canada. (Forces canadiennes)
- Chief Public Health Officer
- means the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act. (administrateur en chef)
- COVID-19 molecular test
- means a COVID-19 screening or diagnostic test carried out by an accredited laboratory, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP). (essai moléculaire relatif à la COVID-19)
- crew member
- means
- (a) a crew member as defined in subsection 101.01(1) of the Canadian Aviation Regulations or a person who enters Canada only to become such a crew member;
- (b) a member of a crew as defined in subsection 3(1) of the Immigration and Refugee Protection Regulations or a person who enters Canada only to become such a member of a crew; or
- (c) a person who is re-entering Canada after having left to participate in mandatory training in relation to the operation of a conveyance and who is required by their employer to return to work as a crew member within the meaning of paragraph (a) or (b) on a conveyance within the 14-day period that begins on the day on which they return to Canada. (membre d’équipage)
- dependent child
- has the same meaning as in section 2 of the Immigration and Refugee Protection Regulations. (enfant à charge)
- evidence of a COVID-19 molecular test
- means evidence that contains the following information:
- (a) the name and date of birth of the person whose specimen was collected for the test;
- (b) the name and civic address of the laboratory that administered the test;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result. (preuve d’essai moléculaire relatif à la COVID-19)
- fully vaccinated person
- means a person who completed, at least 14 days before the day on which they entered Canada, a COVID-19 vaccine dosage regimen if
- (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- (i) the vaccine has been administered to the person in accordance with its labelling, or
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the regimen is suitable, having regard to the scientific evidence related to the efficacy of that regimen in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19; or
- (b) in all other cases,
- (i) the vaccines of the regimen are authorized for sale in Canada or in another jurisdiction, and
- (ii) the Minister of Health determines, on the recommendation of the Chief Public Health Officer, that the vaccines and the regimen are suitable, having regard to the scientific evidence related to the efficacy of that regimen and the vaccines in preventing the introduction or spread of COVID-19 or any other factor relevant to preventing the introduction or spread of COVID-19. (personne entièrement vaccinée)
- (a) in the case of a vaccine dosage regimen that uses a COVID-19 vaccine that is authorized for sale in Canada,
- international single sport event
- means an event that is governed by a sport’s International Federation or its regional or continental counterpart, that has a nationally or internationally established qualification process, and that is identified as part of the long-term development plans for high-performance national team athletes of the National Sport Organization for that sport. (événement unisport international)
- isolation
- means the separation of persons who have reasonable grounds to suspect that they have COVID-19, who exhibit signs and symptoms of COVID-19 or who know that they have COVID-19, in such a manner as to prevent the spread of the disease. (isolement)
- mask
- means any mask, including a non-medical mask, that meets all of the following requirements:
- (a) it is made of multiple layers of tightly woven material such as cotton or linen;
- (b) it completely covers a person’s nose, mouth and chin without gaping;
- (c) it can be secured to a person’s head with ties or ear loops. (masque)
- permanent resident of Canada
- has the meaning assigned by the definition permanent resident in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent du Canada)
- protected person
- has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act. (personne protégée)
- quarantine
- means the separation of persons in such a manner as to prevent the possible spread of disease. (quarantaine)
- quarantine facility
- means a place that is designated under section 7 of the Quarantine Act or that is deemed to be designated under subsection 8(2) of that Act, and that is chosen by the Chief Public Health Officer. (installation de quarantaine)
- signs and symptoms of COVID-19
- include a fever and a cough or a fever and difficulty breathing. (signes et symptômes de la COVID-19)
- temporary resident
- means a temporary resident within the meaning of the Immigration and Refugee Protection Act. (résident temporaire)
- vulnerable person
- means a person who
- (a) has an underlying medical condition that makes the person susceptible to complications related to COVID-19;
- (b) has a compromised immune system from a medical condition or treatment; or
- (c) is 65 years of age or older. (personne vulnérable)
Interpretation — fully vaccinated person
(2) For greater certainty, for the purposes of the definition fully vaccinated person, a COVID-19 vaccine that is authorized for sale in Canada does not include a similar vaccine sold by the same manufacturer that has been authorized for sale in another jurisdiction.
Non-application
1.2 This Order does not apply to a person who
- (a) enters Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance, if the person is continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person does not land in Canada and the conveyance does not make contact with another conveyance, moor or anchor while in Canadian waters, including the inland waters, other than anchoring carried out in accordance with the right of innocent passage under international law, or
- (ii) in the case of an aircraft, the conveyance does not land while in Canada; or
- (b) leaves Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance and then re-enters Canada on board the conveyance, if the person was continuously on board that conveyance while outside Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not make contact with another conveyance, moor or anchor while outside Canada, or
- (ii) in the case of an aircraft, the conveyance did not land while outside Canada.
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
- (a) a condition that allows for the collection of information about the likelihood of introduction or spread of COVID-19 by that person or member of a class of persons; or
- (b) a requirement referred to in this Order or any similar requirement.
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:
- (a) the risk to public health posed by COVID-19;
- (b) the likelihood or degree of exposure of the person or member of the class of persons to COVID-19 prior to entry into Canada;
- (c) the likelihood that the person or member of the class of persons could introduce or spread COVID-19;
- (d) the extent of the spread of COVID-19 in any place where the person or member of the class of persons travelled;
- (e) any scientific evidence indicating that a new variant of the virus that causes COVID-19 is spreading in a place where the person or member of the class of persons travelled;
- (f) the likelihood that the person or member of the class of persons could pose an imminent and severe risk to public health in Canada; and
- (g) any other factor consistent with the purposes of the Quarantine Act that the Chief Public Health Officer considers relevant.
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
- (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours, or within another period set out under the Aeronautics Act, before the aircraft’s initial scheduled departure time; or
- (b) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 180 days before the aircraft’s initial scheduled departure time.
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
- (a) a negative result for a COVID-19 molecular test that was performed in one of the following countries on a specimen collected no more than 72 hours before entering Canada:
- (i) in the case of a Canadian citizen, permanent resident of Canada, protected person or person registered as an Indian under the Indian Act, in Canada or the United States, or
- (ii) in all other cases, in the United States; or
- (b) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 180 days before entering Canada.
Exempted persons
(2) Subsection (1) does not apply to a person referred to in Table 2 of Schedule 1.
Entering by water — pre-arrival
2.21 (1) Every person must, before or when entering Canada by water, provide to the Minister of Health, screening officer or quarantine officer, evidence of a COVID-19 molecular test indicating that they received
- (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before entering Canada; or
- (b) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 180 days before entering Canada.
Exempted persons
(2) Subsection (1) does not apply to a person referred to in Table 3 of Schedule 1.
Tests in Canada
2.3 (1) Subject to subsections (1.1) and (3) to (5), every person who enters Canada must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test
- (a) when entering Canada; and
- (b) after entering Canada.
Exempted persons — asymptomatic persons
(1.1) Subject to subsections (3) and (4), the Chief Public Health Officer may, having regard to the factors set out in subsection 1.3(3), exempt a person referred to in subsection (1), or any member of a class of those persons, who is not referred to in subsection 5.1(1), from the requirements set out in paragraph (1)(a) or (b), or both.
COVID-19 molecular test — on request
(1.2) On the request, made in a randomized manner, of the Chief Public Health Officer, a person referred to in subsection (1.1) must, during the 14-day period that begins on the day on which the person enters Canada, undergo a COVID-19 molecular test in accordance with the instructions of a quarantine officer or the Minister of Health.
Positive result — requirements
(1.3) If the person obtains a positive result for the COVID-19 molecular test referred to in subsection (1) or (1.2), the person must, within 24 hours of receiving a positive result, report the result to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health and follow the instructions provided by the local public health authority specified by the quarantine officer or screening officer.
Expense
(2) For greater certainty, the person who must undergo the COVID-19 molecular tests must do so at their expense or at the expense of another person on behalf of that person unless the COVID-19 molecular tests are provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or by Her Majesty in right of a province.
Extraordinary circumstances
(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo, when or after entering Canada, the COVID-19 molecular test, in which case the person must follow the instructions of the quarantine officer.
Exempted persons — subsections (1) and (1.2)
(4) Subsections (1) and (1.2) do not apply to
- (a) a person referred to in Table 2 of Schedule 2; or
- (b) a person referred to in subsection 2.4(2) or in section 4.8.
Exempted persons — fully vaccinated persons
(5) Paragraph (1)(b) does not apply to a fully vaccinated person who provides the evidence of COVID-19 vaccination that they are required to provide under this Order.
Alternative testing protocol
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 a test in accordance with an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:
- (a) the number of tests;
- (b) the test method of each test;
- (c) the location where each test is administered;
- (d) the frequency of the tests;
- (e) the timing of the tests; and
- (f) any extraordinary circumstances.
Persons subject to alternative testing protocol
(2) The persons undergoing a test in accordance with an alternative testing protocol are
- (a) a person or any member of a class of persons designated by the Chief Public Health Officer;
- (b) a person who is less than 18 years of age and is not accompanied by a person who is 18 years of age or older; and
- (c) a person referred to in subsection 4.7(1).
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,
- (a) retain the evidence referred to in subsection 2.1(1), 2.2(1) or 2.21(1) and the evidence of a COVID-19 molecular test for the test referred to in subsection 2.3(1) or (1.2), during the following periods:
- (i) if the person is not required to isolate themselves, during the 14-day period that begins on the day on which the person enters Canada or that is replaced under subsection 4.93(1) or (2), and
- (ii) if the person is required to isolate themselves, during the 10-day period that begins on the day on which the person enters Canada or that is replaced under section 5.6;
- (b) retain the evidence of the result for a test referred to in subsection 2.4(1) during the 14-day period that begins on the day on which the person receives the evidence of the test result; and
- (c) provide, on request, the evidence referred to in paragraphs (a) and (b) to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.
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:
- (a) it includes the civic address of the place where they plan to quarantine themselves during the 14-day period that begins on the day on which the person enters Canada;
- (b) it includes their contact information for the 14-day period that begins on the day on which they enter Canada; and
- (c) it indicates that the place of quarantine meets the conditions set out in subsection (2).
Place of quarantine — conditions
(2) The applicable conditions for the place of quarantine are the following:
- (a) it allows the person to avoid all contact with other people with whom they did not travel unless they are a minor, in which case the minor can have contact with other people who are providing care and support to the minor and who reside with the minor until the expiry of the applicable period referred to in paragraph 2.5(1)(a);
- (b) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent, step-parent or dependent child in a parent-child relationship;
- (c) it allows no other person to be present at the place, unless that person resides there habitually;
- (d) it allows the person to have access to a bedroom at the place that is separate from the one used by persons who did not travel and enter Canada with that person;
- (e) it allows the person to access the necessities of life without leaving that place; and
- (f) it allows the person to avoid all contact with health care providers and persons who work or assist in a facility, home or workplace where vulnerable persons are present.
Suitable quarantine plan — requirement
3.2 (1) Subject to subsection (2), every person who enters Canada must provide to the Minister of Health, screening officer or quarantine officer a suitable quarantine plan that meets the requirements set out in section 3.1.
Exception — contact information
(2) Instead of providing the suitable quarantine plan, a person referred to in subsection 4.8(1) or Table 1 of Schedule 2 must provide to the Minister of Health, screening officer or quarantine officer their contact information for the 14-day period that begins on the day on which they enter Canada.
Timing
(3) The person who provides their suitable quarantine plan or their contact information must do so,
- (a) if the person enters Canada by aircraft, before boarding the aircraft for the flight to Canada;
- (b) if the person enters Canada by land, before entering Canada; or
- (c) if the person enters Canada by water, before or when entering Canada.
Electronic means
(4) A person who enters Canada must provide their suitable quarantine plan or their contact information by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their plan by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the plan must be provided in the form and manner and at the time specified by the Minister of Health.
Persons in transit
(5) Subsections (1) and (2) do not apply to a person who plans to arrive at a Canadian airport on board an aircraft in order to transit to another country and to remain in a sterile transit area, as defined in section 2 of the Immigration and Refugee Protection Regulations, until they leave Canada.
Information — countries
3.3 (1) Every person who enters Canada must disclose to the Minister of Health, screening officer or quarantine officer the countries that they were in during the 14-day period before the day on which they enter Canada.
Information and evidence of vaccination
(2) Subject to subsection (3) and unless they are a person referred to in item 4 of Table 1 of Schedule 2, every person who enters Canada must
- (a) disclose to the Minister of Health, screening officer or quarantine officer information related to their COVID-19 vaccination, including whether they received a COVID-19 vaccine, the brand name or any other information that identifies the vaccine that was administered, the dates on which the vaccine was administered, and the number of doses received; and
- (b) if they are a fully vaccinated person, provide the Minister of Health, screening officer or quarantine officer the evidence of COVID-19 vaccination referred to in subsection (4).
Extraordinary circumstances
(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirements referred to in subsection (2), in which case the person must follow the instructions of the quarantine officer.
Elements — evidence of vaccination
(4) Subject to subsection (5), the evidence of COVID-19 vaccination means evidence issued by the government or the non-governmental entity that is authorized to issue the evidence of COVID-19 vaccination in the jurisdiction in which the vaccine was administered, and must contain the following information:
- (a) the name of the person who received the vaccine;
- (b) the name of the government or the name of the non-governmental entity;
- (c) the brand name or any other information that identifies the vaccine that was administered; and
- (d) the dates on which the vaccine was administered or, if the evidence is one document issued for both doses and the document only specifies the date on which the most recent dose was administered, that date.
Evidence of vaccination — translation
(5) The evidence of COVID-19 vaccination must be in English or French and any translation into English or French must be a certified translation.
Timing — countries
(6) A person who is required to provide the information referred to in subsection (1) must do so,
- (a) if the person enters Canada by aircraft, before boarding the aircraft for the flight to Canada;
- (b) if the person enters Canada by land, before entering Canada; or
- (c) if the person enters Canada by water, before or when entering Canada.
Timing — COVID-19 vaccination
(7) A person who is required to provide the information referred to in paragraph (2)(a) or the evidence of COVID-19 vaccination referred to in paragraph (2)(b) must do so,
- (a) if the person enters Canada by aircraft,
- (i) in the case of a foreign national who seeks to enter Canada for an optional or discretionary purpose, such as tourism, recreation or entertainment, based on their status as a fully vaccinated person, before boarding the aircraft for the flight to Canada, or
- (ii) in all other cases, before entering Canada; or
- (b) if the person enters Canada by land, before entering Canada; or
- (c) if the person enters Canada by water, before or when entering Canada.
Electronic means
(8) A person who enters Canada must provide the information referred in subsection (1) and paragraph (2)(a) and the evidence of COVID-19 vaccination referred to in paragraph (2)(b) that they are required to provide by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their information by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the information must be provided in the form and manner and at the time specified by the Minister of Health.
Evidence of vaccination — retention
(9) Every person who enters Canada and who is required to provide evidence of COVID-19 vaccination must, during the applicable period referred to in paragraph 2.5(1)(a),
- (a) retain the evidence of COVID-19 vaccination;
- (b) if the evidence of COVID-19 vaccination is a certified translation, retain the original version of that evidence; and
- (c) provide, on request, the evidence of COVID-19 vaccination and, if applicable, the original version of that evidence to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.
Answers, information and records
(10) Every person who enters Canada must, for the purposes of the administration of this Order, before entering Canada and during the applicable period referred to in 2.5(1)(a),
- (a) answer any relevant questions asked by a screening officer, a quarantine officer, a peace officer or a public health official designated under subsection (11) or asked on behalf of the Chief Public Health Officer; and
- (b) provide to an officer or official referred to in paragraph (a) or the Chief Public Health Officer any information or record in the person's possession that the officer, official or Chief Public Health Officer may request, in the form and manner and at the time specified by the officer, official or Chief Public Health Officer.
Designation
(11) The Chief Public Health Officer may designate any person as a public health official.
Mask
3.4 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the applicable period referred to in 2.5(1)(a), wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19,
- (a) while they are entering Canada; and
- (b) while they are in transit to a place of quarantine or isolation, a health care facility or their place of departure from Canada, unless they are alone in a private conveyance.
Persons not subject to quarantine
(2) Every person who enters Canada and who, under section 4.5, subsection 4.7(1) or 4.8(1), section 4.9, subsection 4.91(1) or section 4.92, is not required to enter or remain in quarantine must, during the 14-day period that begins on the day on which they enter Canada,
- (a) wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19 when they are in public settings, including when entering Canada; and
- (b) maintain a list of the names and contact information of each person with whom the person comes into close contact and the locations visited during that period.
Non-application
(3) This section does not apply to
- (a) a person who needs to remove their mask for security or safety reasons;
- (b) a child who is less than two years of age; and
- (c) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask.
PART 4
Quarantine of Asymptomatic Persons
Requirements — quarantine
4.1 Every person who enters Canada and who does not exhibit signs and symptoms of COVID-19 must quarantine themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer, and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada, in a place
- (a) that meets the conditions set out in subsection 3.1(2);
- (b) that is considered suitable by the Chief Public Health Officer, screening officer or quarantine officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer, screening officer or quarantine officer considers relevant.
Additional requirements
4.2 A person referred to in subsection 4.1(1) must
- (a) report their arrival at, and the civic address of, their place of quarantine within 48 hours after entering Canada to the Minister of Health, screening officer or quarantine officer, by electronic means specified by the Minister of Health or by telephone using a number 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 report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health;
- (b) while they remain in quarantine in accordance with section 4.1,
- (i) monitor for signs and symptoms of COVID-19,
- (ii) report daily on their health status relating to signs and symptoms of COVID-19 to the Minister of Health, screening officer or quarantine officer, by electronic means specified by the Minister of Health or by telephone using a number 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 report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health, and
- (iii) in the event that they develop signs and symptoms of COVID-19 or receive a positive result for any type of COVID-19 test, follow the instructions provided by the public health authority specified by a screening officer or quarantine officer; and
- (c) within 24 hours of receiving the following results, report to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health
- (i) a positive result for a COVID-19 molecular test referred to in subsection 2.3(1) that was performed on a specimen collected during the 14-day period referred to in section 4.1, received before or after the expiry of that period, and
- (ii) any positive result for any other COVID-19 test that was performed on a specimen collected during the 14-day period referred to in section 4.1, received either before or after the expiry of that period.
Unable to quarantine
4.3 (1) A person referred to in section 4.1 is considered unable to quarantine themselves if
- (a) the person has not provided the evidence referred to in subsection 2.1(1), 2.2(1) or 2.21(1), unless the person is exempted from that requirement under subsection 2.1(2), 2.2(2) or 2.21(2);
- (b) the person refuses to undergo a COVID-19 molecular test under subsection 2.3(1) or (1.2) or a test referred to in subsection 2.4(1);
- (c) the person has not provided a suitable quarantine plan in accordance with this Order; or
- (d) the person cannot quarantine themselves in accordance with section 4.1.
Quarantine facility or other suitable place
(2) A person who, at the time of entry into Canada or at any other time during the 14-day period referred to in section 4.1, is considered unable to quarantine themselves must
- (a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility or transferring them between quarantine facilities; and
- (b) enter into quarantine without delay
- (i) at the quarantine facility in accordance with the instructions provided by a screening officer or quarantine officer and remain in quarantine at the facility or at any other quarantine facility to which they are subsequently transferred until the expiry of that period, or
- (ii) at any other place that the quarantine officer considers suitable, in accordance with the instructions provided by the quarantine officer, and remain in quarantine at the place or at any other place to which they are subsequently transferred until the expiry of that period.
Change of place
(3) A person may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the 14-day period that begins on the day on which the person enters Canada, in order to quarantine themselves in a place that meets the conditions set out in section 4.1 and must, if applicable, meet the requirements set out in section 4.2.
Choice of quarantine facility
(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the following factors:
- (a) the risk to public health posed by COVID-19;
- (b) the feasibility of controlling access to the quarantine facility;
- (c) the capacity of the quarantine facility;
- (d) the feasibility of quarantining persons at the facility;
- (e) the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada; and
- (f) any other factor that the Chief Public Health Officer considers relevant.
Unable to quarantine — additional requirements
4.4 A person referred to in subsection 4.3(2) or (3) must,
- (a) in the case of a person who is considered unable to quarantine themselves, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of quarantine under paragraph 4.2(a);
- (b) while they remain in quarantine in accordance with paragraph 4.3(2)(b),
- (i) monitor for signs and symptoms of COVID-19,
- (ii) report daily to a screening officer or quarantine officer at the quarantine facility on their health status relating to signs and symptoms of COVID-19, and
- (iii) in the event that they develop signs and symptoms of COVID-19 or receive a positive result for any type of COVID-19 test, follow the instructions provided by the public health authority specified by a screening officer or quarantine officer;
- (c) while they remain at a quarantine facility, undergo any health assessments that a quarantine officer requires; and
- (d) within 24 hours of receiving the following results, report them to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health:
- (i) a positive result for a COVID-19 molecular test referred to in subsection 2.3(1) or (1.2) or for a test referred to in subsection 2.4(1) that was performed on a specimen collected during the 14-day period referred to in section 4.1, received either before or after the expiry of that period, and
- (ii) any positive result for any other COVID-19 test that was performed on a specimen collected during the 14-day period referred to in section 4.1, received either before or after the expiry of that period.
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
- (a) provides evidence of a COVID-19 molecular test referred to in subsection 2.1(1), 2.2(1) or 2.21(1) that they are required to provide or fails to do so but 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;
- (b) monitors for signs and symptoms of COVID-19; and
- (c) in the event that they develop signs and symptoms of COVID-19 or receive a positive result for any type of COVID-19 test, follows the instructions provided by the public health authority specified by a screening officer or quarantine officer.
Non-application — medical reason
4.6 (1) Sections 4.1 to 4.4 do not apply to a person
- (a) during any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, if the person is in a quarantine facility, is outside that quarantine facility; or
- (b) during the time necessary to enable the person to undergo a COVID-19 molecular test.
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
- (a) the person is the subject of a provincial or local public health order that is inconsistent with those requirements; or
- (b) those requirements are inconsistent with another requirement imposed on them under the Quarantine Act.
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
- (a) determines that the person does not intend to quarantine themselves or to remain in quarantine, as the case may be, in order to engage in one of the following activities:
- (i) to provide support to a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed to be critically ill by a health care practitioner who is licensed in Canada, or to attend to their death,
- (ii) to provide care for a Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who is residing in Canada and who is deemed by a health care practitioner who is licensed in Canada to require support for a medical reason, or
- (iii) to attend a funeral or end-of-life ceremony;
- (b) has not received written notice from the government of the province where an activity referred to in paragraph (a) will take place indicating that government opposes the non-application of sections 4.1, 4.3 and 4.4 to persons who engage in that activity in that province;
- (c) determines, if the person seeks to engage in an activity referred to in paragraph (a) at a location other than a public outdoor location, that the person in charge of the location does not object to the former person being present to engage in that activity at that location; and
- (d) determines that an activity referred to in paragraph (a) is expected to take place during the 14-day period that begins on the day on which the person enters Canada and receives evidence that the circumstances necessitate a release from the requirement to quarantine.
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), 2.2(1) or 2.21(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 Quarantine Act
(4) For the purposes of any order made under section 58 of the Quarantine Act, the non-application of sections 4.1, 4.3 and 4.4 under this section is a limited release from the requirement to quarantine on compassionate grounds.
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
- (a) provide evidence of a COVID-19 molecular test referred to in subsection 2.1(1), 2.2(1) or 2.21(1) that they are required to provide or fails to do so but 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;
- (b) monitor for signs and symptoms of COVID-19; and
- (c) in the event that they develop signs and symptoms of COVID-19 or receive a positive result for any type of COVID-19 test, follow the instructions provided by the public health authority specified by a screening officer or quarantine officer.
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,
- (a) the name and contact information of all persons taking part in the international single sport event as a high-performance athlete or engaging in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport;
- (b) a plan that specifies measures to minimize the risk of introduction or spread of COVID-19; and
- (c) a letter of support for the plan from both the government of the province where the international single sport event will take place and the local public health authority.
Conditions
(3) Subsection (1) applies only if
- (a) the government of the province or the local public health authority has not withdrawn their letter of support for the plan;
- (b) the individual or entity responsible for the international single sport event has not cancelled that event;
- (c) the person is taking part in the international single sport event as a high-performance athlete or engaging in an essential role in relation to that event, if they are affiliated with a national organization responsible for that sport; and
- (d) the person complies with the conditions that are specified in the letter of authorization and that are imposed to minimize the risk of introduction or spread of COVID-19.
Consultation with Minister of Health
(4) Conditions that are imposed under paragraph (3)(d) must be developed in consultation with the Minister of Health.
Non-application — fully vaccinated persons
4.9 (1) A fully vaccinated person who enters Canada is released from the requirements set out in sections 4.1 to 4.4 if
- (a) the person provides evidence of a COVID-19 molecular test referred to in subsection 2.1(1), 2.2(1) or 2.21(1) that they are required to provide or they fail to do so but 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;
- (b) the person provides the information referred to in paragraph 3.3(2)(a) in accordance with section 3.3;
- (c) the person provides the evidence of COVID-19 vaccination in accordance with section 3.3;
- (d) the person undergoes a COVID-19 molecular test referred to in paragraph 2.3(1)(a) or subsection 2.3(1.2), or a test referred to in subsection 2.4(1), that they are required to undergo; and
- (e) the person monitors for signs and symptoms of COVID-19 until the expiry of the 14-day period that begins on the day on which the person enters Canada.
Signs and symptoms or positive result
(2) If the person referred to in subsection (1) who meets the conditions set out in that subsection develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 test before the expiry of the 14-day period that begins on the day on which the person enters Canada, the person must
- (a) report the signs and symptoms or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
- (b) follow the instructions provided by the public health authority specified by a screening officer or quarantine officer.
Non-application — less than 12 years of age
4.91 (1) Sections 4.1 to 4.4 do not apply to a person who is not a fully vaccinated person, who is less than 12 years of age and who meets the conditions set out in subsection (2).
Conditions
(2) The applicable conditions for the person referred to in subsection (1) are that
- (a) they entered Canada with one of their parents, step-parents, guardians or tutors and that parent, step-parent, guardian or tutor is a fully vaccinated person who meets the conditions set out in section 4.9;
- (b) they provide evidence of a COVID-19 molecular test referred to in subsection 2.1(1), 2.2(1) or 2.21(1) that they are required to provide or they fail to do so but 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;
- (c) they undergo a COVID-19 molecular test referred to in paragraph 2.3(1)(a), or a test referred to in subsection 2.4(1), that they are required to undergo; and
- (d) during the 14-day period that begins on the day on which they enter Canada,
- (i) they avoid all contact with vulnerable persons,
- (ii) they monitor themselves, or the parent, step-parent, guardian or tutor referred to in paragraph (a) monitors them, for signs and symptoms of COVID-19, and
- (iii) they and the parent, step-parent, guardian or tutor referred to in paragraph (a) comply with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.
Signs and symptoms or positive result
(3) If the person referred to in subsection (1) develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test before the expiry of the 14-day period that begins on the day on which the person enters Canada,
- (a) they or the parent, step-parent, guardian or tutor referred to in paragraph (a) must report the signs and symptoms or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
- (b) they and the parent, step-parent, guardian or tutor referred to in paragraph (a) must follow the instructions provided by the public health authority specified by a screening officer or quarantine officer.
Non-application — persons with contraindications
4.92 (1) Sections 4.1 to 4.4 do not apply to a person 12 years of age or older and who is not a fully vaccinated person if
- (a) they have a medical condition that is a contraindication that prevents them from completing a COVID-19 vaccine dosage regimen, according to the terms of market authorization of the relevant COVID-19 vaccines in the country in which the person resides;
- (b) they have written evidence from a physician who is licensed to practise medicine confirming the fact referred to in paragraph (1)(a); and
- (c) during the 14-day period that begins on the day on which the person enters Canada,
- (i) they meet the conditions set out in paragraphs 4.91(2)(b) and (c),
- (ii) they avoid all contact with vulnerable persons,
- (iii) they monitor for signs and symptoms of COVID-19, and
- (iv) they comply with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.
Evidence — translation
(2) The evidence referred to in paragraph (1)(b) must be in English or French and any translation into English or French must be a certified translation.
Evidence — retention
(3) Every person who enters Canada and who is required to have the evidence referred to in paragraph (1)(b) must, during the applicable period referred to in paragraph 2.5(1)(a),
- (a) retain the evidence;
- (b) if the evidence is a certified translation, retain the original version of that evidence; and
- (c) provide, on request, the evidence and, if applicable, the original version of that evidence to any official of the Government of Canada, including a public health official, or of the government of a province or to the local public health authority of the place where the person is located.
Signs and symptoms or positive result
(4) If the person referred to in this section develops signs and symptoms of COVID-19 or receives a positive result for a COVID-19 molecular test before the expiry of the 14-day period that begins on the day on which the person enters Canada, the person must
- (a) report the signs and symptoms or positive result without delay to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health; and
- (b) follow the instructions provided by the public health authority specified by a screening officer or quarantine officer.
Signs and symptoms during quarantine period
4.93 (1) During any applicable 14-day quarantine period that begins on the day on which the person enters Canada, if the person develops signs and symptoms of COVID-19 or is exposed to another person who exhibits signs and symptoms of COVID-19,
- (a) that period is replaced by a new 10-day isolation period that begins on the day on which the person developed signs and symptoms of COVID-19 or was most recently exposed to the other person; and
- (b) the requirements set out in Part 5 apply.
Positive result or exposure to another person
(2) During any applicable 14-day quarantine period that begins on the day on which the person enters Canada, if the person receives a positive result for any type of COVID-19 test or is exposed to another person who receives a positive result for any type of COVID-19 test,
- (a) that period is replaced by a new 10-day isolation period that begins on
- (i) in the case of a person who receives a positive result,
- (A) the date of specimen collection that was validated by the test provider and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
- (B) if no date of specimen collection was validated by the test provider, the test result date that was indicated by the test provider to the person or to the Minister of Health, screening officer or quarantine officer, or
- (ii) in the case of a person who is exposed to another person who receives a positive result, the date when the person was most recently exposed to the other person; and
- (i) in the case of a person who receives a positive result,
- (b) the requirements set out in Part 5 apply.
Cessation — daily reporting
(3) The requirements set out in subparagraphs 4.2(b)(ii) and 4.4(b)(ii) end if the person reports that they have developed signs and symptoms of COVID-19 or tested positive for COVID-19 for any type of COVID-19 test.
Exception — leaving Canada
4.94 A person referred to in section 4.1 or 4.3 may leave Canada before the expiry of the 14-day period set out in those provisions only if they quarantine themselves until they depart from Canada.
PART 5
Isolation of Symptomatic Persons
Requirements — isolation
5.1 (1) Every person who enters Canada and who has reasonable grounds to suspect they have COVID-19, exhibits signs and symptoms of COVID-19, knows that they have COVID-19 or has received a positive result for any type of COVID-19 test that was performed on a specimen collected within a period of 10 days before the day on which they enter Canada or on the day on which they enter Canada, as well as every person who travelled with that person must isolate themselves without delay in accordance with the instructions provided by a screening officer or quarantine officer in a place that meets the conditions set out in subsection (2) and remain in isolation until the expiry of the 10-day period that begins on the day on which the person enters Canada or any other applicable isolation period.
Place of isolation — conditions
(2) The applicable conditions for the place of isolation are the following:
- (a) it is directly accessible by a private conveyance that is shared with only persons who travelled and entered Canada with the person;
- (b) it allows the person to remain in isolation during the applicable isolation period;
- (c) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable person is a consenting adult or the parent, step-parent or dependent child in a parent-child relationship and no alternative care arrangement is available;
- (d) it allows the person to avoid all contact with any other people unless they are required or are directed to go to a place to seek medical care, in which case they must meet the requirements set out in subsection 5.5(3);
- (e) it allows the person to have access to a bedroom that is separate from those used by all other persons;
- (f) it allows the person to have access to a bathroom that is separate from those used by all other persons, or if not, at the discretion of the quarantine officer, it allows the person to follow the instructions of the quarantine officer;
- (g) it allows the person to have access to the necessities of life without leaving that place;
- (h) it allows the person to access local public health services;
- (i) it allows the person to provide a specimen collected for a COVID-19 molecular test for the purposes of subsection 2.3(1); and
- (j) it is considered suitable by the Chief Public Health Officer, screening officer or quarantine officer, having regard to the risk to public health posed by COVID-19, the likelihood or degree of exposure of the person to COVID-19 prior to entry into Canada and any other factor that the Chief Public Health Officer, screening officer or quarantine officer considers relevant.
Additional requirements
5.2 A person referred to in subsection 5.1(1) must
- (a) within 48 hours after entering Canada, report their arrival at, and the civic address of, the place of isolation to the Minister of Health, screening officer or quarantine officer, by electronic means specified by the Minister of Health or by telephone using a number 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 report that information by those means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the reporting must be done in the form and manner and at the time specified by the Minister of Health;
- (b) while they remain in isolation in accordance with section 5.1, undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and, if they require additional medical care, report to the public health authority specified by a screening officer or quarantine officer; and
- (c) within 24 hours of receiving the following results, report them to the Minister of Health, screening officer or quarantine officer by the means specified by the Minister of Health:
- (i) a positive result for a COVID-19 molecular test referred to in subsection 2.3(1) that was performed on a specimen collected during the applicable isolation period, received either before or after the expiry of that period, and
- (ii) any positive result for any other COVID-19 test performed on a specimen collected during the applicable isolation period, received either before or after the expiry of that period.
Unable to isolate
5.3 (1) A person referred to in subsection 5.1(1) is considered unable to isolate themselves if
- (a) the person has not provided the evidence referred to in subsection 2.1(1), 2.2(1) or 2.21(1), unless the person is exempted from that requirement under subsection 2.1(2), 2.2(2) or 2.21(2), as the case may be;
- (b) the person refuses to undergo the COVID-19 molecular test under subsection 2.3(1);
- (c) it is necessary for the person to 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 isolate themselves; or
- (d) the person cannot isolate themselves in accordance with subsection 5.1(1).
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
- (a) if directed by a screening officer or quarantine officer, board any means of transportation provided by the Government of Canada for the purpose of transporting them to a quarantine facility or transferring them between quarantine facilities; and
- (b) enter into isolation without delay
- (i) at the quarantine facility in accordance with the instructions provided by a screening officer or quarantine officer and remain in isolation at the facility or at any other quarantine facility to which they are subsequently transferred until the expiry of that period, or
- (ii) at any other place that the quarantine officer considers suitable, in accordance with the instructions provided by the quarantine officer, and remain in isolation at the place or at any other place to which they are subsequently transferred until the expiry of that period.
Change of place
(3) A person may, with the authorization of a quarantine officer, leave a quarantine facility before the expiry of the applicable isolation period, in order to isolate themselves in a place that meets the conditions set out in subsection 5.1(2) and must, if applicable, meet the requirements set out in section 5.2.
Choice of quarantine facility
(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the factors set out in subsection 4.3(4), with any necessary modifications.
Unable to isolate — additional requirements
5.4 The person referred to in subsection 5.3(2) or (3) must
- (a) in the case of a person who is considered unable to isolate themselves, report their arrival at the quarantine facility to a screening officer or quarantine officer at that facility within 48 hours after entering Canada, unless the person has already reported their arrival at their place of isolation under paragraph 5.2(a); and
- (b) while they remain in isolation in accordance with paragraph 5.3(2)(b), undergo any health assessments that a quarantine officer requires, monitor their signs and symptoms of COVID-19 and, if they require additional medical care, report to the public health authority specified by a screening officer or quarantine officer.
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)
- (a) during any medical emergency or essential medical services or treatments that require the person to visit or be taken to a health care facility that, if the person is in a quarantine facility, is outside that quarantine facility; or
- (b) during the time necessary to enable the person to undergo a COVID-19 molecular test.
Accompanying person
(2) If the person to whom isolation requirements do not apply under subsection (1) is a dependent child, the exception in that subsection extends to one other person who accompanies the dependent child.
Requirements
(3) For the purposes of subsection (1) and (2), the person must
- (a) wear a mask to go to and return from a health care facility or a place to undergo a COVID-19 molecular test;
- (b) not take public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to go to and return from that facility or place; and
- (c) not go to any other place.
Other cases
(4) The requirements set out in sections 5.1 to 5.4 do not apply to a person if
- (a) the person is the subject of a provincial or local public health order that is inconsistent with those requirements; or
- (b) the requirements are inconsistent with another requirement imposed on the person under the Quarantine Act.
Positive result
5.6 During the applicable isolation period, if the person receives a positive result for any type of COVID-19 test,
- (a) the period in progress is replaced by a new 10-day isolation period that begins on
- (i) the date of specimen collection that was validated by the test provider and indicated by the test provider to the Minister of Health, screening officer or quarantine officer, or
- (ii) if no date of specimen collection was validated by the test provider, the test result date that was indicated by the test provider to the person or to the Minister of Health, screening officer or quarantine officer; and
- (b) the associated requirements continue to apply.
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,
- (a) this Order does not affect any of the powers and obligations set out in the Quarantine Act;
- (b) this Order does not affect any of the powers and obligations under the Food and Drugs Act;
- (c) this Order may be administered and enforced using electronic means; and
- (d) the instructions to be followed under subsections 2.3(1), (1.2), (1.3) and (3), 2.4(1) and (3) and 3.3(3), section 4.1, paragraph 4.91(2)(c), subparagraph 4.92(1)(c)(i), subsection 5.1(1), paragraph 5.1(2)(f) and item 31 of Table 2 of Schedule 1 and item 21 of Table 3 of Schedule 1 include instructions that are provided after the time of entry into Canada.
PART 7
Amendment to this Order, Transitional Provisions, Cessation of Effect, Repeal and Coming into Force
Amendment to this Order
7.1 The portion of subsection 3.3(2) of this Order before paragraph (a) is replaced by the following:
Information and evidence of vaccination
(2) Subject to subsection (3), every person who enters Canada must
Transitional Provisions
Definitions
7.2 (1) The following definitions apply in this section:
- former Order
- means the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), P.C. 2021-732, as it read immediately before the coming into force of this Order. (ancien décret)
- 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)
Government-authorized accommodation — quarantine
(2) A person who was required to quarantine in a government-authorized accommodation in accordance with paragraph 4.1(1)(a) of the former Order, and who is quarantining at a government-authorized accommodation on the coming into force of this Order, is released from that requirement and must quarantine themselves in accordance with section 4.1 for the remainder of the applicable quarantine period.
Cessation of Effect
September 21, 2021
7.3 This Order ceases to have effect at 12:01:00 a.m. Eastern Daylight Time on September 21, 2021.
Repeal
7.4 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)footnote 3 is repealed.
Coming into Force
August 9, 2021
7.5 (1) Subject to subsection (2), this Order comes into force at 12:01:00 a.m. Eastern Daylight Time on August 9, 2021.
September 7, 2021
(2) Section 7.1 comes into force at 12:01:00 a.m. Eastern Daylight Time on September 7, 2021.
SCHEDULE 1
(Subsections 2.1(2), 2.2(2) and 2.21(2) and paragraph 6.1(d))
Exempted Persons — COVID-19 Molecular Test Before Entering Canada
TABLE 1
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,
|
4 | A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services |
5 | An emergency service provider, including a firefighter, peace officer or paramedic, who returns to Canada after providing emergency services in a foreign country and who is required to provide their services within the 14-day period that begins on the day on which they enter Canada |
6 | An official of the Government of Canada or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who is escorting an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person |
7 | An official of the Government of Canada, the government of a province or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who enters Canada for the purposes of border, immigration or law enforcement, or national security activities, that support active investigations, ensure the continuity of enforcement operations or activities or enable the transfer of information or evidence pursuant to or in support of a legal process |
8 | A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.1(1) of this Order to provide evidence of a COVID-19 molecular test is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
9 | A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces |
10 | A member of an air crew of a visiting force, as defined in section 2 of the Visiting Forces Act, who enters Canada for the purpose of performing mission-essential duties as a member of that force |
11 | A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with all conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
12 | A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
|
13 | A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
14 | A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with all conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
15 | A person who enters Canada by aircraft and who is not required under the Aeronautics Act to provide the evidence referred to in subsection 2.1(1) of this Order |
16 | Any person who takes a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test to be administered to the person before boarding the aircraft for the flight to Canada |
17 | A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada, who has been denied entry into a foreign country and who must board a flight destined to Canada |
18 | A person 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 and who, if they are not a fully vaccinated person does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
TABLE 2
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,
|
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 of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
|
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:
|
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 and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
16 | A habitual resident of the remote communities of Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada |
17 | A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who seeks to enter Canada to carry out everyday functions within neighbouring communities of their community, if the person intends to remain in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country |
18 | A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remains in those communities while in the United States |
19 | A habitual resident of an integrated transborder community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out everyday functions within that community |
20 | A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States |
21 | A student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from sections 4.1 and 4.3 of this Order |
22 | A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 21 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 |
23 | A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
24 | A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 23 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 |
25 | A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting |
26 | 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 |
27 | 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 |
28 | A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having been in the United States only to access the necessities of life from the closest American community where such necessities of life are available |
29 | 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 |
30 | 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 |
31 | 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 |
32 | A habitual resident of a place in Alaska who enters Canada via Yukon to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada |
TABLE 3
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,
|
4 | A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services |
5 | An emergency service provider, including a firefighter, peace officer or paramedic, who returns to Canada after providing emergency services in a foreign country and who is required to provide their services within the 14-day period that begins on the day on which they enter Canada |
6 | An official of the Government of Canada or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who is escorting an individual entering or leaving Canada pursuant to a legal process such as an international transfer of an offender or deportation or extradition of a person |
7 | An official of the Government of Canada, the government of a province or a foreign government, including a border services officer, immigration enforcement officer, law enforcement officer or correctional officer, who enters Canada for the purposes of border, immigration or law enforcement, or national security activities, that support active investigations, ensure the continuity of enforcement operations or activities or enable the transfer of information or evidence pursuant to or in support of a legal process |
8 | A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.21(1) of this Order to provide evidence of a COVID-19 molecular test is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
9 | A member of the Canadian Forces, who enters Canada for the purpose of performing their duties as a member of those forces |
10 | A person who returns to Canada after suffering hardship in a foreign country, as determined by the Minister of Foreign Affairs, if the person complies with all conditions imposed on them by the Minister of Foreign Affairs and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
11 | A person 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 person in the trade or transportation sector who is important for the movement of goods or people, including a truck driver or crew member on any aircraft, shipping vessel or train, who enters Canada for the purpose of performing their duties as a member of that sector |
13 | A person who enters Canada regularly to go to their normal place of employment or returns from their normal place of employment in the United States and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
14 | A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who seeks to enter Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not intend to transit from Canada to a community in the United States other than their community or to another country |
15 | A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remained in those communities while in the United States |
16 | A habitual resident of an integrated transborder community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out everyday functions within that community |
17 | A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States |
18 | A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having been in the United States only to access the necessities of life from the closest American community where such necessities of life are available |
19 | 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 |
20 | 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 |
21 | A person who, in extraordinary circumstances, is released by a quarantine officer from the requirement referred to in subsection 2.21(1) of this Order, in which case the person must follow the instructions of the quarantine officer |
22 | A habitual resident of a place in Alaska who enters Canada via Yukon to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada |
23 | A person who enters Canada by water on board a Safety Convention vessel as defined in section 2 of the Canada Shipping Act, 2001, that is not a pleasure craft as defined in that section, nor a vessel that carries passengers, if the Safety Convention vessel has been travelling for more than 72 hours before arriving at its destination in Canada |
SCHEDULE 2
(Paragraph 2.3(4)(a), subsection 3.2(2), section 4.5)
Exempted Persons — Various Requirements
TABLE 1
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,
|
5 | A person or any member of a class of persons for whom the release from the requirements set out in section 4.1 of this Order to quarantine themselves, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest, if the person complies with all conditions imposed on them by the relevant Minister and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
6 | A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services |
7 | A person who enters Canada for the purpose of providing medical care, transporting or collecting essential medical equipment, supplies or means of treatment, or delivering, installing, maintaining or repairing medically necessary equipment or devices and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
8 | A person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19, as long as they remain under medical supervision for the 14-day period that begins on the day on which they enter Canada |
9 | A Canadian citizen, permanent resident of Canada,
temporary resident, protected person or person
registered as an Indian under the Indian Act who
resides in Canada and who received essential medical
services or treatments in a foreign country, if the
person has
|
10 | A person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of performing their duties as a student in the health field and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
11 | A health care practitioner licensed to practise their profession with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
12 | A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada on board a Canadian fishing vessel or a foreign fishing vessel, as those terms are defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning of the vessel and exchange of crew |
13 | A habitual resident of an integrated transborder community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out everyday functions within that community |
14 | A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States |
15 | A person who enters Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by the government of a province, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, if the person remains on board the vessel |
16 | A student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from sections 4.1 and 4.3 of this Order |
17 | A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 16 or to pick the student up from that institution, if the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from that institution and they wear a mask while outside the conveyance |
18 | A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
19 | A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 18 or picking the student up from that institution and who enters Canada to return to their habitual place of residence after dropping off or picking up that student, if the driver left the conveyance while outside Canada, if at all, only to escort the student to or from that institution and they wore a mask while outside the conveyance |
20 | A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting |
21 | A driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver leaves the conveyance while in Canada, if at all, only to escort the dependent child to or from the conveyance and they wear a mask while outside the conveyance |
22 | A driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver left the conveyance while outside Canada, if at all, only to escort the dependent child to or from the conveyance and they wore a mask while outside the conveyance |
23 | A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not transit from Canada to a community in the United States other than their community or to another country |
24 | A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remains in those communities while in the United States |
25 | A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available |
26 | A person who enters Canada in a conveyance at
a land border crossing in either of the following
circumstances, if neither the person nor any other
person in the conveyance left the conveyance while
outside Canada:
|
27 | A person who, under an arrangement entered into between the Minister of Health and the minister responsible for health care in the province where the person enters Canada, is participating in a project to gather information to inform the development of quarantine requirements other than those set out in this Order, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
28 | A person or any person in a class of persons for whom the release from the requirements set out in section 4.1 of this Order to quarantine themselves, as determined by the Chief Public Health Officer, does not pose a risk of significant harm to public health, if the person complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 |
TABLE 2
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,
|
5 | A person or any member of a class of persons referred to in item 5 of Table 1 of Schedule 2 for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test is, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, in the national interest, if the person complies with all conditions imposed on them by the relevant Minister and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
6 | A person who is permitted to work in Canada as a provider of emergency services under paragraph 186(t) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of providing those services |
7 | A person who enters Canada for the purpose of providing medical care, transporting or collecting essential medical equipment, supplies or means of treatment, or delivering, installing, maintaining or repairing medically necessary equipment or devices and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
8 | A person who enters Canada for the purpose of receiving essential medical services or treatments within 36 hours of entering Canada, other than services or treatments related to COVID-19, as long as they remain under medical supervision for the 14-day period that begins on the day on which they enter Canada |
9 | A Canadian citizen, permanent resident of Canada, temporary resident, protected person or person registered as an Indian under the Indian Act who resides in Canada and who received essential medical services or treatments in a foreign country, if the person has
|
10 | A person who is permitted to work in Canada as a student in a health field under paragraph 186(p) of the Immigration and Refugee Protection Regulations and who enters Canada for the purpose of performing their duties as a student in the health field and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
11 | A health care practitioner licensed to practise their profession with proof of employment in Canada who enters Canada for the purpose of performing their duties as a practitioner and who, if they are not a fully vaccinated person, does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
12 | A person, including a captain, deckhand, observer, inspector, scientist and any other person supporting commercial or research fishing-related activities, who enters Canada on board a Canadian fishing vessel or a foreign fishing vessel, as those terms are defined in subsection 2(1) of the Coastal Fisheries Protection Act, for the purpose of carrying out fishing or fishing-related activities, including offloading of fish, repairs, provisioning of the vessel and exchange of crew |
13 | A habitual resident of an integrated transborder community that exists on both sides of the Canada-United States border who enters Canada within the boundaries of that community, if entering Canada is necessary for carrying out everyday functions within that community |
14 | A person who enters Canada to return to their habitual place of residence in Canada after carrying out everyday functions that, due to geographical constraints, necessarily involve entering the United States |
15 | A person who enters Canada on board a vessel, as defined in section 2 of the Canada Shipping Act, 2001, that is engaged in research and that is operated by or under the authority of the Government of Canada or at its request or operated by the government of a province, a local authority or a government, council or other entity authorized to act on behalf of an Indigenous group, if the person remains on board the vessel |
16 | A student who is enrolled at a listed institution within the meaning of any order made under section 58 of the Quarantine Act, who attends that institution regularly and who enters Canada to go to that institution, if the government of the province and the local health authority of the place where that institution is located have indicated to the Public Health Agency of Canada that the institution is authorized to accommodate students who are exempted from sections 4.1 and 4.3 of this Order |
17 | A driver of a conveyance who enters Canada to drop off a student enrolled in an institution referred to in item 16 or to pick the student up from that institution, if the driver leaves the conveyance while in Canada, if at all, only to escort the student to or from that institution and they wear a mask while outside the conveyance |
18 | A student who is enrolled at an educational institution in the United States, who attends that institution regularly and who enters Canada to return to their habitual place of residence after attending that institution and who, if they are not a fully vaccinated person does not directly care for persons 65 years of age or older within the 14-day period that begins on the day on which the person enters Canada |
19 | A driver of a conveyance who enters Canada after dropping off a student enrolled in an institution referred to in item 18 or picking the student up from that institution and who enters Canada to return to their habitual place of residence after dropping off or picking up that student, if the driver left the conveyance while outside Canada, if at all, only to escort the student to or from that institution and they wore a mask while outside the conveyance |
20 | A dependent child who enters Canada under the terms of a written agreement or court order regarding custody, access or parenting |
21 | A driver of a conveyance who enters Canada to drop off or pick up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver leaves the conveyance while in Canada, if at all, only to escort the dependent child to or from the conveyance and they wear a mask while outside the conveyance |
22 | A driver of a conveyance who enters Canada after dropping off or picking up a dependent child under the terms of a written agreement or court order regarding custody, access or parenting, if the driver left the conveyance while outside Canada, if at all, only to escort the dependent child to or from the conveyance and they wore a mask while outside the conveyance |
23 | A habitual resident of the remote community of Stewart, British Columbia who enters Canada after having entered the United States only to access the necessities of life from the closest American community where such necessities of life are available |
24 | A habitual resident of the remote communities of Hyder, Alaska, Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to carry out everyday functions within neighbouring communities of their community, if the person remains in those communities while in Canada and does not transit from Canada to a community in the United States other than their community or to another country |
25 | A habitual resident of the remote community of Campobello Island, New Brunswick who returns to Campobello Island after carrying out everyday functions within neighbouring communities of their community that are in the United States, if the person remained in those communities while in the United States |
26 | A person who enters Canada in a conveyance at a land border crossing in either of the following circumstances, if neither the person nor any other person in the conveyance left the conveyance while outside Canada:
|
27 | A person who, under an arrangement entered into between the Minister of Health and the minister responsible for health care in the province where the person enters Canada, is participating in a project to gather information to inform the development of quarantine requirements other than those set out in this Order, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
28 | A person or any person in a class of persons for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test does not, as determined by the Chief Public Health Officer, pose a risk of significant harm to public health, if the person complies with all conditions imposed on them by the Chief Public Health Officer to minimize the risk of introduction or spread of COVID-19 |
29 | A person who is less than five years of age |
30 | A person who provides to the screening officer or quarantine officer evidence of a COVID-19 molecular test indicating that they received a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 14 days and no more than 180 days before their entry into Canada or before the aircraft’s initial scheduled departure time |
31 | Any person who boards a medical evacuation flight for medical purposes, if the urgency of the medical situation does not permit a COVID-19 molecular test on entry into Canada |
32 | Any person who undergoes a test referred to in subsection 2.4(1) of this Order |
33 | A habitual resident of Northwest Angle, Minnesota or Point Roberts, Washington, who enters Canada to access the mainland United States or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada |
34 | A person or any member of a class of persons for whom the release from the requirement set out in subsection 2.3(1) or (1.2) of this Order to undergo a COVID-19 molecular test in Canada is, as determined by the Minister of Health, in the national interest, if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
35 | A person who, as determined by the Minister of Transport, will respond to, investigate or prevent significant disruptions to the effective continued operation of the national transportation system, transportation undertakings or transportation infrastructure, if the person complies with all conditions imposed on them by the Minister of Transport and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
36 | A person who, as determined by the Minister of Public Safety and Emergency Preparedness, will respond to, investigate or prevent events related to national security, if the person complies with all conditions imposed on them by the Minister of Public Safety and Emergency Preparedness and developed in consultation with the Minister of Health to minimize the risk of introduction or spread of COVID-19 |
37 | An accredited person and a person holding a D1, O1 or C1 visa entering Canada to take up a post and become an accredited person |
38 | A diplomatic or consular courier |
39 | A habitual resident of a place in Alaska who enters Canada via Yukon to access another place in Alaska or to return to their place of residence if neither they nor any other person in the conveyance leave the conveyance while in Canada |
40 | A person who enters Canada by water |
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations), is made pursuant to section 58 of the Quarantine Act. The Order repeals and replaces Order in Council P.C. 2021-732 of the same title, which came into force on July 20, 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) [the U.S. Entry Order] and any related interim order made under the Aeronautics Act to minimize the risk of importing the coronavirus disease 2019 (COVID-19).
Except for the provisions of this Order that will come into force at 12:01 a.m., Eastern daylight time on September 7, 2021, as detailed in the “Implications” section, this Order will be in effect from 12:01 a.m., Eastern daylight time on August 9, 2021, until 12:01 a.m., Eastern daylight time, September 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 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, and to answer questions to determine if they have signs or symptoms of COVID-19. The Order maintains all requirements for all unvaccinated travellers to have a COVID-19 molecular test result before entering Canada, to undergo testing when entering and once again later in the 14-day post-entry period, and to quarantine upon entry into Canada, subject to limited exceptions. Under this Order, the mandatory traveller declarations on vaccination status, proof of vaccination, public health measures, and testing requirements for fully vaccinated persons remain.
This Order contains substantive changes to reduce some border measures for fully vaccinated and unvaccinated travellers. There are also technical amendments introduced in the Order. All changes under the Order are described in the “Implications” section.
Background
COVID-19
COVID-19 is caused by a novel coronavirus capable of causing severe illness, named Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although it is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV), SARS-CoV-2 is more contagious than SARS-CoV and MERS-CoV.
COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been developing over the past 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 respiratory droplets and aerosols when an infected person breathes, coughs, sneezes, sings, shouts, or talks. The droplets vary in size, from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, sometimes called aerosols, which linger in the air in some circumstances.
COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with a median of 5 to 6 days. The time period in which an individual with COVID-19 can transmit the virus is said to be at a maximum of 10 days after symptom onset for immunocompetent people who have COVID-19.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus that causes COVID-19 with suspected higher transmissibility 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 no more than three days prior to boarding a flight to the United States. The United States is also actively exploring its approach to the land borders. As of April 2, 2021, the United States Centers for Disease Control and Prevention (CDC) has updated its 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 180 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, evidence of a positive test taken from a sample obtained 14 to 180 days prior to departure from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival. Requiring that prior positive test results be obtained no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious and, therefore, prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.
Prior to February 2021, the Government of Canada worked with provincial governments and industry stakeholders to test persons entering Canada at select airport and border crossings. This testing showed that 1 to 2% of people seeking to enter Canada had COVID-19. Of this 1 to 2%, 68.5% of cases were detected upon arrival, 25.8% were identified at day 7 of the quarantine period, and 5.6% were identified between days 7 and 14. In February 2021, the Government of Canada implemented mandatory pre-departure testing for persons travelling to Canada, as well as on-arrival and post-arrival testing. From February 21, 2021, to July 24, 2021, the Government has seen a decline in the test positivity rate to 0.9% of travellers arriving by air and 0.2% of travellers arriving by land.
Vaccination
Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. As of July 28, 2021, the CDC has reported that over 189.5 million people in the United States (57.1% of the total population) have received at least one dose of a COVID-19 vaccine, and 163.6 million people (49.3% of the total population) have been fully vaccinated. By comparison, as of July 29, 2021, over 26.9 million Canadians (70.5% of the total population) have received at least one dose, and more than 21 million (57.2% of the total population) are fully vaccinated. It is important to note that this data specifically references total populations of both countries due to difficulties in acquiring accurate information on the population of individuals who are eligible for a vaccine in the United States.
The Government of Canada recently announced that Canada has received more than 66 million doses of COVID-19 vaccines — enough to fully vaccinate every eligible person in Canada — two months ahead of the original goal of September 2021.
Knowledge about the duration of the protection offered by COVID-19 vaccines and the effectiveness of COVID-19 vaccines in preventing asymptomatic infection and reducing transmission of COVID-19 to other individuals is rapidly evolving. Vaccinated individuals are less likely to become infected with SARS-CoV-2 and are therefore less likely to transmit infection to others. In addition, there is evidence to suggest that vaccinated individuals, if infected with SARS-CoV-2, are less likely to spread infection than unvaccinated infected people. Emerging evidence-based scientific data and experience will help inform future Government of Canada action in this area.
The COVID-19 Screening and Testing Expert Panel released its fourth report entitled Priority strategies to optimize testing and quarantine at Canada’s borders on June 8, 2021. The Report subdivided travellers into five categories based on their vaccination status, whether they had previously tested positive for COVID-19 and whether or not they were exempt from existing border measures. The panel recommended that fully vaccinated travellers could be treated differently from those who are either partially vaccinated (single dose of a two-dose schedule) or unvaccinated.
Wearing masks in public places is a simple, low-cost public health measure to prevent the transmission of COVID-19. Evidence suggests that mask use decreases transmission in the community when adherence levels are good and when masks are worn in accordance with public health guidance.
COVID-19 situation globally
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. Recently, the United States has reduced the level of some of its travel health notices, including reducing the level of the travel health notice for Canada from Level 4 to Level 3.
The cumulative number of COVID-19 cases reported globally is now over 194 million and the number of deaths exceeds 4 million. For the week of July 19, 2021, the global number of new cases reported was over 3.8 million, an 8% increase as compared to the previous week. The increases in transmission appear to be driven by the circulation of more transmissible variants of concern, easing of domestic public health measures coupled with increased social mixing and low global vaccine coverage.
According to the WHO weekly report, as of July 25, 2021, the largest increases in case incidence compared to the previous week were recorded in the Region of the Americas (30% increase, with 1 260 598 new cases) and in the Western Pacific Region (25% increase, with 238 487 new cases). The European Region also reported an increase in new cases, albeit at a much lower rate of 3% (1 010 270 new cases) when compared to the previous week (21% increase, with 885 048 new cases). The African, Eastern Mediterranean, Western Pacific and European regions reported similar numbers of deaths as compared to the previous week, whereas the increases were reported in both the Americas (29% increase) and South-East Asia (30% increase).
Despite efforts to extend vaccination coverage, many countries across all six WHO Regions continue to experience surges in COVID-19 cases among unvaccinated groups. As of July 25, 2021, the countries reporting the highest number of cases in the previous seven days were the United States (500 332 new cases; 131% increase), Brazil (324 334 new cases; 13% increase), Indonesia (289 029 new cases; 17% decrease), the United Kingdom (282 920 new cases; 5% decrease), and India (265 836 new cases; similar to the previous week).
In many countries, the spread of more contagious variants of concern has contributed to increased transmission. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa, Brazil and India have now been identified in many countries around the globe, including Canada and the United States, which have seen an increasing number of cases. As of July 25, 2021, the B.1.1.7 (Alpha) variant is reported in 182 countries, the B.1.351 (Beta) variant is reported in 131 countries, the P.1 (Gamma) variant is reported in 81 countries, and the B.1.617.2 (Delta) variant is reported in 132 countries across all six WHO regions.
The Delta variant is of particular concern given that it is approximately 50% more transmissible than Alpha, and has become the predominant variant in Canada, the United States and the United Kingdom. Delta has caused the majority of new cases in all three countries, and has driven significant resurgences in the United States and the United Kingdom among unvaccinated persons. For example, according to public reports, 97% of people hospitalized due to COVID-19 in America are unvaccinated.
Even people who have received one dose of a two-dose vaccination schedule, though more protected than unvaccinated individuals, are still at higher risk of infection from Delta compared to from other strains of COVID-19. However, vaccine effectiveness against Delta is similar to that for other strains of COVID-19 after two doses, underlining the importance of full vaccination.
The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country’s COVID-19 risk. At this time, it is the view of the Government of Canada that travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and increases the potential for onward community transmission of COVID-19. Efforts to prevent and control the spread of COVID-19 and variants of concern continue.
The increased transmission associated with these variants increases the risk of accelerate spread. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions were to be broadly lifted at this time. However, with increasing vaccination rates and evidence of decreased transmission from fully vaccinated individuals, there is justification to begin easing Canada’s border restrictions for some travellers.
COVID-19 situation in Canada
Domestically, the situation continues to improve, and Canada continues to trend in the right direction across all severity indicators, and observe the positive impact of increasing vaccination coverage. As of July 27, provinces and territories had administered over 48 million doses.
However, an increase in the average seven-day case count has been detected nationally for the week ending on July 26, 2021. The Government of Canada continues to monitor all of the indicators for signals of a potential fourth wave; however, this increase in cases is not resulting in increased severe illness or additional demands on the health care system. For example, the average daily number of people in hospital and in critical care continues to decrease steadily. Hospitalizations continue to be relatively low across all age groups and the number of deaths remains low.
As of July 26, 2021, there were 257 315 cases involving variants of concern in Canada reported via national case reporting. The B.1.617.2 (Delta) variant is proving to have the highest transmissibility rates of all variants of concern and has become the most frequently reported variant of concern in Canada. The Delta variant is now identified in most provinces and territories. New variants, including C.37 (Lambda) and B.1.621, were detected at the Canadian border in June 2021, and are being monitored.
Measures limiting optional or discretionary travel into Canada have significantly reduced the number of travel-related COVID-19 cases. Canada has seen an 87% decrease in the number of travellers arriving from the United States, in June 2021 compared to June 2019, and a 93% decrease among international travellers arriving from all other countries for the same period.
However, the rate of importation increased in March and April 2021, driven by a number of factors, including a worsening global situation, as well as an increase in the number of imported cases from India and Pakistan. Further, the introduction of mandatory Canadian border testing measures increased case detection. Following the April 22, 2021, implementation of a NOTAM that restricted direct flights from India and Pakistan and a Transport Canada interim order that required indirect travellers from these countries to obtain a negative COVID-19 test from a third country, the rate of case importation into Canada decreased in May and remained relatively stable throughout June. The NOTAM and the interim order were lifted for Pakistan on June 22, 2021, while they were extended for India until August 21, 2021.
The introduction of border testing has led to improved case detection and the current number of reported imported cases is therefore likely a closer approximation of the true estimate of imported cases than what was reported prior to the implementation of routine post-border testing in February 2021.
Evidence demonstrates that a combination of pre-departure and post-arrival testing will facilitate the detection of persons with COVID-19 arriving in Canada. Identification of cases will further permit genetic sequencing and the identification of variants of concern to support public health efforts to contain the spread of COVID-19. Persons who are fully vaccinated may not present as high a risk as unvaccinated travellers, so the public health risk mitigated by testing requirements and quarantining is lower for those who are fully vaccinated.
A certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary transmission to household members or in the community. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19, including new variants of concern, into Canada as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, can help further reduce the introduction and spread of COVID-19 or new variants of concern in Canada.
Government of Canada response to COVID-19 pandemic
The Government of Canada’s top priority is the health and safety of Canadians. To limit the introduction and spread of COVID-19 in Canada, the Government of Canada has taken unprecedented action to implement a comprehensive strategy with layers of precautionary measures. 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 July 21, 2021, 60 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce the risk of importation from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Some provinces and territories have implemented their own restrictions. Together, these measures have been effective in reducing the number of travel-related cases.
The Government of Canada has replaced inefficient paper-based processes at Canada’s ports of entry with electronic means, including the ArriveCAN app and website, to reduce the public health risks of traveller backlogs and to allow for timely oversight and tracking by public health officials of travellers entering Canada. Traveller volumes are expected to increase significantly in the coming months; however, this increase is expected not to exceed the capacity of ArriveCAN. There is no reasonable alternative to the increasing mandatory use of ArriveCAN to allow travellers to submit COVID-19 related information electronically in advance of their arrival.
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. The Government will consider a blend of criteria, including hospital capacity, infection rates, variants of concern and eligible population vaccination rates, when determining when to transition through the phases of reopening.
With new, more transmissible variants of the virus that causes COVID-19 in countries around the world, the Government of Canada continues to take a data-driven, scientific evidence and precautionary approach to its border measures for travellers entering Canada. The Government of Canada’s phased approach to easing border measures is grounded in meeting specific public health criteria, and based on the epidemiological situation in Canada and globally.
Increasing vaccination rates in Canada means that Canadians are better protected from potential sources of infection, including imported cases. Evidence shows that COVID-19 vaccines are highly protective, with a low percentage of cases reported following vaccination. On July 5, 2021, because of relatively low domestic COVID-19 rates and increasing vaccine coverage, the Government of Canada took its first step toward easing border measures by removing quarantine requirements for fully vaccinated travellers currently permitted entry into Canada. The Government of Canada will continue to review the available evidence and monitor the situation to determine appropriate, incremental steps to lifting border measures that facilitate the safe resumption of international travel, while reducing the introduction and transmission of COVID-19 in the country.
Implications
Key impacts for persons entering Canada
This Order introduces substantive amendments to reduce some border measures for fully vaccinated and unvaccinated travellers in recognition of increased vaccination by Canadians, as well as of other epidemiological trends that indicate that Canada is better positioned to prevent and manage outbreaks of infection.
As was the case under the previous Order, before entering Canada, all travellers arriving by land and air will be required to submit accurate contact information and quarantine plans to the Minister of Health by electronic means, or another means for certain classes of persons, as determined by the Minister. The current requirement for all travellers to have a COVID-19 molecular test result before entering Canada, with limited exceptions, will remain. All travellers arriving by land and air, with limited exceptions, must continue to provide information on their vaccination status, to assist with identification of vaccine-escape variants. Unvaccinated persons will still be required to quarantine for 14 days from the day upon which they entered Canada, and undergo testing when entering and once again later in the 14-day post-entry period, subject to limited exceptions.
Under this Order, fully vaccinated persons entering by air or land will remain exempt from the requirement to quarantine provided they fulfill certain conditions. These travellers must continue to electronically submit COVID-19 related information into ArriveCAN as required, meet the pre- and on-arrival test requirements, have a suitable quarantine plan in place as a precautionary measure, be asymptomatic and not have any positive COVID-19 tests (unless undergone in the 14–180 day period prior to entry) or exposure to another traveller who is symptomatic or who has tested positive. These persons must also continue to provide evidence of vaccination electronically. This documentation must be in English or French, or a certified translation into either of these languages, and travellers must keep copies during the first 14 days after entering Canada. As is true for other travellers exempt from quarantine, fully vaccinated persons will still be required to wear a mask when they are in public settings, including when entering Canada, and keep a list of their close contacts for the full 14-day period.
Effective at 12:01 a.m., Eastern daylight time on August 9, 2021, the following changes will take place under this Order:
Incoming air travellers will no longer be required to remain in government-authorized accommodations while they wait for the result of their on-arrival test. Any persons staying in these accommodations as of this date will be released and directed to complete their remaining quarantine in a suitable place. Further, the isolation period for symptomatic persons (and those testing positive) will be reduced from 14 days to 10 days, based on the latest evidence on the infectious period of COVID-19.
Certain fully vaccinated foreign nationals seeking to enter Canada for a discretionary purpose by air mode will be required to submit proof of vaccination before boarding a flight to Canada. This change will help prevent foreign nationals from flying into Canada if they do not have the required proof of vaccination.
Unvaccinated dependent children under the age of 12 who enter Canada with a fully vaccinated parent or guardian will be exempt from quarantine and will be subject to certain enhanced public health measures. As is the case for all quarantine-exempt travellers, these children will be required to wear a mask when they are in public settings, including when entering Canada, and they or their parent must keep a list of their close contacts for the full 14-day period. The requirement to wear a mask will not apply to children younger than 2 years old, or to children aged 2–5 who are unable to tolerate wearing a mask. Under the Order, these children must avoid contact with anyone who is a vulnerable person. Vulnerable persons under the Order refers to persons who are immunocompromised, over the age of 65, or who have an underlying medical condition. The Minister of Health will also be provided with the authority to impose additional conditions for this exemption to minimize the risk of introduction or spread of COVID-19.
This quarantine exemption will not apply to unvaccinated older children aged 12 to 17 and dependent adults (persons 18 years of age or older dependent on one or more other person for care or support by reason of mental or physical limitation) who enter Canada with a fully vaccinated parent or guardian.
Persons who are medically unable to receive a vaccine will also be exempt from quarantine, subject to certain conditions. The medical exemption will be limited to specific medical conditions that are known contraindications to vaccination established for the drug (e.g. severe allergic reactions, such as anaphylaxis, after a previous dose), and that are supported by a letter from a licensed physician in Canada or the person’s country of residence. These letters will be required to be in English or French, or a certified translation into either of these languages. Similar to unvaccinated children under the age of 12, these persons will be required to wear a mask in public, maintain a list of close contacts, avoid all contact with vulnerable persons, and follow any additional conditions imposed on them by the Minister of Health. These travellers will remain subject to pre- and post-arrival testing, unless otherwise exempt.
To coincide with the changes under the U.S. Entry Order to provide greater mobility for persons residing in Point Roberts, Washington; Northwest Angle, Minnesota; and Hyder, Alaska, unvaccinated residents of these remote communities will be exempt from quarantine, when entering neighbouring Canadian communities to carry out everyday functions, provided they intend to remain in that community while in Canada. These residents will retain their existing exemptions from the requirements to have a negative COVID-19 molecular test result before entry and undergo tests in Canada. Similar treatment under this Order will be afforded to residents of Campobello Island, New Brunswick, returning to Canada following travel to neighbouring U.S. communities.
Persons with a right of entry returning to Canada by land following travel to the United States, for less than 72 hours, will be permitted to complete their pre-arrival test in Canada rather than in the United States. Foreign nationals will remain subject to the requirement to have their test completed in the United States. Further, the time limit for those who test positive as a result of a prior infection will be increased (from 14 to 180 days before entry, rather than from 14 to 90 days before entry) based on evolving public health advice.
The Chief Public Health Officer will be provided with the authority to implement, as needed, a surveillance-based testing program through mandatory randomized testing. A surveillance approach will allow the Government of Canada to continue monitoring COVID-19 prevalence in travellers and identifying new variants entering Canada, while ensuring operational capacity to continue to protect Canadians. This new authority will allow the Chief Public Health Officer to switch to mandatory randomized testing for any cohort of traveller based on the latest scientific evidence and the epidemiological situation in Canada and globally and on traveller volumes.
All persons travelling to Canada by marine vessel will be required to have a negative COVID-19 molecular test result before entering Canada, subject to limited exceptions (e.g. this requirement will not apply to persons onboard transoceanic industrial shipping vessels if they have been at sea for more than 72 hours prior to arrival). These marine travellers will not be subject to the requirement to undergo testing when entering and once again later in the 14-day post-entry period, and fully vaccinated persons will be exempt from the requirement to quarantine. These travellers will be required to submit into ArriveCAN, before or when entering Canada, evidence of vaccination, as well as accurate contact information and quarantine plans, or just contact information if they are exempt from quarantine.
The compassionate grounds for limited release from quarantine provisions (e.g. to attend death, provide support, provide care, attend a funeral or end-of-life ceremony) will be limited to immediate situations that preclude the ability to plan for quarantine. Travellers requesting entry on compassionate grounds must be able to demonstrate the immediacy of their need and the inability to quarantine for 14 days. Existing exemptions preventing individuals from providing direct care for persons 65 years and older during the 14 days following entry will also be amended to no longer apply to fully vaccinated persons. Unvaccinated persons will remain subject to these requirements.
The requirements for a suitable isolation plan will be amended to modify the shared bathroom criteria. Persons with shared bathrooms in an isolation scenario will have the ability to request a review of their isolation plan by a quarantine officer to assess the acceptability of the arrangement. This will replace the current automatic refusal for this criteria.
A technical amendment will also be made to the elements of evidence of COVID-19 vaccination, in particular removing the requirement that vaccine evidence must include the date of both doses of the vaccine in cases where a vaccine certificate does not include both dates (such as European Union vaccine certificates).
Effective at 12:01 a.m., Eastern daylight time on September 7, 2021, this Order will require essential service travellers with a Chief Public Health Officer exemption from quarantine to submit vaccination status information.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act.
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, given linkages to departmental mandates and other statutory instruments, there has been consultation across multiple government departments, including the Canada Border Services Agency; Indigenous Services Canada; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; Health Canada; Agriculture and Agri-Food Canada; Employment and Social Development Canada; Fisheries and Oceans Canada; the Canadian Armed Forces; Canadian Heritage; and Global Affairs Canada.
Contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.ca