- (i) have a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed,
- (A) in the case of a Canadian citizen, permanent resident or person registered as an Indian who has not yet attained the age of 18 years, by one of their parents, or
- (B) in all other cases, by the Canadian citizen, permanent resident or person registered as an Indian, and
- (i) does not pose a risk of significant harm to public health, or
- (ii) will provide an essential service while in Canada;
- (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;
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 — other orders
(2.1) A foreign national is prohibited from entering Canada from any country other than the United States if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.
Prohibition — optional or discretionary purpose
(3) A foreign national is prohibited from entering Canada from any country other than the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
Non-application — immediate or extended family member
(4) Subsection (3) does not apply to a foreign national who is an immediate family member or extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national seeks to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.
Non-application — national interest
(5) Subsection (3) does not apply to a person referred to in paragraph (1)(k).
Non-application — compassionate grounds
3.1 Section 2 and subsections 3(2.1) and (3) do not apply to a foreign national if
- (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 attend to the death of or provide support to a Canadian citizen, permanent resident, 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 licensed health care practitioner,
- (ii) to provide care for a Canadian citizen, permanent resident, 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 licensed health care practitioner to have a medical reason that they require support, or
- (iii) to attend a funeral or end-of-life ceremony;
- (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
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.
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; or
- (c) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did 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 did not land while in Canada.
Powers and obligations
5 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act .
Repeal
6 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country Other than the United States) footnote 1 is repealed.
Effective period
7 This Order has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Daylight Time on July 21, 2021.
EXPLANATORY NOTE
( This note is not part of the Order. )
Proposal
This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any country other than the United States) , is made pursuant to section 58 of the Quarantine Act .
The Order repeals and replaces Order in Council P.C. 2021-420 of the same name, which came into force on May 21, 2021.
The new Order complements any Order made under the Quarantine Act imposing testing, isolation or quarantine requirements upon entry into Canada.
This Order will generally be in effect from 11:59:59 p.m., Eastern daylight time, on the date it is made until 11:59:59 p.m., Eastern daylight time, July 21, 2021.
Objective
This Order maintains Canada's focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order generally continues to prohibit entry into Canada of foreign nationals arriving from countries other than the United States unless they meet a specified list of exemptions. Even those who are exempted from the general prohibition may not enter if they have COVID-19, or if they exhibit signs and symptoms of COVID-19.
The Order has been amended as described in the “Implications” section below. Most notably, the Order allows all permanent residents approved by Immigration, Refugees and Citizenship Canada to enter Canada; entry will no longer be limited only to those approved prior to March 18, 2020. The Order also has some technical changes made to align the English and French versions.
Background
COVID-19
COVID-19 is caused by a novel coronavirus capable of causing severe illness, named the Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although it is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV), SARS-CoV-2 is more contagious than SARS-CoV and MERS-CoV.
COVID-19 was first detected in Wuhan, China, in December 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 direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, in some circumstances, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. The droplets vary in size from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, which linger in the air in some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets, but the risk is generally considered to be low. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.
COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. 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 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 testing such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection, and they are also able to detect most symptomatic and asymptomatic infections. An antigen test is more likely to miss a COVID-19 infection compared to a molecular test, such as a PCR test. Therefore, molecular tests are more accurate for use in pre-departure screening.
Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals should not be considered as evidence of a new infection posing risk, but rather that a person has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of prior infection from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival and (for unvaccinated air travellers) to go into a government-authorized accommodation. Requiring that prior positive test results be obtained no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) allows for the time needed to become non-infectious, thus preventing those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.
The Government of Canada conducted a number of pilot programs with provincial governments and industry stakeholders at select airport and border crossings, which demonstrated that the frequency of people coming into Canada with COVID-19 was approximately 1–2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. Over 68.5% of cases showed positive upon arrival. An additional 25.8% of positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. As of June 10, 2021, since the implementation of pre-departure, on arrival, and post-arrival testing in February of 2021, the Government has continued to see a total overall rate of 1.4% of travellers arriving by air testing positive and 0.3% of travellers arriving by land testing positive.
Vaccination
Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. As of June 10, 2021, the CDC has reported that over 172 million people in the United States (51.9% of the total population) have received at least one dose of a COVID-19 vaccine, and 141 million people (42.6% of the total population) have been fully vaccinated. By comparison, as of June 16, 2021, more than 24 million Canadians (65.1% of the total population) have received at least one dose, and more than 5 million (14.4% of the total population) are fully vaccinated. Assuming the continued supply of safe and effective vaccines, it is expected that there will be enough vaccines to immunize all Canadians for whom vaccines are approved and recommended. The Government of Canada anticipates that this will be achievable by 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. At this time, studies suggest that vaccinations may be able to reduce viral loads, and possibly infectiousness; there is emerging evidence suggesting that vaccines have an impact on preventing transmission. Vaccinated individuals appear less likely to become infected with SARS-CoV-2 and are therefore less likely to transmit infection to others. In addition, there is preliminary evidence to suggest that vaccinated individuals, if infected, 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 National Advisory Committee on Immunization (NACI) currently recommends that all individuals continue to practise recommended public health measures for prevention and control of COVID-19 and transmission regardless of COVID-19 vaccination at this time. NACI is reviewing all available evidence and recommendations from key bodies, such as the WHO, to determine appropriate public health measures, including testing and quarantine requirements that vaccinated travellers should be required to meet.
On June 8, 2021, the COVID-19 Screening and Testing Expert Panel released its fourth report entitled “Priority strategies to optimize testing and quarantine at Canada's borders,” 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 be treated differently from those who are either partially vaccinated (single dose) or unvaccinated.
While the CDC has announced that persons who are fully vaccinated may stop wearing masks and maintaining physical distance in some indoor and outdoor settings, it continues to recommend masking and distancing for activities such as receiving medical services and travelling by public transportation. It also continues to require pre-departure testing for all travellers to the United States, including those who are fully vaccinated.
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 global number of daily reported cases of COVID-19 is currently decreasing, however countries in many parts of the world continue to report high numbers of cases and global vaccine coverage is still low.
As of June 15, 2021, the continent of Asia currently has the highest proportion of countries reporting moderate or greatly increasing rates of new cases over the previous seven days. According to the WHO weekly report, as of June 4, 2021, South-East Asia reported 38% of new cases, and 35% of the total global deaths. However, Africa reported the highest change in new cases, with an 18.7% increase. Europe continues to show recovery with the largest proportion of countries with a decreasing rate of new cases, at 14.6% (27 out of 51 countries monitored). South-East Asia also saw recovery in the week with a decreasing rate of new cases at 30.7%, of which India is the largest contributor. In South America, the Pan American Health Organization continues to highlight that many countries are struggling to manage their domestic situation, while two countries are reporting a high rate of increasing cases. As of June 14, 2021, the countries reporting the highest number of cases in the previous seven days were India with 630 650 new cases, Brazil with 467 393 new cases, and Argentina with 177 688 new cases. Data as of June 14, 2021, shows the United States reporting the fifth highest number of confirmed cases in the past week, compared to all reporting countries, with 105 089 new cases over the previous seven days.
In many countries, the spread of more contagious variants of concern has contributed to a third wave. Several new variants of the virus with higher transmissibility detected in the United Kingdom, South Africa, Brazil and India have now been identified in many countries around the globe, including an increasing number of cases in Canada and the United States. As of June 15, 2021, the B.1.1.7 (Alpha) variant is reported in 145 countries, the B.1.351 (Beta) variant is reported in 109 countries, the P.1 (Gamma) variant is reported in 58 countries and the B.1.617 (Delta) variant is reported in 79 countries across all six WHO regions. All four of these variants have been detected in the United States; of these, the most prevalent was estimated to be the B.1.1.7 (Alpha) variant, as of May 22, 2021.
The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country's COVID-19 risk. At this time, it is the view of the Government of Canada that travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19 and increases the potential for onward community transmission of COVID-19. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. These include avoiding all non-essential travel as well as maintaining testing efforts, contact tracing and isolation of confirmed cases.
The heightened risk posed by the accelerated spread of these variants places some jurisdictions at a likelihood of increased COVID-19 transmission. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions between any other country and Canada were to be broadly lifted at this time.
COVID-19 situation in Canada
Domestically, the situation is improving. Case counts in Canada have declined significantly in the past weeks, and several provinces and territories have begun easing lockdown measures and published plans for a phased reopening. Nationally, the daily incidence rate as of June 15, 2021, has dropped from the peak observed on April 26, 2020, by 26.7%. As of June 15, 2021, Canada's case count stood at 1 404 093, with 14 923 considered active cases. For the week of June 15, 2021, an average of 1 240 cases was reported in Canada daily, a 28.7% decrease in the average daily cases from the week of June 4, 2021.
As of June 15, 2021, there have been 234 137 cases associated with variants of concern reported publicly in Canada; the majority of the cases in the provinces have been the B.1.1.7 (Alpha) variant. This variant of concern appears to have higher transmissibility; however, the B.1.617.2 (Delta) variant first identified in India is proving to have the highest transmissibility rates of all variants of concern and has become the most dominant strain circulating in the United Kingdom. The Delta variant is now also identified in all provinces and Nunavut.
As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. Following the implementation of recent border measures on February 21, 2021 (i.e. requirement for government-approved accommodations and post-arrival testing), there was a significant decrease in the number of air arrivals to Canada, particularly for travellers who are non-exempt from quarantine requirements. Canada has seen an 86% decrease in the number of travellers arriving from the United States, in May 2021 compared to May 2019, and a 94% 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, and 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 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.
The number of reported imported cases is likely an underestimate of the true value. However, 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 of 2021.
In the past weeks, Canada has significantly ramped up its distribution and administration of COVID-19 vaccines. As of June 16, 2021, 24 million Canadians (65.1% of the total population) have received at least one dose, and more than 5 million (14.4% of the total population) 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 and 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, will further prevent 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 May 21, 2021, 53 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce risks from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Together, these measures have been effective in reducing the number of travel-related cases.
Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government of Canada recognizes that entry prohibitions, mandatory quarantine requirements, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, until the Canadian population has reached over 75% of the domestic population vaccinated with two doses, these measures remain the most effective means of limiting the introduction and spread of new cases of COVID-19 and the variants of concern in Canada.
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. The Government of Canada will continue to review the available evidence and monitor the situation to determine future border measures adjustments to protect the health and safety of Canadians by reducing the further introduction and transmission of COVID-19 in the country.
Implications
Key impacts for travellers
By limiting the number of incoming foreign nationals, Canada has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.
This Order will continue to generally prohibit foreign nationals from entering Canada from countries other than the United States, unless they meet a specified list of exemptions and are entering for specified purposes. Foreign nationals travelling for any purpose will continue to be denied entry into Canada if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.
The updated Order allows the entry of all permanent residents approved by Immigration, Refugees and Citizenship Canada and will no longer limit entry only to those approved prior to March 18, 2020. The new Order also includes minor technical amendments to align the English and French versions.
The Government of Canada recognizes that the ongoing general restrictions on entry into Canada have significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act is an offence under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both.
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; and Global Affairs Canada given linkages to departmental mandates and other statutory instruments.
Contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.caPUBLIC 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. 2021-613 June 21, 2021
Whereas the Administrator in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
Whereas the Administrator in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;
Whereas the Administrator in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of COVID-19 or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;
And whereas the Administrator in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;
Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act footnote a , makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) .
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States)
Definitions
1 The following definitions apply in this Order.
- (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 )
- (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 )
Prohibition — signs and symptoms
2 (1) A foreign national is prohibited from entering Canada from the United States if they have reasonable grounds to suspect they have COVID-19, if they exhibit signs and symptoms of COVID-19, including a fever and cough or a fever and difficulty breathing, or if they know they have COVID-19.
Non-application — certain persons
(2) Subsection (1) does not apply to persons referred to in section 5 who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.
Prohibition — COVID-19 molecular test
2.1 A foreign national five years of age or older is prohibited from entering Canada from the United States if they do not comply with the applicable requirement under the Quarantine Order to provide, before or when entering Canada, evidence that they received a COVID-19 molecular test result before entering Canada.
Prohibition — optional or discretionary purpose
3 (1) A foreign national is prohibited from entering Canada from the United States if they seek to enter for an optional or discretionary purpose, such as tourism, recreation or entertainment.
Non-application — immediate family member
(2) Subsection (1) does not apply to a foreign national who is an immediate family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national seeks to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days.
Non-application — extended family member
(3) Subsection (1) does not apply to a foreign national who is an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act if the foreign national
- (a) seeks to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian and can demonstrate their intent to stay in Canada for a period of at least 15 days;
- (b) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed,
- (i) in the case of a Canadian citizen, permanent resident 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 or person registered as an Indian; and
Non-application — national interest
(4) Subsection (1) does not apply to a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Foreign Affairs, the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest.
Prohibition — extended family member
3.1 A foreign national who is an extended family member of a Canadian citizen, permanent resident or person registered as an Indian under the Indian Act and who seeks to enter Canada to be with the Canadian citizen, permanent resident or person registered as an Indian is prohibited from entering Canada from the United States unless the foreign national
- (a) has a statutory declaration attesting to their relationship with the Canadian citizen, permanent resident or person registered as an Indian that is signed,
- (i) in the case of a Canadian citizen, permanent resident 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 or person registered as an Indian; and
Prohibition — other orders
4 (1) A foreign national is prohibited from entering Canada from the United States if, based on the purpose of entry or the anticipated length of their stay, they cannot comply with the applicable requirement to quarantine under the Quarantine Order.
Non-application — certain persons
(2) Subsection (1) does not apply to persons referred to in section 5 who seek to enter Canada from the United States for the purpose of making a claim for refugee protection.
Prohibition — claim for refugee protection
5 (1) A foreign national is prohibited from entering Canada from the United States for the purpose of making a claim for refugee protection unless the person
- (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
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 attend to the death of or provide support to a Canadian citizen, permanent resident, 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 licensed health care practitioner,
- (ii) to provide care for a Canadian citizen, permanent resident, 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 licensed health care practitioner to have a medical reason that they require support, or
- (iii) to attend a funeral or end-of-life ceremony;
- (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
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.
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; or
- (d) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and
- (i) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did 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 did not land while in Canada.
Powers and obligations
7 For greater certainty, this Order does not affect any of the powers and obligations set out in the Quarantine Act .
Repeal
8 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) footnote 2 is repealed.
Effective period
9 This Order has effect for the period beginning at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made and ending at 11:59:59 p.m. Eastern Daylight Time on July 21, 2021.
EXPLANATORY NOTE
( This note is not part of the Order. )
Proposal
This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) , is made pursuant to section 58 of the Quarantine Act .
The Order repeals and replaces Order in Council P.C. 2021-419 of the same name, which came into force on May 21, 2021.
The new Order complements any Order made under the Quarantine Act imposing testing, isolation or quarantine requirements upon entry into Canada.
This Order will be in effect from 11:59:59 p.m., Eastern daylight time, on the date it is made until 11:59:59 p.m., Eastern daylight time, July 21, 2021.
Objective
This Order maintains Canada's focus on reducing the introduction and spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order continues to prohibit entry into Canada of foreign nationals arriving from the United States for an optional or discretionary purpose, with some limited exceptions. Even those who are exempted from the prohibition may not enter if they have COVID-19, or if they exhibit signs and symptoms of COVID-19.
The Order also continues to prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation, and Other Obligations) , subject to some exceptions.
Background
COVID-19
COVID-19 is caused by a novel coronavirus capable of causing severe illness, named the Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although it is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV), SARS-CoV-2 is more contagious than SARS-CoV and MERS-CoV.
COVID-19 was first detected in Wuhan, China, in December of 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been developing over the past months, but continues to be based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.
SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, in some circumstances, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. The droplets vary in size from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, which linger in the air in some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets, but the risk is generally considered to be low. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.
COVID-19 has been demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. Since September of 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern of the virus causing COVID-19, which are suspected of being more transmissible, may further worsen the negative health impacts of COVID-19.
Testing
Testing capabilities have advanced significantly over the past several months. Over 197 countries and territories require a negative pre-travel COVID-19 test or medical certificate as a condition of entry into their jurisdictions. The United States, for instance, currently requires that all travellers to the United States have evidence of a negative pre-departure molecular or antigen test three days prior to boarding a flight to the United States. The United States is also actively exploring 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 testing, such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (RT-LAMP) tests, have a higher sensitivity for detecting COVID-19 over the duration of infection, and they are also able to detect most symptomatic and asymptomatic infections. An antigen test is more likely to miss a COVID-19 infection compared to a molecular test, such as a PCR test. Therefore, molecular tests are more accurate for use in pre-departure screening.
Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals should not be considered a new infection posing risk, but rather as a person who has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of prior infection from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival and (for unvaccinated air travellers) to go into a government-authorized accommodation. 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.
The Government of Canada conducted a number of pilot programs with provincial governments and industry stakeholders at select airport and border crossings, which demonstrated that the frequency of people coming into Canada with COVID-19 was approximately 1 – 2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. Over 68.5% of positive cases showed positive upon arrival. An additional 25.8% of positive cases were identified at day 7 of their quarantine period, with another 5.6% identified by day 14. As of June 10, 2021, since implementation of pre-departure, on arrival and post-arrival testing in February of 2021, the Government has continued to see a total overall rate of 1.4% of travellers arriving by air testing positive and 0.3% of travellers arriving by land testing positive.
Vaccination
Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. As of June 10, 2021, the CDC have reported that over 172 million people in the United States (51.9% of the total population) have received at least one dose of a COVID-19 vaccine, and 141 million people (42.6% of the total population) have been fully vaccinated. By comparison, as of June 16, 2021, more than 24 million Canadians (65.1% of the total population) have received at least one dose, and more than 5 million (14.4% of the population) are fully vaccinated. Assuming the continued supply of safe and effective vaccines, it is expected that there will be enough vaccines to immunize all Canadians for whom vaccines are approved and recommended. The Government of Canada anticipates that this will be achievable by September of 2021.
Knowledge on 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. At this time, studies suggest that vaccinations may be able to reduce viral loads, and possibly infectiousness; there is emerging evidence suggesting that vaccines have an impact on preventing transmission. Vaccinated individuals appear less likely to become infected with SARS-CoV-2 and therefore are less likely to transmit infection to others. In addition, there is preliminary evidence to suggest that vaccinated individuals, if infected, 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 National Advisory Committee on Immunization (NACI) currently recommends that all individuals should continue to practise recommended public health measures for prevention and control of COVID-19 and transmission regardless of COVID-19 vaccination at this time. The NACI is reviewing all available evidence and recommendations from key bodies, such as the WHO, to determine appropriate public health measures, including testing and quarantine requirements, that vaccinated travellers should be required to meet.
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) or unvaccinated.
While the CDC have announced that persons who are fully vaccinated may stop wearing masks and maintaining physical distance in some indoor and outdoor settings, they continue to recommend masking and distancing for activities, such as receiving medical services and travelling by public transportation. They also continue to require pre-departure testing for all travellers to the United States, including those who are fully vaccinated.
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 global number of daily reported cases of COVID-19 is currently decreasing; however, countries in many parts of the world continue to report high numbers of cases and global vaccine coverage is still low. As of June 14, 2021, the countries reporting the highest number of cases in the previous 7 days were India with 630 650 new cases, Brazil with 467 393 new cases, and Argentina with 177 688 new cases. Data as of June 14, 2021, shows the United States reporting the fifth highest number of confirmed cases in the past week, compared to all reporting countries, with 105 089 new cases over the previous 7 days.
In many countries, the spread of more contagious variants of concern have contributed to a third wave. 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 an increasing number of cases in Canada and the United States. As of June 15, 2021, the B.1.1.7 (Alpha) variant is reported in 145 countries, the B.1.351 (Beta) variant is reported in 109 countries, the P.1 (Gamma) variant is reported in 58 countries and the B.1.617 (Delta) variant is reported in 79 countries across all six WHO regions. All four of these variants have been detected in the United States; of these, the most prevalent was estimated to be the B.1.1.7 (Alpha) variant as of May 22, 2021.
The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country's COVID-19 risk. At this time, it is the view of the Government of Canada that travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and increases the potential for onward community transmission of COVID-19. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as maintaining testing efforts, contact tracing and isolation of confirmed cases.
The heightened risk posed by the accelerated spread of these variants place some jurisdictions at a likelihood of increased COVID-19 transmission. There remains the potential for a resurgence of travel-related cases in Canada if the border restrictions between the United States and Canada were to be broadly lifted at this time.
COVID-19 situation in Canada
Domestically, the situation is improving. Case counts in Canada have declined significantly in the past weeks, and several provinces and territories have begun easing lockdown measures and published plans for a phased re-opening. Nationally, the daily incidence rate as of June 15, 2021, has dropped from the peak observed on April 26, 2020, by 26.7%. As of June 15, 2021, Canada's case count stood at 1 404 093 with 14 923 considered active cases. For the week of June 15, 2021, an average of 1 240 cases were reported in Canada daily, that is a 28.7% decrease in the average daily cases from the week of June 4, 2021.
As of June 15, 2021, there have been 234 137 cases associated with variants of concern reported publicly in Canada; the majority of the cases in the provinces have been the B.1.1.7 (Alpha) variant. This variant of concern appears to have higher transmissibility; however, the B.1.617.2 (Delta) variant first identified in India is proving to have the highest transmissibility rates of all variants of concern and has become the most dominant strain circulating in the United Kingdom. The Delta variant is now also identified in all provinces and Nunavut.
As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. Following the implementation of recent border measures on February 21, 2021 (i.e. requirement for government-approved accommodations and post-arrival testing), there was a significant decrease in the number of air arrivals to Canada, particularly for travellers that are non-exempt from quarantine requirements.
However, the rate of importation increased in March and April of 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 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. Canada has seen an 86% decrease in the number of travellers arriving from the United States in May of 2021 compared to May of 2019, and a 94% decrease among international travellers arriving from all other countries for the same period.
The number of reported imported cases is likely an underestimate of the true value. However, 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 of 2021.
In the past weeks, Canada has significantly ramped up its distribution and administration of COVID-19 vaccine. As of June 16, 2021, more than 24 million Canadians (65.1% of the total population) have received at least one dose, and more than 5 million (14.4% of the total population) are fully vaccinated.
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.
A certain proportion of travellers will require the use of clinical resources for care. In addition, infected travellers can cause secondary transmission to household members or in the community. If travellers are to continue to enter Canada, it is important to reduce the risk of travellers introducing cases of COVID-19 and new variants of concern into Canada as much as possible. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies, combined with aggressive vaccination programs, will further prevent 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 May 21, 2021, 53 emergency orders were made under the Quarantine Act to minimize the risk of exposure to COVID-19 in Canada — to reduce risks from other countries, to repatriate Canadians, and to strengthen measures at the border to reduce the impact of COVID-19 in Canada. Together, these measures have been effective in reducing the number of travel-related cases.
Changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. The Government of Canada recognizes that entry prohibitions, mandatory quarantine requirements, and testing protocols place significant burdens on the Canadian economy, Canadians, and their immediate and extended families. However, until the Canadian population has achieved over 75% of the domestic population vaccinated with two doses, these measures remain the most effective means of limiting the introduction and spread of new cases of COVID-19 and the variants of concern in Canada.
With new, more transmissible variants of the COVID-19 virus 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. The Government of Canada will continue to review the available evidence and monitor the situation to determine future border measures adjustments to protect the health and safety of Canadians by reducing the further introduction and transmission of COVID-19 in the country.
Implications
Key impacts for travellers
By limiting the number of incoming foreign nationals, Canada has taken strict border measures to limit the risk of the introduction or spread of COVID-19 transmitted via travellers from foreign countries, while maintaining critical services and support necessary for Canada.
This Order will continue to generally prohibit foreign nationals from entering Canada from the US, unless they are entering for non-optional or non-discretionary purposes or other specified permitted purposes. Foreign nationals travelling for any purpose will continue to be denied entry into Canada if they have COVID-19, have reasonable grounds to suspect they have COVID-19 or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exceptions. The enforcement of the prohibition on entry for foreign nationals who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.
The Order also continues prohibit foreign nationals from entering Canada from the United States if they fail to meet the pre-arrival testing obligations under the complementary Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation, and Other Obligations) , with limited exceptions.
The Government of Canada recognizes that the ongoing general restrictions on entry into Canada have significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat posed by COVID-19.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both.
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; Transport Canada; Public Safety Canada; and Global Affairs Canada, given linkages to departmental mandates and other statutory instruments.
Contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.caPUBLIC HEALTH AGENCY OF CANADA
QUARANTINE ACT
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)
P.C. 2021-615 June 21, 2021
Whereas the Administrator in Council is of the opinion, based on the declaration of a pandemic by the World Health Organization, that there is an outbreak of a communicable disease, namely coronavirus disease 2019 (COVID-19), in the majority of foreign countries;
Whereas the Administrator in Council is of the opinion that the introduction or spread of COVID-19 would pose an imminent and severe risk to public health in Canada;
Whereas the Administrator in Council is of the opinion that the entry of persons into Canada who have recently been in a foreign country may introduce or contribute to the spread in Canada of COVID-19 or of new variants of the virus causing COVID-19 that pose risks that differ from those posed by other variants but that are equivalent or more serious;
And whereas the Administrator in Council is of the opinion that no reasonable alternatives to prevent the introduction or spread of COVID-19 are available;
Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Act footnote 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
2.3 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 — requirements
3.3 Evidence of prepaid accommodation
3.4 Information — countries
3.5 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 Signs and symptoms
4.10 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
Amendments to this Order, Cessation of Effect, Repeal and Coming into Force
Amendments to this Order
7.1 Amendments
Cessation of Effect
7.10 July 21, 2021
Repeal
7.11 Repeal
Coming into Force
7.12 Day made
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations)
PART 1
General
Definitions
1.1 The following definitions apply in this Order.
- (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 )
- (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 )
- (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 )
- (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 )
- (a) has an underlying medical condition that makes the person susceptible to complications related to COVID-19;
- (b) has a compromised immune system from a medical condition or treatment; or
- (c) is 65 years of age or older. ( personne vulnérable )
Non-application
1.2 This Order does not apply to a person who entered Canadian waters, including the inland waters, or the airspace over Canada, on board a conveyance while proceeding directly from one place outside Canada to another place outside Canada, if the person was continuously on board that conveyance while in Canada and
- (a) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did 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
- (b) in the case of an aircraft, the conveyance did not land while in 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 90 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 the United States 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 either in or outside of the United States on a specimen collected at least 14 days and no more than 90 days before entering Canada.
Exempted persons
(2) Subsection (1) does not apply to a person referred to in Table 2 of Schedule 1.
Tests in Canada
2.3 (1) Subject to subsections (3) and (4), every person who enters Canada by aircraft or land must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test
- (a) when entering Canada; and
- (b) after entering Canada.
Expense
(2) For greater certainty, the person who must undergo the COVID-19 molecular tests must do so at their expense or at the expense of another person on behalf of that person unless the COVID-19 molecular tests are provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or by Her Majesty in right of a province.
Extraordinary circumstances
(3) A quarantine officer may, in extraordinary circumstances, release any person from the requirement to undergo, when or after entering Canada, the COVID-19 molecular test, in which case the person must follow the instructions of the quarantine officer.
Exempted persons
(4) Subsection (1) does not apply to a person referred to in Table 2 of Schedule 2.
Alternative testing protocol
2.4 (1) The persons referred to in subsection (2) who enter Canada by aircraft or land must, subject to subsection (3) and in accordance with the instructions of a quarantine officer, undergo any test in accordance with an alternative testing protocol to screen or diagnose COVID-19 for the purpose of minimizing the risk of introduction or spread of COVID-19 and that takes into account the following factors:
- (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 any 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) or 2.2(1) and the evidence of a COVID-19 molecular test for the test undergone under paragraph 2.3(1)(a) during the 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.9(1) or (2);
- (b) retain the evidence of a COVID-19 molecular test for the test undergone under paragraph 2.3(1)(b) or the evidence of the result for any test undergone in accordance with an alternative testing protocol 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 paragraph (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,
- (i) in the case of a person entering Canada by aircraft,
- (A) the name and civic address of the government-authorized accommodation where they plan to quarantine themselves during the period that begins on the day on which they enter Canada and to remain in quarantine until the day on which they receive the result for the COVID-19 molecular test undergone under paragraph 2.3(1)(a), and
- (B) the civic address of the place where they plan to quarantine themselves during the period that begins on the day on which they receive a negative result for the COVID-19 molecular test undergone under paragraph 2.3(1)(a) and remain in quarantine until the expiry of the 14-day period that begins on the day on which the person enters Canada, or
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 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.9(1) or (2);
- (b) it allows the person to avoid all contact with vulnerable persons or persons who provide care to those persons, unless the vulnerable p erson is a consenting adult or the 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 — requirements
3.2 (1) Subject to subsection (2), every person who enters Canada must provide to the Minister of Health, screening officer or quarantine officer a suitable quarantine plan that meets the requirements set out in section 3.1.
Exception — contact information
(2) Instead of providing the suitable quarantine plan, a person referred to in subsection 4.8(1) or Table 1 of Schedule 2 must provide to the Minister of Health, screening officer or quarantine officer their contact information for the 14-day period that begins on the day on which they enter Canada.
Timing
(3) The person who provides their suitable quarantine plan or their contact information must do so,
- (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 — aircraft and land
(4) A person who enters Canada by aircraft or land must provide their suitable quarantine plan or their contact information by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their plan by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the plan must be provided in the form and manner and at the time specified by the Minister of Health.
Persons in transit
(5) Subsections (1) and (2) do not apply to a person who plans to arrive at a Canadian airport on board an aircraft in order to transit to another country and to remain in a sterile transit area , as defined in section 2 of the Immigration and Refugee Protection Regulations , until they leave Canada.
Evidence of prepaid accommodation
3.3 (1) Every person who enters Canada by aircraft must, before boarding the aircraft for the flight to Canada,
- (a) provide to the Minister of Health, screening officer or quarantine officer evidence of prepaid accommodation that enables the person to remain in quarantine at a government-authorized accommodation for a three-day period that begins on the day on which they enter Canada; and
- (b) provide evidence of prepaid accommodation 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 the evidence by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the evidence must be provided in the form and manner and at the time specified by the Minister of Health.
Non-application
(2) Subsection (1) does not apply to
- (a) a person referred to in Table 3 of Schedule 2; or
- (b) a person who, in extraordinary circumstances, is released by a quarantine officer from the requirement to quarantine themselves in a government-authorized accommodation in accordance with paragraph 4.1(1)(a), in which case the person must follow the instructions of the quarantine officer.
Information — countries
3.4 (1) Every person who enters Canada must disclose to the Minister of Health, screening officer or quarantine officer the countries that they were in during the 14-day period before the day on which they enter Canada.
Timing
(2) The person who provides the information must do so,
- (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 — aircraft and land
(3) A person who enters Canada by aircraft or land must provide the information by electronic means specified by the Minister of Health, unless they are a member of a class of persons who, as determined by the Minister of Health, are unable to provide their information by those electronic means for a reason such as a disability, inadequate infrastructure, a service disruption or a natural disaster, in which case the information must be provided in the form and manner and at the time specified by the Minister of Health.
Other information
(4) Every person who enters Canada must, for the purposes of the administration of this Order, before entering Canada and during the 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.9(1) or (2),
- (a) answer any relevant questions asked by a screening officer, a quarantine officer, a peace officer or a public health official designated under subsection (5) 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
(5) The Chief Public Health Officer may designate any person as a public health official.
Mask
3.5 (1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.9(1) or (2), wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19,
- (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 or subsection 4.7(1) or 4.8(1), is not required to enter or remain in quarantine must, during the 14-day period that begins on the day on which they enter Canada,
- (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 (1) Every person who enters Canada and who does not exhibit signs and symptoms of COVID-19 must
- (a) subject to paragraph (b) and subsection (5), in the case of a person entering Canada by aircraft, quarantine themselves without delay at a government-authorized accommodation in accordance with the instructions provided by a screening officer or quarantine officer, and remain in quarantine until they receive the result for the COVID-19 molecular test undergone under paragraph 2.3(1)(a);
- (b) in the case of a person referred to in any of items 6 and 16 to 25 of Table 3 of Schedule 2 who enters Canada by aircraft or a person who enters Canada by a mode of transport other than aircraft, 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
- (i) that meets the conditions set out in subsection 3.1(2), and
- (ii) 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;
Transportation to government-authorized accommodation
(2) A person referred to in paragraph (1)(a) must not use public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the government-authorized accommodation, unless the person is authorized to use public transportation by a screening officer or quarantine officer, in which case the person must follow their instructions.
Expense
(3) For greater certainty, a person who is required to quarantine in a government-authorized accommodation must do so at their expense or at the expense of another person on behalf of that person unless the government-authorized accommodation is provided or paid for by Her Majesty in right of Canada or an agent of Her Majesty in right of Canada or by Her Majesty in right of a province.
Government-authorized accommodation
(4) The following factors must be considered before a government-authorized accommodation is authorized:
- (a) the risk to public health posed by COVID-19;
- (b) the capacity of the place;
- (c) the feasibility of quarantining persons at the place;
- (d) the proximity of the place to the airport of entry; and
- (e) any other factor that 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 considers relevant.
Exempted persons — government-authorized accommodation
(5) The following persons are not required to quarantine themselves in a government-authorized accommodation:
- (a) a person referred to in Table 3 of Schedule 2; and
- (b) a person who, in extraordinary circumstances, is released by a quarantine officer from the requirement to quarantine themselves in a government-authorized accommodation, in which case the person must follow the instructions of the quarantine officer.
Additional requirements
4.2 A person referred to in subsection 4.1(1) must
- (a) report their arrival at, and the civic address of, the government-authorized accommodation and their place of quarantine 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 electronic 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,
- (i) in the case of a person referred in paragraph 4.1(1)(a) or (b), within 48 hours after entering Canada, or
- (ii) in the case of a person referred to in paragraph 4.1(1)(c), within 48 hours after arriving at their place of quarantine;
- (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 electronic 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
- (i) a positive result for a COVID-19 molecular test undergone under subsection 2.3(1) that was performed on a specimen collected during the 14-day period referred to in subsection 4.1(1), received before or after the expiry of that period, and
- (ii) any positive result for any type of COVID-19 test that was performed on a specimen collected during the 14-day period referred to in subsection 4.1(1), received either before or after the expiry of that period.
Unable to quarantine
4.3 (1) A person referred to in subsection 4.1(1) is considered unable to quarantine themselves if
- (a) the person has not provided the evidence referred to in subsection 2.1(1) or 2.2(1), unless the person is exempted from that requirement under subsection 2.1(2) or 2.2(2);
- (b) the person refuses to undergo the COVID-19 molecular test under paragraph 2.3(1)(a);
- (c) the person has not provided a suitable quarantine plan in accordance with this Order;
- (d) the person cannot quarantine themselves in accordance with subsection 4.1(1); or
- (e) while they remain in quarantine at the government-authorized accommodation, the person
- (i) develops signs and symptoms of COVID-19,
- (ii) is exposed to another person who exhibits signs and symptoms of COVID-19,
- (iii) receives a positive result for any type of COVID-19 test, or
- (iv) is exposed to another person who receives a positive result for any type of COVID-19 test.
Quarantine facility or other suitable place
(2) A person who, at the time of entry into Canada or at any other time during the 14-day period referred to in subsection 4.1(1), is considered unable to quarantine themselves must
- (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 at a place that meets the conditions set out in paragraph 4.1(1)(b) and must, if applicable, meet the requirements set out in section 4.2.
Choice of quarantine facility
(4) In choosing a quarantine facility for the purposes of subsection (2), the Chief Public Health Officer must consider the following factors:
- (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;
- (i) a positive result for a COVID-19 molecular test undergone under subsection 2.3(1) that was performed on a specimen collected during the 14-day period referred to in subsection 4.1(1), received either before or after the expiry of that period, and
- (ii) any positive result for any type of COVID-19 test that was performed on a specimen collected during the 14-day period referred to in subsection 4.1(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) or 2.2(1) that they are required to provide or if 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) 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 attend to the death of or provide support to a Canadian citizen, permanent resident, 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 licensed health care practitioner,
- (ii) to provide care for a Canadian citizen, permanent resident, 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 licensed health care practitioner to require support for a medical reason, or
- (iii) to attend a funeral or end-of-life ceremony;
Conditions
(2) Subsection (1) applies while the person engages in one of the activities referred to in paragraph (1)(a) and if the person complies with all conditions imposed on them by the Minister of Health to minimize the risk of introduction or spread of COVID-19.
Evidence of molecular test
(3) Subsection (1) does not apply to a person who is required to provide the evidence referred to in subsection 2.1(1) or 2.2(1) but who does not do so, unless they subsequently receive a negative result for a COVID-19 molecular test or the authorization of a quarantine officer to leave a quarantine facility or any other place that the quarantine officer considered suitable.
Orders made under the Quarantine Act
(4) For the purposes of any order made under section 58 of the Quarantine Act , the non-application of sections 4.1, 4.3 and 4.4 under this section is a limited release from 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) or 2.2(1) that they are required to provide or if 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) 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.
Signs and symptoms
4.9 (1) During the 14-day quarantine period, if the person develops signs and symptoms of COVID-19 or is exposed to another person who exhibits signs and symptoms of COVID-19,
- (a) that period is replaced by a new 14-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 the 14-day quarantine period, if the person receives a positive result for any type of COVID-19 test or is exposed to another person who receives a positive result for any type of COVID-19 test,
- (a) that period is replaced by a new 14-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
Cessation — daily reporting
(3) The requirements set out in subparagraphs 4.2(b)(ii) and 4.4(b)(ii) end if the person reports that they have developed signs and symptoms of COVID-19 or tested positive for COVID-19 for any type of COVID-19 test.
Exception — leaving Canada
4.10 A person referred to in section 4.1 or 4.3 may leave Canada before the expiry of the 14-day period set out in those provisions only if they quarantine themselves until they depart from Canada.
PART 5
Isolation of Symptomatic Persons
Requirements – isolation
5.1 (1) Every person who enters Canada and who has reasonable grounds to suspect they have COVID-19, exhibits signs and symptoms of COVID-19, knows that they have COVID-19 or has received a positive result for any type of COVID-19 test that was performed on a specimen collected within a period of 14 days before the day on which they enter Canada or on the day on which they enter Canada, as well as every person who travelled with that person must,
- (a) if they enter Canada by aircraft,
- (i) isolate themselves without delay at a quarantine facility in accordance with the instructions provided by a screening officer or quarantine officer, and remain in isolation at the facility until they receive the result for the COVID-19 molecular test undergone under paragraph 2.3(1)(a), and
- (ii) if the person receives a negative result for the COVID-19 molecular test undergone under paragraph 2.3(1)(a) or a test undergone in accordance with an alternative testing protocol referred to in subsection 2.4(1), 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 (3) and remain in isolation until the expiry of the 14-day period that begins on the day on which the person enters Canada or any other applicable isolation period; or
Choice of quarantine facility
(2) In choosing a quarantine facility for the purposes of subsection (1), the Chief Public Health Officer must consider the factors set out in subsection 4.3(4), with any necessary modifications.
Place of isolation — conditions
(3) The applicable conditions for the place of isolation are the following
- (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 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, at the place, access to a bedroom and bathroom that are separate from those used by all other persons;
- (f) it allows the person to have access to the necessities of life without leaving that place;
- (g) it allows the person to access local public health services;
- (h) it allows the person to provide a specimen collected for a COVID-19 molecular test for the purposes of subsection 2.3(1); and
- (i) 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 electronic 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 means specified by the Minister of Health:
- (i) a positive result for a COVID-19 molecular test undergone under 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 type of COVID-19 test other than a COVID-19 molecular test undergone under subsection 2.3(1) 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) or 2.2(1), unless the person is exempted from that requirement under subsection 2.1(2) or 2.2(2), as the case may be;
- (b) the person refuses to undergo the COVID-19 molecular test under paragraph 2.3(1)(a);
- (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;
- (d) the person cannot isolate themselves in accordance with subparagraph 5.1(1)(a)(ii) or paragraph 5.1(1)(b); or
- (e) while they remain in isolation at the quarantine facility in accordance with subparagraph 5.1(1)(a)(i), the person receives a positive result for the COVID-19 molecular test undergone under paragraph 2.3(1)(a).
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 at a place that meets the conditions set out in subsection 5.1(3) and must, if applicable, meet the requirements set out in section 5.2.
Unable to isolate — additional requirements
5.4 The person referred to in subsection 5.3(2) or (3) must
- (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 14-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
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) and (3) and 2.4(1) and (3), paragraph 3.3(2)(b), subsections 4.1(1) and (2), paragraph 4.1(5)(b), subsection 5.1(1) and item 30 of Table 2 of Schedule 1 include instructions that are provided after the time of entry into Canada.
PART 7
Amendments to this Order, Cessation of Effect, Repeal and Coming into Force
Amendments to this Order
7.1 (1) Section 1.1 of this Order is amended by adding the following in alphabetical order:
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
- (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 )
(2) Section 1.1 of this Order is renumbered as subsection 1.1(1) and is amended by adding the following:
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.
7.2 (1) The portion of subsection 2.3(1) of this Order before paragraph (a) is replaced by the following:
Tests in Canada
2.3 (1) Subject to subsections (3) to (6), every person who enters Canada by aircraft or land must, in accordance with the instructions of a quarantine officer or the Minister of Health, undergo a COVID-19 molecular test
(2) Section 2.3 of this Order is amended by adding the following after subsection (4):
Persons exempted from paragraph (1)(a)
(5) Paragraph (1)(a) does not apply to a person for whom the condition set out in paragraph 4.9(1)(d) has been waived by the Minister of Health.
Persons exempted from paragraph (1)(b)
(6) Paragraph (1)(b) does not apply to a person referred to in section 4.9.
7.3 Paragraph 2.5(1)(a) of this Order is replaced by the following:
- (a) retain the evidence referred to in subsection 2.1(1) or 2.2(1) and the evidence of a COVID-19 molecular test for the test undergone under paragraph 2.3(1)(a) during the 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.10(1) or (2);
7.4 Paragraph 3.1(2)(a) of this Order is replaced by 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 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.10(1) or (2);
7.5 Subsection 3.3(2) of this Order is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
- (c) a fully vaccinated person who provides evidence of a COVID-19 molecular test referred to in subsection 2.1(1) that they are required to provide.
7.6 Subsections 3.4(2) to (5) of this Order are replaced by the following:
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 by aircraft or land 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 doses received; and
- (b) if they are a fully vaccinated person, provide the Minister of Health, screening officer or quarantine officer evidence of COVID-19 vaccination.
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) The evidence of COVID-19 vaccination must be a document issued by the government or the non-governmental entity that administered the COVID-19 vaccine and must contain the following:
- (a) the name of the person who received the vaccine;
- (b) the name of the government or the name and civic address of the non-governmental entity that administered the vaccine;
- (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.
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, before or when entering Canada; and
- (b) if the person enters Canada by land, before entering Canada.
Electronic means
(8) A person who enters Canada by aircraft or land must provide the information and the evidence of COVID-19 vaccination 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 14-day period that begins on the day on which the person enters Canada,
- (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 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 14-day period that begins on the day on which the person enters Canada or that begins again under subsection 4.10(1) or (2),
- (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.
7.7 (1) The portion of subsection 3.5(1) before paragraph (a) is replaced by the following:
Mask
(1) Every person who enters Canada and who is required to quarantine or isolate themselves must, during the 14-day period that begins on the day on which they enter Canada or that begins again under subsection 4.10(1) or (2), wear a mask that a screening officer or quarantine officer considers suitable to minimize the risk of introduction or spread of COVID-19,
(2) The portion of subsection 3.5(2) of this Order before paragraph (a) is replaced by the following:
Persons not subject to quarantine
(2) Every person who enters Canada and who, under section 4.5 or 4.9 or subsection 4.7(1) or 4.8(1), is not required to enter or remain in quarantine must, during the 14-day period that begins on the day on which they enter Canada,
7.8 Sections 4.9 and 4.10 of this Order are replaced by the following:
Non-application — fully vaccinated persons
4.9 (1) Sections 4.1 to 4.4 do not apply to a fully vaccinated person who enters Canada by aircraft or land if
- (a) the person provides evidence of a COVID-19 molecular test referred to in subsection 2.1(1) or 2.2(1) that they are required to provide;
- (b) the person provides the information required under paragraph 3.4(2)(a) in accordance with section 3.4;
- (c) the person provides the evidence of COVID-19 vaccination required under section 3.4 in accordance with that section; and
- (d) the person undergoes a COVID-19 molecular test under paragraph 2.3(1)(a) or undergoes a test in accordance with an alternative testing protocol referred to in subsection 2.4(1).
Fully vaccinated persons — monitoring
(2) A person or any member of a class of persons exempt from quarantine under subsection (1) must, until the expiry of the 14-day period that begins on the day on which the person enters Canada,
- (a) monitor for signs and symptoms of COVID-19; and
- (b) undergo any type of COVID-19 test that the Minister of Health may require under subsection (3).
COVID-19 test
(3) The Minister of Health may, on the recommendation of the Chief Public Health Officer and having regard to the factors set out in subsection 1.3(3), waive the condition set out in paragraph (1)(d), in which case the person referred to in subsection (2) in respect of whom the Minister of Health waived the condition must, during the 14-day period that begins on the day on which the person enters Canada and on the request of the Minister of Health, undergo any type of COVID-19 test and provide the result for that test to the Minister of Health.
COVID-19 test — random selection
(4) The Minister of Health may randomly select a person to undergo the COVID-19 test referred to in subsection (3).
Fully vaccinated persons — signs and symptoms or positive result
(5) If the person referred to in subsection (2) develops signs and symptoms of COVID-19 or receives a positive result for any type of COVID-19 test before the expiry of the 14-day period that begins on the day on which the person enters Canada, 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 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
4.10 (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 14-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 14-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
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
4.11 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.
7.9 Schedule 2 to this Order is amended by replacing the references after the heading “SCHEDULE 2” with the following:
(Subsection 2.3(4), subparagraph 3.1(1)(a)(ii), subsection 3.2(2), paragraph 3.3(2)(a), subsection 3.4(2), paragraphs 4.1(1)(b) and (5)(a) and section 4.5)
Cessation of Effect
July 21, 2021
7.10 This Order ceases to have effect at 11:59:59 p.m. Eastern Daylight Time on July 21, 2021.
Repeal
Repeal
7.11 The Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) footnote 3 is repealed.
Coming into Force
Day made
7.12 (1) Subject to subsection (2), this Order comes into force at 11:59:59 p.m. Eastern Daylight Time on the day on which it is made.
July 5, 2021
(2) Sections 7.1 to 7.9 come into force at 11:59:59 p.m. Eastern Daylight Time on July 5, 2021.
SCHEDULE 1
(Subsections 2.1(2) and 2.2(2) and paragraph 6.1(d))
Exempted Persons — COVID-19 Molecular Test Before Entering Canada
TABLE 1
- (a) the person or any member of a class of persons enters Canada to provide an essential service; and
- (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.1(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
- (a) written evidence from a health care practitioner in Canada who is licensed in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
- (b) written evidence from a health care practitioner in the foreign country who is licensed in the foreign country, indicating that the services or treatments were provided in that country
TABLE 2
- (a) the person or any member of a class of persons enters Canada to provide an essential service; and
- (b) the requirement to provide evidence of a COVID-19 molecular test in accordance with subsection 2.2(1) of this Order would adversely affect the ability of the person or member of a class of persons to provide the essential service
- (a) written evidence from a health care practitioner in Canada who is licensed in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
- (b) written evidence from a health care practitioner in the foreign country who is licensed in the foreign country, indicating that the services or treatments were provided in that country
- (a) the person was denied entry into the United States at the land border crossing;
- (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
SCHEDULE 2
(Subsection 2.3(4), subparagraph 3.1(1)(a)(ii), subsection 3.2(2), paragraphs 3.3(2)(a) and 4.1(1)(b) and (5)(a) and section 4.5)
Exempted Persons — Various Requirements
TABLE 1
- (a) the person or any member of a class of persons enters Canada to provide an essential service; and
- (b) the requirement to quarantine themselves in accordance with section 4.1 of this Order would adversely affect the ability of the person to provide the essential service
- (a) written evidence from a health care practitioner in Canada who is licensed in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
- (b) written evidence from a health care practitioner in the foreign country who is licensed in the foreign country, indicating that the services or treatments were provided in that country
- (a) the person was denied entry into the United States at the land border crossing;
- (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
TABLE 2
- (a) the person or any member of a class of persons enters Canada to provide an essential service; and
- (b) the requirement to undergo a COVID-19 molecular test under subsection 2.3(1) of this Order would adversely affect the ability of the person to provide the essential service
- (a) written evidence from a health care practitioner in Canada who is licensed in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
- (b) written evidence from a health care practitioner in the foreign country who is licensed in the foreign country, indicating that the services or treatments were provided in that country
- (a) the person was denied entry into the United States at the land border crossing;
- (b) the person entered the territory of the United States but did not seek legal entry into the United States at the land border crossing
TABLE 3
- (a) the person enters Canada to provide an essential service; and
- (b) the requirement to quarantine themselves at a government-authorized accommodation in accordance with paragraph 4.1(1)(a) of this Order would adversely affect the ability of the person to provide the essential service
- (a) written evidence from a health care practitioner in Canada who is licensed in Canada, indicating that the medical services or treatments outside Canada are essential, unless the services or treatments are for primary or emergency medical services under an agreement with another jurisdiction; and
- (b) written evidence from a health care practitioner in the foreign country who is licensed in the foreign country, indicating that the services or treatments were provided in that country
- (a) the permit authorizes the foreign national to work in a unit group referred to in Schedule 3 to this Order and set out in the National Occupational Classification that was developed by the Department of Employment and Social Development and Statistics Canada and published in 2016; and
- (b) the foreign national will not use public transportation, including an aircraft, bus, train, subway, taxi or ride-sharing service, to travel from the place where they enter Canada to the place where they will quarantine themselves
SCHEDULE 3
National Occupational Classification Codes
EXPLANATORY NOTE
( This note is not part of the Order .)
Proposal
This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) , is made pursuant to section 58 of the Quarantine Act . The Order repeals and replaces the Order in Council P.C. 2021-0421 of the same title, which came into force on May 21, 2021.
This Order complements the Orders in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States) and Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) and any related Interim Order made under the Aeronautics Act to minimize the risk of importing COVID-19.
This Order will be in effect from 11:59:59 p.m., Eastern Daylight Time, on the date it is made until 11:59:59 p.m., Eastern Daylight Time, July 21, 2021. Several of the new provisions will have a delayed coming into force and will be in effect at 11:59:59 p.m., Eastern Daylight Time, on July 5, 2021.
Objective
This Order, like its predecessor, maintains Canada's focus on reducing the introduction and further spread of COVID-19 and new variants of the virus into Canada by decreasing the risk of importing cases from outside the country. This Order repeals and replaces the previous Order of the same name with some changes as described below in the Implications section.
This Order continues to require all persons who enter Canada, whether by air, land, or sea, to provide accurate contact information for the first 14 days in Canada, to answer questions to determine if they have signs or symptoms of COVID-19 and, with exceptions, quarantine or isolate for 14 days from the day upon which they entered Canada. The Order maintains all requirements for all unvaccinated travellers to have a negative COVID-19 molecular test result before entering Canada, and to undergo testing when entering and once again later in the 14-day post-entry period, subject to limited exceptions. This Order also continues to require that all unvaccinated travellers entering Canada by air, with limited exceptions, enter a government-authorized accommodation near the first port of entry while awaiting the result of the first post-entry test.
This Order contains substantive changes to introduce the concept of fully vaccinated travellers, to in-clude new mandatory traveller declarations on vaccination status and proof of vaccination, and to set out modified quarantine and testing requirements for this new cohort.
There are also technical and operational efficiencies introduced in the Order. These are detailed further under the Implications section.
Background
COVID-19
COVID-19 is caused by a novel coronavirus capable of causing severe illness, named the Severe Acute Respiratory Syndrome coronavirus 2 (SARS-CoV-2). Although, it is part of a family of viruses that includes Middle East Respiratory Syndrome coronavirus (MERS-CoV) and Severe Acute Respiratory Syndrome coronavirus (SARS-CoV), SARS-CoV-2 is more contagious than 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 practice approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries around the globe. The science surrounding the virus continues to evolve.
SARS-CoV-2, the virus that causes COVID-19, spreads from an infected person to others through direct mucous membrane contact with respiratory droplets (e.g. coughs or sneezes) or, under some circumstances, through aerosols created when an infected person coughs, sneezes, sings, shouts, or talks. The droplets vary in size from large droplets that fall to the ground rapidly (within seconds or minutes) near the infected person, to smaller droplets, which linger in the air under some circumstances. Coronaviruses are also spread through contact with objects or surfaces contaminated by infectious droplets, but the risk is generally considered to be low. Human-to-human transmission is the main driving force of the current COVID-19 outbreak and is exacerbated by a lack of immunity in the general population.
COVID-19 has been demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition are at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of five days.
The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not contained. The WHO continues to provide technical guidance and advice to countries for containing the pandemic, including identification of cases and recommendations for measures to prevent further spread. Since September 2020, multiple countries have detected SARS-CoV-2 variants whose mutations may increase pathogenicity and/or transmissibility, and potentially reduce vaccine effectiveness; these are referred to as variants of concern. The introduction of the new variants of concern may further worsen the negative health impacts of COVID-19.
Testing
Testing capabilities have advanced significantly over the past 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 (US), for instance, currently requires that all travellers to the US have evidence of a negative pre-departure molecular or antigen test three days prior to boarding a flight to the US. The US is also actively exploring their approach to the land borders. As of April 2, 2021, the US's Centers for Disease Control and Prevention (US CDC) has 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 US.
COVID-19 molecular testing such as polymerase chain reaction (PCR) test and reverse transcription loop-mediated isothermal amplification (LAMP) tests have a higher sensitivity for detecting COVID-19 over the duration of infection. They are also able to detect most symptomatic and asymptomatic infections. An antigen test is more likely to miss a COVID-19 infection compared to a molecular test, such as a PCR test. Therefore, molecular tests are more accurate for use in pre-departure screening.
Available science demonstrates that, as is the case with many other viruses, a person may continue to obtain a positive molecular test result up to 90 days after their infection, even though they are no longer considered infectious. Positive test results of previously infected individuals should not be considered a new infection posing risk, but rather as a person who has recovered from a prior COVID-19 infection. Since a positive test result may inadvertently prevent a recovered patient from entering Canada, acceptable proof of prior infection from an asymptomatic traveller is accepted as an alternative to the requirement to test upon arrival and (for air travellers) to go into a government-authorized accommodation. Requiring the prior positive test results to be no sooner than 14 days before the initial scheduled departure (by air) or arrival (by land) time allows for the time needed to become non-infectious and thus prevents those persons who may be infectious from travelling and possibly transmitting COVID-19 upon travel to Canada.
The Government of Canada conducted a number of pilot programs with provincial governments and industry stakeholders at select airport and border crossings, which demonstrated that the frequency of people coming into Canada with COVID-19 was approximately 1-2%, meaning that at least one person on every flight with 100 passengers to Canada has the virus responsible for COVID-19. Of those, over sixty-eight percent (68.5%) of cases tested positive upon arrival. An additional 25.8% of positive cases were identified at day seven of their quarantine period, with another 5.6% identified by day 14. As of June 10, 2021, since implementation of pre-departure, on arrival, and post-arrival testing in February 2021, the Government has continued to see a total overall rate of 1.4% of travellers arriving by air testing positive and 0.3% of travellers arriving by land testing positive.
Vaccination
Another technological development assisting in pandemic control measures is the advent of new vaccines against COVID-19. As of June 10, 2021 the CDC have reported that over 172 million people in the US (51.9% of the total population) have received at least one dose of a COVID-19 vaccine, and 141 million people (42.6% of the total population) have been fully vaccinated. By comparison, as of June 16, 2021, more than 24 million Canadians (65.1% of the total population) have received at least one dose, and more than 5 million (14.4% of the total population) are fully vaccinated. Assuming the continued supply of safe and effective vaccines, it is expected that there will be enough vaccines to immunize all Canadians for whom vaccines are approved and recommended. The Government of Canada anticipates that this will be achievable by September 2021.
Knowledge on 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. At this time, studies suggest that vaccinations may be able to reduce viral loads, and possibly infectiousness; there is emerging evidence suggesting that vaccines have an impact on preventing transmission. Vaccinated individuals are less likely to become infected with SARS-CoV-2 and are therefore, are less likely to transmit infection to others. In addition, there is preliminary evidence to suggest that vaccinated individuals, if infected, 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 National Advisory Committee on Immunization (NACI) currently recommends that all individuals should continue to practice recommended public health measures for prevention and control of COVID-19 and transmission regardless of COVID-19 vaccination at this time. NACI is reviewing all available evidence and recommendations from key bodies, such as the WHO, to determine appropriate public health measures, including testing and quarantine requirements that vaccinated travellers should be required to meet.
On June 8, 2021, the COVID-19 Screening and Testing Expert Panel released its fourth report entitled “Priority strategies to optimize testing and quarantine at Canada's borders”, 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) or unvaccinated.
While the CDC has announced that persons who are fully vaccinated may stop wearing masks and maintaining physical distance in some indoor and outdoor settings, they continue to recommend masking and distancing for activities such as receiving medical services and travelling by public transportation. They also continue to require pre-departure testing for all travellers to the US, including those who are fully vaccinated.
COVID-19 situation globally
Canada continues to have a Level 3 travel health notice for all countries, including the US, advising Canadians to avoid non-essential travel outside Canada. Recently, the US has reduced the level of some of its travel health notices, including reducing the travel health notice for Canada from Level 4 to Level 3.
The global number of daily reported cases of COVID-19 is currently decreasing; however, countries in many parts of the world continue to report high numbers of cases and global vaccine coverage is still low. As of June 14, 2021, the countries reporting the highest number of cases in the previous 7 days were India with 630,650 new cases, Brazil with 467,393 new cases, and Argentina with 177,688 new cases. Data as of June 14, 2021 shows the US reporting the fifth highest number of confirmed cases in the past week, compared to all reporting countries, with 105,089 new cases over the last 7 days.
In many countries, the spread of more contagious variants of concern have contributed to a third wave. Several new variants of the virus with higher transmissibility detected in the UK, South Africa, Brazil and India have now been identified in many countries around the globe, including an increasing number of cases in Canada and the US. As of June 15, 2021, the B.1.1.7 (Alpha) variant is reported in 145 countries, the B.1.351 (Beta) variant is reported in 109 countries, the P.1 (Gamma) variant is reported in 58 countries and the B.1.617 (Delta) variant is reported in 79 countries across all six WHO regions. All four of these variants have been detected in the US; of these, the most prevalent was estimated to be the B.1.1.7 (Alpha) variant as of May 22, 2021.
The WHO has published an interim guidance document providing national authorities with a step-by-step approach to decision-making for calibrating risk mitigation measures and establishing policies to allow for safe international travel, but currently, there is no internationally accepted standard for establishing travel thresholds or assessing a country's COVID-19 risk. At this time, it is the view of the Government of Canada that travel continues to present a risk of importing cases, including cases of new variants of the virus that causes COVID-19, and increases the potential for onward community transmission of COVID-19. Timely efforts to prevent and control the spread of COVID-19 and variants of concern should be more aggressive than those taken in the early phases of the pandemic. This includes avoiding all non-essential travel as well as maintaining testing efforts, contact tracing and isolation of confirmed cases.
The heightened risk posed by the accelerated spread of these variants, place some jurisdictions at a likelihood of increased COVID-19 transmission. As such, 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.
COVID-19 situation in Canada
Domestically the situation is improving. Case counts in Canada have declined significantly in the past weeks, and several provinces and territories have begun easing lockdown measures and published plans for a phased re-opening. Nationally, the daily incidence rate as of June 15, 2021 has dropped from the peak observed on April 26, 2020 by 26.7%. As of June 15, 2021, Canada's case count stood at 1,404,093 with 14,923 considered active cases. For the week of June 15, 2021, an average of 1,240 cases were reported in Canada daily, a 28.7% decrease in the average daily cases from the week of June 4, 2021.
As of June 15, 2021, there have been 234,137 cases associated with variants of concern reported publicly in Canada; the majority of the cases in the provinces have been the B.1.1.7 (Alpha) variant. This variant of concern appears to have higher transmissibility; however, the B.1.617.2 (Delta) variant first identified in India is proving to have the highest transmissibility rates of all variants of concern and has become the most dominant strain circulating in the UK. The Delta variant is now also identified in all provinces and in Nunavut.
As a result of measures limiting optional or discretionary travel into Canada, the number of travel-related COVID-19 cases remains a fraction of the imported cases seen at the beginning of the pandemic. Following the implementation of recent border measures on February 21, 2021 (i.e., requirement for government-approved accommodations and post-arrival testing), there was a significant decrease in the number of air arrivals to Canada, particularly for travellers that are non-exempt from quarantine requirements. Canada has seen an 86% decrease in the number of travellers arriving from the US, in May 2021 compared to May 2019, and a 94% 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 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.
The number of reported imported cases is likely an underestimate of the true value. However, 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. Based on current review of international experience with new variants, maintaining measures that leverage the availability of testing technologies will further prevent the introduction and spread of COVID-19 or new variants of concern in Canada.
In the past weeks Canada has significantly ramped up its distribution and administration of COVID-19 vaccine. As of June 16, 2021, more than 24 million Canadians (65.1% of the total population) have received at least one dose, and more than 5 million (14.4% of the total population) are fully vaccinated.
Evidence demonstrates that pre-departure testing combined with testing all travellers upon entry and again later in the quarantine period will enable detection of the majority of persons with COVID-19 arriving in Canada. Identification of these cases will further permit genetic sequencing and the identification of novel variants of concern to support public health efforts to contain COVID-19 spread. Requiring travellers entering Canada by aircraft to reside in government-authorized accommodation until they receive their first test result will help identify and isolate those who may introduce or spread COVID-19 variants. Persons who are fully vaccinated may not present as high a risk as unvaccinated travellers, so the public health risk mitigated by a government-authorized accommodation and a 14-day quarantine is lower for those who have received a vaccine.
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 May 21, 2021, the Governor in Council has made 53 emergency orders 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. As such, there is no reasonable alternative to the increasing mandatory use of ArriveCAN to allow travellers to electronically submit COVID-19 related information 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. However, until the Canadian population has achieved over 75% of the domestic population vaccinated with two doses, these measures remain the most effective means of limiting the introduction and spread of new cases of COVID-19 and the variants of concern into Canada.
With new, more transmissible variants of the COVID-19 virus 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. The Government of Canada will continue to review the available evidence and monitor the situation to determine future border measures adjustments to protect the health and safety of Canadians by reducing the further introduction and transmission of COVID-19 in the country.
Implications
Key impacts for persons entering Canada
This Order introduces the first steps towards a phased easing of border measures in recognition of increased vaccination by Canadians and increasing evidence of decreased transmission from fully vaccinated individuals. As was the case under the previous Order, before entering Canada all travellers by land and air are required to submit accurate contact information and quarantine plans, or just contact information if they are exempt from quarantine, to the Minister of Health by electronic means or another means for certain classes of persons as determined by the Minister. The current requirement to have a negative COVID-19 molecular test result before entering Canada, with limited exceptions, continues to apply.
Unvaccinated travellers, with limited exceptions, continue to be required to undergo a COVID-19 molecular test upon entry into, as well as after entering Canada. Unvaccinated travellers travelling by air must remain in their government-authorized accommodation at the first port of entry until their first test result is received. Unvaccinated persons who are exempt from staying in a government-authorized accommodation are still required to quarantine for 14 days from the day they enter Canada. For all travellers eligible to enter Canada, planning in advance to ensure all mandatory requirements are met is crucial.
The first phase of Canada's approach to easing border measures will begin on July 5, 2021, for fully vaccinated travellers who are eligible to enter Canada under the current travel restrictions. The Order now includes a definition of what the Government of Canada considers a “fully vaccinated” individual. The list of authorized vaccines and vaccine regimens for the purposes of the definition will be posted publicly on a Government of Canada website to inform travellers. The Order now requires that all travellers arriving by land and air, with limited exceptions, provide information on their vaccination status. This information will help identify whether individuals who are fully vaccinated are still testing positive, and have what is referred to as vaccine-escape variants, and will serve to inform future easing of border measures. Fully vaccinated travellers who have received a COVID-19 vaccine will also be required to provide evidence of vaccination electronically prior to or when entering Canada (depending on the mode of travel). This documentation must be in English or French, or a certified translation into either of these languages. Travellers must keep an accessible copy of both the vaccination certification and, if applicable, the original of the certified translation, during the first 14 days after entering Canada.
As an incremental step, the Order now provides that those asymptomatic, fully vaccinated persons currently permitted to enter Canada will be exempt from the government-authorized accommodation stay when arriving by air if certain conditions are met. Fully vaccinated persons entering by air or land will also not be required to quarantine. They will still be required to complete an on-arrival test upon entering, but not the second, after-arrival test. As is true for other travellers exempt from quarantine, these persons will still be required to wear a mask at all times in public and keep a list of their close contacts for the full 14-day period.
Being fully vaccinated will not automatically exempt a traveller from the mandatory government-authorized accommodation stay, second post-border test, or mandatory quarantine in a suitable place. Fully vaccinated travellers must also 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 or exposure to another traveller who is symptomatic or who has tested positive. Acceptable supporting proof of vaccination is also required. Final determination regarding exemptions is made by a government representative at the border based on the information presented at the time of entry into Canada.
The Government of Canada has replaced inefficient paper-based processes at Canada's ports of entry. As such, the Government has no reasonable alternative but to require fully vaccinated travellers arriving at land ports of entry to electronically submit COVID-19 related information into ArriveCAN in advance of their arrival.
To avoid separation of those who need support, unvaccinated children under 18 and some dependent adults travelling with a fully vaccinated adult by air will also be exempt from the government-authorized accommodation, although they will be required to complete the full testing and 14-day quarantine requirements as they remain susceptible to COVID-19 and can present a risk to others. This cautionary approach to continue to require post-border testing and quarantine similarly applies to those who were previously infected with COVID-19 or are unable to undergo vaccination.
Notwithstanding the above-described exemptions, to minimize the risks of introduction and spread of COVID-19 and to inform future public health decision-making, the Order also authorizes the Minister of Health, on recommendation of the Chief Public Health Officer, to require any fully vaccinated person to undergo a modified or randomized COVID-19 testing regimen (e.g., waiving the on-arrival test for some travellers) during the 14-days following their entry into Canada, and to report the result to the Minister, a screening officer or a quarantine officer. If the person obtains a positive result for the required COVID-19 test, the person must follow the instructions provided by the public health authority specified by the screening or quarantine officer.
A technical amendment is made to specify that the isolation period resets upon receipt of a positive COVID-19 test result and begins either on the date that the specimen is taken (i.e., nasal swab performed) as verified by the test provider or on the date of the test result itself, whichever is earlier. The Order also includes amendments to align the English and French text.
Penalties
Failure to comply with this Order and other related measures under the Quarantine Act are offences under the Act. The maximum penalties are a fine of up to $1,000,000 or imprisonment for three years, or both. Non-compliance is also subject to fines under the federal Contraventions Act .
Consultation
The Government of Canada has engaged provinces and territories to coordinate efforts and implementation plans. In addition, there has been consultation across multiple government departments, including the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada, Transport Canada, Public Safety Canada, Health Canada, Agriculture and Agri-Food Canada, Employment and Social Development Canada, Department of Fisheries and Oceans, Canadian Armed Forces, Canadian Heritage, and Global Affairs Canada, given linkages to departmental mandates and other statutory instruments.
Contact
Kimby Barton
Public Health Agency of Canada
Telephone: 613‑960‑6637
Email: kimby.barton@canada.caFootnotes
Footnote aP.C. 2021-420, May 21, 2021
- (i) in the case of a person who receives a positive result,
- (i) in the case of a person who receives a positive result,
- (i) in the case of a person entering Canada by aircraft,