Canada Gazette, Part I, Volume 154, Number 25: ORDERS IN COUNCIL

June 20, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-441 June 8, 2020

Whereas the Governor in Council is of the opinion that

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 58 of the Quarantine Actfootnote a, makes the annexed Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from any Country other than the United States).

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

Definitions

1 The following definitions apply in this Order.

Prohibition

2 Any foreign national is prohibited from entering Canada if they arrive from a foreign country other than the United States.

Non-application

3 (1) Section 2 does not apply to

Exception — signs and symptoms

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

Exception — optional or discretionary purpose

(3) Despite subsection (1), a person who seeks to enter Canada for an optional or discretionary purpose, such as tourism, recreation or entertainment, is prohibited from entering Canada from a foreign country other than the United States.

Non-application — immediate family member

(4) Subsection (3) does not apply to a foreign national who is an immediate family member of a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident and can demonstrate the intent to stay in Canada for a period of at least 15 days.

Non-application — order

4 This Order does not apply to

Powers and obligations

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

Repeal of P.C. 2020-184

6 The Minimizing the Risk of Exposure to COVID-19 Coronavirus Disease 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 23.59.59 Eastern Daylight Time on the day on which it is made and ending at 23.59.59 Eastern Daylight Time on June 30, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from 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. 2020-184 of the same name, which came into force on March 26, 2020.

This Order complements Order in Council P.C. 2020-260 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.

This Order will be in effect at 23.59.59 p.m. Eastern Daylight Time on the date it is made until June 30, 2020.

Objective

This Order supports Canada’s continued focus on reducing the introduction and further spread of COVID-19 by decreasing the risk of importing cases from outside the country. The Order continues to prohibit entry into Canada of foreign nationals arriving from countries other than the United States (U.S.), with some limited exceptions. Those who are permitted entry generally may do so only if they do not have COVID-19 and do not exhibit signs and symptoms of COVID-19, and only for a non-optional and non-discretionary purpose.

In response to concerns expressed by Canadians around the strict interpretation of the Orders, an approach is being taken that balances a more permissive and compassionate view to family reunification while still respecting the need to protect the Canadian public health and health care system from avoidable potential COVID-19 exposure. This Order includes an amendment to exempt foreign nationals who are immediate family members (as defined in the Order) of Canadian citizens or permanent residents from the prohibition on optional/discretionary entry, provided that they establish their intent to remain in Canada to be with their family member for a period of at least 15 days.

All other existing prohibitions on entry of foreign nationals into Canada continue to apply.

In addition to the changes to enable family reunification, the Order includes technical amendments to address operational issues. These include the following: confirming that conveyances have the right to pass through Canadian waters or airspace in accordance with Canada’s obligations under international conventions; clarifying that travellers who arrive at Canadian airports and remain in a contained area of the airport while in transit to their final international destination are exempt from the prohibition on entry; confirming that unaccredited diplomats and other officials (and their immediate family members) may enter Canada prior to taking up their posts; recognizing that Immigration, Refugees and Citizenship Canada is singularly responsible to address family reunification requests; and aligning the description of COVID-19 signs and symptoms between the Orders. These amendments have no negative impact on public health objectives.

This Order repeals and replaces the previous Order restricting entry into Canada from any country other than the United States.

Background

COVID-19

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

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

COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present with symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. Current treatment is supportive, aimed at relief of symptoms and treatment of associated medical complications.

COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Therefore, information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been limited and based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries across the globe. The science around the virus is still evolving. No vaccine is available to protect Canadians from COVID-19.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not properly contained. Global efforts are focused on identification of cases and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of precautionary measures. However, if widespread disease occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts. There remains the potential for a resurgence of travel-related cases in Canada if the border prohibitions were to be lifted at this time.

Government of Canada response to COVID-19 pandemic

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

Together, these public health measures have effectively reduced travel-related cases of COVID-19 in Canada. Canada is making progress in flattening the curve, but the future of the pandemic remains uncertain. At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. As of June 1, 2020, there were 1 790 191 detected cases in the United States, 83 071 detected cases in mainland China, and 1 943 816 detected cases in Europe. Canada recognizes the declaration by WHO Member States that part of the actions needed to reduce the spread of COVID-19 include protecting the most vulnerable. By largely maintaining entry restrictions, Canada will continue to reduce the entry of COVID-19 linked to travellers to the extent possible.

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 exempt certain persons from the prohibition on entering Canada from countries other than the United States, as long as they are entering for non-optional or non-discretionary purposes. Foreign nationals travelling for any purpose will be denied entry into Canada if they are exhibiting signs and symptoms of COVID-19, unless otherwise exempted from the prohibition on entry. The enforcement of the prohibition on entry for persons who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.

This Order will no longer prohibit the entry of foreign nationals who are immediate family members (as defined in the Order) of Canadian citizens and permanent residents provided that they will be entering Canada to be with their immediate family member and can demonstrate their intent to remain in Canada for a period of at least 15 days. This time frame will facilitate the 14-day quarantine period upon entry. Travellers who are unable to meet the 15-day time frame, or whose purpose for entry is not to be with their Canadian family member, will still have to demonstrate their entry is for a non-discretionary or non-optional reason. The changes have been made to apply a more compassionate lens to immediate family members who are seeking to reunite with their loved ones during this unprecedented pandemic.

Provided that they meet the criteria outlined above, immediate family members who were previously temporarily directed back to the United States due to the prohibition on entry to Canada are eligible to return to seek entry to Canada on the date this Order comes into force. This amendment does not, however, guarantee entry to all family members. To enter Canada, all persons must continue to meet the admissibility criteria as outlined in the Immigration and Refugee Protection Act.

Upon entry into Canada, all persons, including the newly permitted immediate family members, become subject to P.C. 2020-260, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, which requires asymptomatic and symptomatic persons permitted entry into Canada to quarantine themselves for 14 days, with some exceptions.

The Government of Canada recognizes that the prohibition on entry to Canada has significantly impacted the Canadian economy. However, the measures taken by the Government of Canada continue to be necessary to address the serious health threat presented 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

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

Departmental contact

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

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-442 June 8, 2020

Whereas the Governor in Council is of the opinion that

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

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

Definitions

1 The following definitions apply in this Order.

Prohibition — signs and symptoms

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

Non-application — certain persons

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

Prohibition — optional or discretionary purpose

3 (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 or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, if the foreign national intends to enter Canada to be with their immediate family member who is a Canadian citizen or a permanent resident and can demonstrate the intent to stay in Canada for a period of at least 15 days.

Prohibition — unable to meet quarantine requirement

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

Non-application — certain persons

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

Prohibition — claim for refugee protection

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

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 paragraph 159.4(1)(a), (b) or (c) of the Immigration and Refugee Protection Regulations:

Non-application — Order

6 This Order does not apply to

Powers and obligations

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

Repeal of P.C. 2020–370

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 23.59.59 Eastern Daylight Time on the day on which it is made and ending at 23.59.59 Eastern Daylight Time on June 21, 2020.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

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

The Order repeals and replaces Order in Council P.C. 2020-370 of the same name, which came into force on May 22, 2020.

This Order complements Order in Council P.C. 2020-260 entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2.

This Order will be in effect from 23.59.59 Eastern Daylight Time on the date it is made until June 21, 2020.

Objective

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

In response to concerns expressed by Canadians around the strict interpretation of the Orders, an approach is being taken that balances a more permissive and compassionate view to family reunification while still respecting the need to protect the Canadian public health and health care system from avoidable potential COVID-19 exposure. This Order contains an amendment to exempt foreign nationals who do not have COVID-19 or exhibit signs and symptoms of COVID-19 and who are immediate family members (as defined in the Order) of Canadian citizens or permanent residents from the prohibition on optional/discretionary entry provided that they establish their intent is to remain in Canada to be with their family member for a period of at least 15 days. To facilitate interpretation at the borders, a definition of immediate family members has been included that aligns with that of the existing Order for persons coming from countries other than the United States.

All other existing prohibitions on entry of foreign nationals into Canada via the United States continue to apply.

The Order also contains a technical amendment to confirm that conveyances have the right to pass through Canadian waters or airspace in accordance with Canada’s obligations under international conventions.

This Order repeals and replaces the previous Order restricting entry into Canada from the United States.

Background

COVID-19

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

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

COVID-19 has been clearly demonstrated to be a severe, life-threatening respiratory disease. Patients with COVID-19 present with symptoms that may include fever, malaise, dry cough, shortness of breath, and damage to the lungs. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and death. Older individuals and those with a weakened immune system or an underlying medical condition have been seen to be at a higher risk of severe disease. The time from exposure to onset of symptoms is currently estimated to be up to 14 days, with an average of 5 days. Current treatment is supportive, aimed at relief of symptoms and treatment of associated medical complications.

COVID-19 was first detected in Wuhan, China, in December 2019. The disease is caused by a new strain of coronavirus never before seen in humans. Therefore, information about the virus, how it causes disease, whom it affects, and how to appropriately treat or prevent illness has been limited and based on best practices approaches to coronaviruses at large. Originally seen to be a local outbreak, COVID-19 has now affected the majority of countries across the globe. The science around the virus is still evolving. No vaccine is available to protect Canadians from COVID-19.

The World Health Organization (WHO) declared an outbreak of what is now known as COVID-19 to be a Public Health Emergency of International Concern (PHEIC) on January 30, 2020, and a pandemic on March 11, 2020. COVID-19 has demonstrated that it can cause widespread illness if not properly contained. Global efforts are focused on identification of cases and the prevention of further spread. To date, Canada has managed to slow the spread of the virus by applying layers of precautionary measures. However, if widespread disease occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts. There remains the potential for a resurgence of travel-related cases in Canada if the border prohibitions were to be lifted at this time.

Government of Canada response to COVID-19 pandemic

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

Together, these public health measures have effectively reduced travel-related cases of COVID-19 in Canada. Canada is making progress in flattening the curve, but the future of the pandemic remains uncertain. At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. As of June 1, 2020, there were 1 790 191 detected cases in the United States, which account for just less than 50% of all detected global cases. Canada recognizes the declaration by WHO Member States that part of the actions needed to reduce the spread of COVID-19 include protecting the most vulnerable. By maintaining existing restrictions for the most part, Canada will continue to reduce the entry of COVID-19 linked to travellers entering Canada from the United States to the extent possible. Canada will continue the existing, limited exemptions that permit necessary trade and transportation for consumer goods, food, and medical supplies.

Implications

Key impacts for travellers

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

This Order will continue to permit persons entering Canada from the United States for non-optional or non-discretionary purposes, such as delivering essential services and supplies. Foreign nationals travelling for non-optional or non-discretionary purposes will be denied entry into Canada, as well as foreign nationals exhibiting signs and symptoms of COVID-19, unless otherwise exempted from the prohibition on entry. The enforcement of the prohibition on entry for persons who arrive exhibiting COVID-19 symptoms, despite having appeared healthy prior to boarding an aircraft or vessel, may be deferred to the extent required to maintain public health and ensure the safety of the commercial transportation system.

This Order will no longer prohibit the entry of foreign nationals who are immediate family members (as defined in the Order) of Canadian citizens and permanent residents provided that they will be entering Canada to be with their immediate family member and can demonstrate their intent to remain in Canada for a period of at least 15 days. This time frame will facilitate the 14-day quarantine period upon entry. Travellers who are unable to meet the 15-day time frame, or whose purpose for entry is not to be with their Canadian family member, will still have to demonstrate their entry is for a non-discretionary or non-optional reason. The changes have been made to apply a more compassionate lens to immediate family members who are seeking to reunite with their loved ones during this unprecedented pandemic.

The Order now provides a clear and concise definition of immediate family member which includes

Provided that they meet the criteria outlined above, immediate family members who were previously temporarily directed back to the United States due to the prohibition on entry to Canada are eligible to return to seek entry to Canada on the date this Order comes into force. This amendment does not, however, guarantee entry to all family members. To enter Canada, all persons must continue to meet the admissibility criteria as outlined in the Immigration and Refugee Protection Act.

Upon entry into Canada, all persons, including the newly permitted immediate family members, become subject to P.C. 2020-260, Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2, which requires asymptomatic and symptomatic persons permitted entry into Canada to quarantine themselves for 14 days, with some exceptions.

The Government of Canada recognizes that the prohibition on entry to Canada has significantly impacted the Canadian economy. However, the measures the Government of Canada is taking continue to be necessary to address the serious health threat presented 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

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

Departmental contact

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