Canada Gazette, Part I, Volume 154, Number 35: ORDERS IN COUNCIL

August 29, 2020

PUBLIC HEALTH AGENCY OF CANADA

QUARANTINE ACT

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

P.C. 2020-565 August 20, 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 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.

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. 3 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. 2020-538

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Risk of Exposure to COVID-19 in Canada Order (Prohibition of Entry into Canada from the United States) footnote 1 is repealed.

Effective period

9 This Order has effect for the period beginning 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 September 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. 2020-538 of the same name, which came into force on July 20, 2020.

This Order complements the Order in Council entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 3 (P.C. 2020-524).

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, on September 21, 2020.

Objective

This Order extends the effective date of the previous Order restricting entry into Canada from the United States.

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 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 they exhibit signs and symptoms of COVID-19.

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).

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.

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. No vaccine is available to protect Canadians from COVID-19. Current treatment is supportive, aimed at relief of symptoms and treatment of associated medical complications.

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. If widespread disease occurs in Canada, the health system could be overwhelmed, further increasing negative health impacts.

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, for example, 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 further spread of the virus.

Together, these measures have been effective. For instance, by limiting incoming travel to Canada and requiring mandatory isolation and quarantine, the Government of Canada has reduced travel-related infections to low numbers. While these measures cannot prevent COVID-19 from crossing the borders, they are effective at reducing the risk that community transmission will occur due to international travel.

As the COVID-19 pandemic evolves, the Government of Canada is continuing to evaluate the latest science and situational assessments of what is occurring in various jurisdictions across Canada and internationally when considering any changes to border restrictions or border measures. All changes to international travel restrictions and advice are based on national and international evidence-based risk assessments. At this time, travel continues to present a risk of imported cases and increases the potential for onward community transmission of COVID-19. This is because, while some countries are starting to see confirmed cases and deaths fall following strict lockdown restrictions, others are still seeing figures rise.

The global number of cases of COVID-19 is rising at an accelerated pace, with sharp increases in cases in Latin America, Africa, Asia and the Middle East. Cases of COVID-19 in the United States also remain high. As of August 12, 2020, there were 5 141 207 detected cases in the United States. The WHO has also warned countries to prepare for new outbreaks, especially in areas where lockdowns have been eased.

As a result, there remains significant potential for a resurgence of travel-related cases in Canada if the border prohibitions were to be lifted at this time. The role of laboratory testing as part of a multilayered approach to reduce the risk of importation or to ease quarantine measures is being explored.

Consequently, entry prohibitions coupled with mandatory isolation and quarantine remain the most effective means of limiting the introduction of new cases of COVID-19 into Canada. With some countries easing COVID-19 protection measures and the risk of new cases likely increasing as a result, the Government of Canada is taking a precautionary approach to maintain the current border restrictions at this time.

By maintaining existing restrictions, Canada will continue to reduce the entry of COVID-19 linked to travellers entering Canada to the extent possible. Without these travel restrictions, travel-related COVID-19 transmission is predicted to increase the number of documented cases in Canada.

Implications

Key impacts for travellers

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

This Order will continue to generally prohibit foreign nationals from entering Canada from the United States, unless they are entering for non-optional or non-discretionary purposes or are immediate family members of a Canadian citizen or permanent resident and entering Canada to be with that person for at least 15 days.

Foreign nationals travelling for any purpose will be denied entry into Canada if they have COVID-19, or are exhibiting signs and symptoms of COVID-19, subject to certain narrow exemptions. 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.

There is no change from previous versions to the list of foreign nationals exempted in the new Order, including for those eligible to make a refugee claim in Canada at a port of entry under the Safe Third Country Agreement between Canada and the United States. Upon entry into Canada, all persons become subject to the complementary order that requires asymptomatic persons to quarantine themselves for 14 days, with some exemptions, and symptomatic persons to isolate themselves for 14 days.

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.

Safe Third Country Agreement

On July 22, 2020, the Federal Court of Canada released a decision striking down provisions of the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations implementing the Safe Third Country Agreement between Canada and the United States as violating section 7 of the Charter of Rights and Freedoms. Although the Federal Court has made its ruling, that decision does not come in effect until January 22, 2021. Therefore, the Safe Third Country Agreement remains in effect and the border restrictions implemented as a result of the pandemic continue to be in effect.

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 other statutory instruments.

Departmental contact

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